In my 50 years of politicking, one of the most relied upon methods for raising doubts about an opposing candidate is to ask where he or she resides.
The issue is usually a red herring since even courts have trouble defining what “residency” actually means. It would be a low percentage of challenges to a candidate’s residency that ever prevails.
This year, we had the much ballyhooed settlement of the Governor Jim Justice residency case. Former Delegate Isaac Sponaugle a Democrat and lawyer, sued Justice for not living in the seat of government as the constitution clearly requires.
The case dragged on from Justice’s first term to his second. Clearly, he resided in Lewisburg during his first four years. He intended to do the same for a second term but finally broke down and agreed to live in the Governor’s Mansion in a much-ballyhooed “settlement.”.
Basically, the Supreme Court ruled that Justice HAD to live in Charleston. He reached an out-of-court settlement with Sponaugle that cost taxpayers more than $200,000 in legal and other fees, and agreed to live in Charleston but still openly resides at his Lewisburg home.
The best argument for ignoring the constitution and highest court is that Justice likes it better in Lewisburg. And a Happy Governor is a Good Governor. Right?
Well ….
We’ve had many residency issues raised, as I said. Few are ever satisfactorily resolved. From legislative to courthouse seats, there’s usually an argument that some candidate doesn’t live in the right place.
Politicians claim dilapidated buildings as their residences to get around living requirements. Plus, one often needs a scorecard to keep up with what the residency requirements are since they differ with different offices.
I’ve been told by “experts” that a congressional House of Representatives member does not even have to pretend to live in the district served although it would be dumb politics not to. Those same folks say U.S. Senators have to live in the state they represent. That was changed, they say, after years of revered Democrat Senator, West Virginian of the Century and Ku Klux Klanner Bobby Byrd living in Virginia while serving as a West Virginia senator.
Prosecuting attorneys can serve a different county than their place of residence. But, in law at least, legislators and county commissioners must live in the territory they serve. And, in some cases, they must have lived there for a year to be eligible.
There is also an added residency requirement for county commissioners, school board members and some legislators.
Counties are divided into magisterial districts. No more than one county commissioner can live in any one magisterial district; no more than two school board members can represent a magisterial district; and where State Senate districts cross county lines, no more than one can serve from a single county in that district.
Hopefully, you are now sufficiently confused about residency to swear off politics for life. It all really makes little sense.
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This all leads me to the present situation in Cabell County. It has been thought that a majority of the county commissioners want to cut the current five magisterial districts to three for the 2022 election.
One logical argument for three districts is that it would assure that the entire county has representation all the time. With the no more than one per district requirement maintained, every election would feature one of the three districts.
Obviously, if there are three districts and three commission seats that must represent different districts, that works out.
Others favoring more than three districts say it opens the opportunity for more to run and serve from various parts of the county.
But if, as many speculate, the primary reason Cabell Commissioners Nancy Cartmill (Republican) and Jim Morgan (Democrat) support three districts is to eliminate Delegate John Mandt Jr. from running against Morgan, that’s gerrymandering and it’s simply wrong.
The map said to be favored by Morgan and Cartmill puts Mandt in a new district with Cartmill. Thus, Mandt must move or not run in 2022 against Morgan. He’d have to move into Morgan’s new district to be eligible.
On December 9 at 10 a.m., the commission is scheduled to vote on the realignment. Concerned voters should plan to attend.
There are some other legal and political considerations to be taken into account when the decision is made. We’ll try to sort them out over the next few days.