District 16 House candidate Naomi Spencer Daly to speak after hearing

HUNTINGTON, West Virginia – Sept. 21, 2016 – On Thursday, September 22, the US District Court for the Southern District of West Virginia, Huntington Division, will rule on a motion for a temporary restraining order against Secretary of State Natalie Tennant.

Naomi Spencer Daly, the Socialist Equality Party’s candidate for House of Delegates in District 16, filed a lawsuit Monday alleging that the decision of the Secretary of State to remove independent candidates from the ballot after they were certified for candidacy violates the constitutional rights of Spencer Daly and other candidates.

On Wednesday, the candidate filed a motion for an injunction. If granted, the emergency restraining order will halt the distribution of absentee ballots upon which independent candidates’ names are covered by stickers.

Judge Robert C. Chambers will hear the motion on Thursday at 1 p.m. at 845 5th Avenue in Huntington. Spencer Daly will make a press statement outside the District Court building immediately following the hearing.

Spencer Daly and co-plaintiff Darrell Castle, the Constitution Party’s presidential candidate, were among 17 independent candidates told they were being removed from the ballot last week after the state Supreme Court of Appeals ruled that Kanawha County Clerk candidate Erik Wells could not run in the November elections. The court ruled he was ineligible to run as an independent because he was still a registered Democrat, but also because he did not file a “certificate of announcement” of his candidacy by January 30. This requirement has been retroactively applied to independent candidates across the state, stripping them of their candidacy after they met all the published requirements to run.

Spencer Daly’s lawsuit declares this a violation of due process and is unconstitutional. The suit asks for the immediate restoration of ballot status to Spencer Daly, Castle, and all candidates similarly disqualified.

Spencer Daly is available for interviews.

Media Contact

Spencer Daly spencer@wsws.org

Socialist Equality Party — (313) 307-6708. 2016@socialistequality.com