2019 Municipal Election Contest

On 24 August 2019, the Town Council of the Corporation of Harpers Ferry heard testimony and received evidence in the trial of Case v. Johnson, No. 2019-HFTC-01, contesting a previous decision to reject four provisional ballots in the 2019 Harpers Ferry municipal elections. On 11 September, the Town Council issued its majority opinion and order, rejecting the four provisional ballots. A dissenting opinion was also issued. The case was appealed, and oral arguments were heard by the West Virginia Supreme Court of Appeals on 19 May 2020. The Supreme Court's decision was issued on 15 June 2020 overturning the tribunal's decision. Consistent with the Supreme Court's opinion, the Circuit Court of Jefferson County issued a new order on 21 July 2020 mandating that the provisional ballots be counted. This page was established to detail the events of this case, including updated court filings and decisions.

8 July: Contesters Nancy Singleton Case and Deborah McGee filed a Notice of Intent to Contest Harpers Ferry Town Council election.
18 July: Response Notice to Contest filed by Contestees.
21 August: Petition for Writ of Prohibition filed by Contesters.
21 August: Motion for Expedited Hearing and Preliminary Injunction Based Upon Petitioners' Petition for Writ of Prohibition filed by Contesters.
23 August: Circuit Court issues Order Denying Injunction.
24 August: The hearing tribunal was heard before the Town Council (Case v. Johnson, No. 2019-HFTC-01). A full transcript of the hearing is available for review.
11 September: Majority Opinion and Official Order issued by the Town Council.
16 September: Dissenting Opinion issued by Recorder Kevin Carden and Councilmember Jay Premack.
27 September: Petition for Appeal filed at Jefferson County Circuit Court (Case v. Corporation of Harpers Ferry, No. 19-P-136.)
1 October: Motion for Preliminary Injunction and Expedited Briefing Schedule filed.
2 October: Order Setting Hearing and Briefing Schedule issued by the Circuit Court.
14 October: Corporation of Harpers Ferry's Objections to Contents of Appendix.
17 October: Individual Respondents' Objections to Contents of Appendix.
17 October: West Virginia Secretary of State's Motion for Leave to File Brief as Amicus Curiae.
17 October: West Virginia Secretary of State's Brief as Amicus Curiae Supporting Petitioner.
22 October: Circuit Court's Order Regarding Motion for Leave to File Brief as Amicus Curiae.
22 October: Respondents' Joint Response in Opposition to the Petition for Appeal.
28 October: Oral arguments were heard before Circuit Court Judge Debra McLaughlin.
6 November: Judge McLaughlin issued a ruling REVERSING the decision of the Harpers Ferry Town Council and ORDERING that the four provisional ballots in question be included in a recount.
6 November: Notice of Appeal to Supreme Court filed by Respondents.
8 November: Motion to Stay Pending Appeal filed by Respondents.
12 November: The Circuit Court granted a "temporary stay of its Order Reversing the Decision of the Harpers Ferry Tribunal pending oral argument on the Motion for Stay" and "possibly jurisdictional arguments" related to a Motion for Preliminary Injunction. (A full transcript of this telephonic hearing can be found here.)
13 November: Motion to Expedite Briefing and Decision of Motion to Appeal filed.
26 November: Notice of Party Status filed by the Corporation of Harpers Ferry with the West Virginia Supreme Court of Appeals.
6 December: Petitioners' Brief and a separate Joint Appendix filed at West Virginia Supreme Court of Appeals.
6 January 2020: Appellees' Brief filed at West Virginia Supreme Court of Appeals.
6 January: West Virginia Secretary of State's Brief as Amicus Curiae Supporting Respondent (Appellees) filed at West Virginia Supreme Court of Appeals.
5 February: Petitioners' Reply Brief and a Motion for Leave to File Supplemental Appendix filed at West Virginia Supreme Court of Appeals.
19 May: Oral arguments heard by the West Virginia Supreme Court of Appeals. (A video file of the hearing can be accessed at this link. NOTE: Large file size [2 GB].)
15 June: The West Virginia Supreme Court of Appeals issued a ruling overturning the decision by the hearing tribunal and declaring that the four provisional ballots in question must be counted. The case was remanded to the Circuit Court for a new order consistent with the WVSCA's opinion.
21 July: The Circuit Court of Jefferson County issued a new order mandating that the provisional ballots must be counted.
29 July: The Board of Canvassers will meet to count the four provisional ballots and recertify the election of Town Council members. See the meeting notice for more information.