Charleston Gazette.....
April 5, 2008
Nitro residents question candidates' paperwork
By Rusty Marks
Some Nitro citizens want to put the brakes on city elections until it can be proven that all candidacy papers were filled out properly.
"Any way you look at it, the city voting process is inhibited," said 60-year Nitro resident Hershel Facemyre, the spokesman for a group of citizens who want city officials to wait to certify the list of candidates for city elections on June 3.
After the filing deadline for city elections passed last week, allegations were made that some candidates had forged signatures on petitions to run for office. Allegations were also made that some candidates signed candidacy papers that had been filled out and notarized in advance.
"There are at least two that are being challenged or questioned," Facemyre said Friday.
Nitro City Council was to have certified a list of candidates on April 2, but decided to wait a week to try and clear up questions about the candidacy papers. But Facemyre and some others want city officials to wait until state and county officials determine whether any of the candidates broke the law before taking further action.
Facemyre and a few others are circulating a petition to do just that.
"We're asking them right up front not to certify any candidates until they're sure every candidate is certifiable," he said.
"My concern is what's right for the city of Nitro. If that means postponing the election, it means postponing the election."
Allegations of election fraud in Nitro have been turned over to Kanawha County prosecutors and to the Secretary of State's office. But Facemyre and others don't know how long it might take state and county officials to decide whether any candidates did anything wrong.
"If they're not going to act on this until late May or even June with the grand jury, there's a possibility some of these people could be elected to office," Facemyre said.
If it's found that a candidate is elected who broke the law, replacing the candidate after the fact would be up to the City Council, not voters, Facemyre said. Even allowing a questionable candidate to remain in the race could rob other candidates of votes and affect the outcome of the election, he argued.
"It would just throw the whole election into turmoil," he said.
Facemyre said about 150 people have signed the petition so far. Organizers hope to get about 5 percent of Nitro's registered voters to sign.
Nitro City Recorder Rita Cox said there are about 4,400 people registered to vote in Nitro.
Kanawha County Commission President Kent Carper said he has gotten dozens of calls about the alleged election fraud from citizens in Nitro.
"The allegations are serious," he said. "People are very concerned." He isn't sure the election can be postponed, but said he understands residents' fears. "I would think the only way to prevent the election would be with a court order," Carper said.
"That may very well be the next step," Facemyre said.
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