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West Virginia judicial elections, 2016
| 2016 State Judicial Elections | |
|---|---|
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| Part 1: Overview | |
| Part 2: Supreme Courts | |
| Part 3: Partisanship | |
| Part 4: Changes in 2016 | |
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One seat on West Virginia's state-level courts was on the general election ballot on May 10, 2016. This seat on the Supreme Court of Appeals of West Virginia was held by Justice Brent Benjamin heading into the election. Justice Benjamin and three other candidates were defeated by attorney Beth Walker.
Each justice elected to the court serves a 12-year term. The balance of the court prior to the 2016 election was 3-2 in favor of Democratic justices. The 2016 race was the first West Virginia high court election to be decided by a nonpartisan process.[1]
Candidates
- Though West Virginia's state judicial elections were nonpartisan beginning in 2016, Ballotpedia shows candidates' known affiliations from prior elections or offices held to indicate how the ideological balance of the court could shift as a result of the election.
Supreme Court of Appeals
■ Brent Benjamin 
(Incumbent)
■ Wayne King 
■ Darrell V. McGraw, Jr.
■ Beth Walker 
■ William Wooton [2]
General election results
Attorney Beth Walker defeated incumbent Justice Brent Benjamin and three other candidates.
| West Virginia Supreme Court of Appeals, Justice Benjamin's Seat, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Beth Walker |
39.62% | 162,245 |
| Darrell V. McGraw, Jr. | 23.08% | 94,538 |
| William Wooton | 20.67% | 84,641 |
| Brent Benjamin Incumbent | 12.47% | 51,064 |
| Wayne King | 4.16% | 17,054 |
| Total Votes (100% Reporting) | 409,542 | |
| Source: West Virginia Secretary of State Official Results | ||
Race background
West Virginia's state supreme court elections were partisan through 2015, when a new law passed by the GOP-controlled state legislature and signed by Gov. Earl Ray Tomblin (D) made elections of all the state's judges nonpartisan, to occur on the date of the state's primary election for partisan offices.[3]
The debate around nonpartisan judicial elections was driven in part by events of the 2004 election, when former Massey Energy CEO Don Blankenship spent $3.5 million on efforts to attack then-candidate Warren McGraw, brother to 2016 candidate Darrell McGraw.[4][5] These efforts helped elect McGraw's opponent, afterward Justice Brent Benjamin, to the Supreme Court of Appeals of West Virginia while Blankenship's company had a case pending before the court.[6] Ultimately, the United States Supreme Court ruled that Benjamin must recuse himself from the case in Caperton v. Massey.[3]
The election was decided on May 10, 2016, with no primary and no runoff. Because there were five candidates, the winner could have been elected with a plurality of 21 percent rather than a majority of the vote.[7]
Public campaign finance
In 2010, the West Virginia State Legislature created a pilot program to test a public financing option for Supreme Court of Appeals candidates.[5] This program was made permanent in 2013.[8]
The program instituted qualifications under which candidates can receive up to $525,000 in public funds for the election. The Charleston Gazette-Mail reports for comparison that Benjamin raised about $800,000 in his 2004 campaign and Walker raised about $500,000 in 2008.[5]
Two 2016 candidates, William Wooton and incumbent Brent Benjamin, applied for and received public financing under the law. Candidate Beth Walker challenged their receipt of the funds, claiming that they missed filing deadlines that should preclude financing.[9] The case was ultimately heard by the Supreme Court of Appeals with replacement justices, after all five sitting justices recused themselves.[10] The substitute justices decided in favor of Wooton and Benjamin and against Walker.[11] Benjamin accepted $483,500 from the state's Public Campaign Finance Fund.[12] Bill Wooton accepted $475,000.[12]
Selection
- See also: Judicial selection in West Virginia
Judges in West Virginia compete in nonpartisan elections in even-numbered years. No primary is held. The general election of judges takes place on the same day as the primary for partisan offices.[13]
State profile
| Demographic data for West Virginia | ||
|---|---|---|
| West Virginia | U.S. | |
| Total population: | 1,841,053 | 316,515,021 |
| Land area (sq mi): | 24,038 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 93.6% | 73.6% |
| Black/African American: | 3.3% | 12.6% |
| Asian: | 0.7% | 5.1% |
| Native American: | 0.2% | 0.8% |
| Pacific Islander: | 0% | 0.2% |
| Two or more: | 2% | 3% |
| Hispanic/Latino: | 1.4% | 17.1% |
| Education | ||
| High school graduation rate: | 85% | 86.7% |
| College graduation rate: | 19.2% | 29.8% |
| Income | ||
| Median household income: | $41,751 | $53,889 |
| Persons below poverty level: | 22.2% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in West Virginia. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
West Virginia voted Republican in all seven presidential elections between 2000 and 2024.
More West Virginia coverage on Ballotpedia
- Elections in West Virginia
- United States congressional delegations from West Virginia
- Public policy in West Virginia
- Endorsers in West Virginia
- West Virginia fact checks
- More...
Recent news
The link below is to the most recent stories in a Google news search for the terms 'West Virginia supreme court' OR 'West Virginia court election' OR 'West Virginia elections 2016'. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ The Herald-Dispatch, "Get involved in nonpartisan judicial elections," March 28, 2016
- ↑ West Virginia Secretary of State, "Elections," accessed February 3, 2016
- ↑ 3.0 3.1 William & Mary Law School, State of Elections, "West Virginia Moves to Nonpartisan Judicial Elections in 2016," November 2, 2015
- ↑ The Herald-Dispatch, "Editorial: Get involved in nonpartisan judicial elections," March 28, 2016
- ↑ 5.0 5.1 5.2 Cite error: Invalid
<ref>tag; no text was provided for refs namedMeeting - ↑ Associated Press, The Big Story, "Friends turn foes for justice's re-election in West Virginia," April 28, 2016
- ↑ Metro News, "Chamber president still likes non-partisan judicial elections," April 21, 2016
- ↑ West Virginia Code, "Chapter 3, Article 12," accessed April 29, 2016
- ↑ MetroNews, "Quick decision: Benjamin, Wooten to get public financing money," March 23, 2016
- ↑ West Virginia Public Broadcasting, "State Supreme Court Rules Benjamin, Wooton Allowed Public Campaign Financing," March 23, 2016
- ↑ Charleston Gazette-Mail, "WV Supreme Court sides with Benjamin, Wooton on public campaign financing," March 23, 2016
- ↑ 12.0 12.1 West Virginia Public Broadcasting, "Two W.Va. Supreme Court Candidates Use Public Fundraising," April 5, 2016
- ↑ The State Journal, "Nonpartisan election of judges becomes law in WV," July 8, 2015
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Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Northern District of West Virginia, Southern District of West Virginia • U.S. Bankruptcy Court: Northern District of West Virginia, Southern District of West Virginia
State courts:
Supreme Court of Appeals of West Virginia • West Virginia Intermediate Court of Appeals • West Virginia Circuit Courts • West Virginia Family Courts • West Virginia Magistrate Courts • West Virginia Municipal Courts
State resources:
Courts in West Virginia • West Virginia judicial elections • Judicial selection in West Virginia
