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West Virginia elections complaint gag law voided by judge
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June 28, 2012
Charleston, West Virginia: A law in West Virginia that prohibits citizens from disclosing an elections law complaint or investigation has now been deemed as an overly broad restriction of speech, as well as declared unconstitutional by a Kanawha Circuit judge.[1]
Judge Louis Bloom of the Kanawha Circuit ruled the law unconstitutional, saying that while the law may reflect several public policy goals such as promoting effective investigations, protecting the accused in complaints that are later cleared, in addition to preventing the use of these cases for one's political gain, there are still some negative aspects. Of this, Judge Bloom wrote, "while such goals may be legitimate, the statute's prohibition on speech goes well beyond what is needed or permissible."[2]
The gag provision law has been in place for more than 40 years, and punishes anyone who discloses an elections complaint, investigation, or a report with a misdemeanor. The punished can receive 1,000 to 5,000 dollars in fines, in addition to a jail term of six to twelve months.[2]
As a result of the law being ruled unconstitutional, Secretary of State Natalie Tennant will be confirming if an investigation is underway. As West Virginia's Chief Elections Officer, the Secretary of State fields all these complaints. Tennant will also be consulting with the state attorney general about appealing the ruling possibly, as the ruling did not address the protection of the identity of the people who may file complaints.[2]
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