WV Supreme Court Candidate Files Lawsuit Against State of WV to Force Compliance With Its Own Election Laws!

Despite being registered as a Republican, Dr. Allen H. Loughry continues to fight as hard as is legally possible to clean up West Virginia’s elections. He deserves the vote and full support of every true Progressive.

SUPREME COURT CANDIDATE ALLEN LOUGHRY FILES RESPONSE TO FEDERAL LAWSUIT AND FILES LAWSUIT WITH STATE SUPREME COURT TO ENFORCE CAMPAIGN LAW COMPLIANCE

Loughry Also Adds Brennan Center for Justice and Huntington Attorney Marc Williams to Legal Team

Charleston, WV – Supreme Court Candidate Allen Loughry today filed a response to a federal lawsuit that attempts to block funding to his campaign.  The federal lawsuit was filed by another Supreme Court candidate’s campaign attorney.

In addition, Loughry filed a separate legal action in the State Supreme Court seeking to force the State Election Commission (SEC) to follow the existing laws and provide his campaign with the additional funding.  Loughry has been critical of the Secretary of State’s office and SEC during recent weeks for their handling of the pilot program and says that the SEC has been in direct violation of West Virginia law since at least the middle of July.

“The SEC’s refusal to abide by the law is not only a violation of its constitutional duties, it also is a slap in the face to the State legislators who passed the law, as well as to then-Governor Joe Manchin who pushed for and later signed the law,” said Loughry.  “This unprecedented decision not to follow this law has the potential of singlehandedly destroying the pilot project in addition to negatively impacting the entire Supreme Court election.  The SEC is not permitted to simply disregard laws any more than a private citizen could decide he or she won’t follow a law.”

Loughry is represented by The Brennan Center for Justice at N.Y.U. School of Law and also by West Virginia attorney and lead local counsel Marc Williams.  The Brennan Center is a non-partisan public policy and law institute that focuses on the fundamental issues of democracy and justice.  Williams, who is a managing partner at the nationally-known law firm of Nelson Mullins Riley & Scarborough LLP, has litigated hundreds of lawsuits in the state and federal courts and has earned a reputation as a leader nationally with issues important to the judiciary.

“I am so deeply honored to have the Brennan Center for Justice along with Marc Williams as a part of my incredible legal team,” said Loughry.  “These top-notch attorneys would not get involved in this case if they didn’t recognize the importance of this issue to the voters of West Virginia and to the entire country.”

Loughry said that since the SEC has failed to follow the law, he is anxious to take on this fight on behalf of all West Virginians who want fair judicial elections.

“This program was set up so that the voters would have a fair opportunity to know the candidates in the Supreme Court race in order to make an informed decision about the qualifications of the candidates and not just the ones with the most money,” said Loughry.  “The idea is that this program will eliminate the perception that Supreme Court seats are being bought by other attorneys who practice before the court, by wealthy individuals, or by large corporations, who spend thousands, and sometimes millions, of dollars to elect certain judicial candidates.”

Loughry added that unlike any other campaign for the Supreme Court, the maximum contribution limit to his campaign was $100, that every contribution came from West Virginia registered voters, and that he did not receive a single dime in PAC money.  “It will be impossible for someone to argue with a straight face that a $5 contribution from my fourth grade teacher will impact the impartiality of decisions I make as a Justice on the Supreme Court,” said Loughry.

Loughry was critical of the federal lawsuit filed by one of his opponent’s campaign attorneys.

“The federal lawsuit filed by my opponent’s campaign attorney is nothing more than an attempt to protect the system of buying elections and keeping average citizens from participating in the political system,” said Loughry.  “You should not be able to buy a seat on the Supreme Court like you buy a candy bar at a convenience store.  This should be about fair judicial elections for all West Virginians.”

Loughry’s actions come after a recent 2 to 2 vote where the SEC failed to approve the additional funding to his campaign.  Loughry said the state law is clear in that the SEC is required to provide the additional funding once certain conditions are met.  The SEC voted 4 to 0 that the conditions had been met, yet failed to enforce the law.  Loughry said those actions are an encroachment by the executive branch into the judiciary’s function.

Loughry said that the SEC’s actions are exactly why average citizens are frustrated with many public officials.  “The SEC is sending the message to the nearly 700 people who contributed to my campaign, to the state Legislature that passed the law, and to all of the State’s registered voters, that their voices don’t matter,” Loughry said.  “People just want their elected officials and governing boards to strictly follow the Constitution and to represent them with honor, integrity, and high ethical standards.  Just like all West Virginians, I expect no less from any of our elected officials or governing boards in this state.”

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post script: Upon sending the above press statement to a fellow journalist, Loughry noted:

Dr. Loughry literally wrote the book on The Sordid And Continuing History of Political Corruption in West Virginia

I filed in the supreme court today.  Here is the press release.  I am not an “establishment” candidate so they will more than likely resort to what they do best, i.e., try to tear me down personally.  I didn’t get in this without that knowledge and I am just going to take the fight to November 6th and see what happens.

 

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