Fayette County Republicans waive recount, certify results and allow candidate to pursue contest

FAYETTE COUNTY — The Fayette County Republican executive committee on May 26 voted to waive a requested recount in the Plateau district executive committee race, certified the election results and permitted candidate William Vest to move forward with a formal election contest.

County counsel told the committee the legal route for challenges alleging fraud or ineligible voting is an election contest under recent case law (cited as Silvis) and relevant West Virginia code sections, and that "a recount is not necessary" to pursue such a contest. The committee asked Vest to state for the record whether he wanted a recount; Vest said he would contest the election but indicated he did not want a recount that he believed would not change the outcome.

The decision came after Vest said he believed between 38 and 96 ballots in the Republican primary were cast by voters who were not eligible to participate and urged the committee to order a special election. "If you don't, then our elections are nothing," Vest said, arguing that poll-worker errors and inconsistent procedures undermined the race and that cost and complexity could deter less wealthy challengers.

A commissioner who moved the motion to allow Vest to "proceed to the next part of the process and contest the election" said the committee shared Vest’s concern about the irregularities but wanted to avoid imposing unnecessary cost on him if a recount would not change the tallies. That motion was seconded and approved by voice vote. County counsel asked that it be noted on the record that Commissioner Brennaman abstained from voting because of a potential conflict (his stepson is affected by the race).

The committee also voted to have the board of canvassers certify the Plateau district results, a ministerial step counsel said was necessary to complete the administrative record so Vest could pursue a contest. Commissioners discussed that a $300 bond is required to request a recount and that the actual recount cost (machines, staffing) could run into the thousands; they said they would ask the Secretary of State’s office whether the $300 bond applies only to a recount and whether it could be refunded.

County counsel advised Vest to secure an attorney for the formal contest, noting evidentiary and legal burdens a challenger must meet. The committee said it would prepare a written finding describing what happened, provide Vest with instructions on next steps and notify other candidates of the cancellation of the planned recount.

The meeting concluded after the panel approved a motion to cancel the scheduled Friday recount and directed the clerk’s office to notify other candidates in the same manner they had been notified previously. Vest may now present evidence in a contest before the commission; if he disagrees with the commission’s ruling, he may appeal to the circuit court.

The committee adjourned following the votes.