By james art 
The American Civil Liberties Union of West Virginia has filed a lawsuit against a candidate who was not on the ballot for part of early voting in Mingo County. The agency has submitted a order for order Tuesday in Mingo County Circuit Court.
The lawsuit on behalf of Mingo County resident James Williamson against Mingo County Clerk Larry Croaf and the clerk’s office seeks to compel them to “conduct the election of a candidate for West Virginia’s 6th Senate District in accordance with their clear and established legal obligation . “
Jeff DiSibio, the Democratic candidate for the Sixth District state Senate race, was remained off the county ballot from Wednesday, October 23, when early voting began, to Monday, October 28, when the error was corrected. Instead, the ballot included Randy Fowler, who won the Democratic primary but was disqualified from running in the general election for failing to file campaign finance reports. During that time, about 700 people voted with wrong ballots.
Croaf told West Virginia Watch that early voters can cast a conditional ballot if the error affected how they voted, but the secretary of state’s office said there is no legal process for the board of campaign to counted advance ballots for voters who voted in person early. Under those circumstances, provisional ballots cannot be counted if the early voting ballot has not been challenged, Donald Kersey, the secretary of state’s chief of staff, told West Virginia Watch.
Kersey said the secretary of state’s office said it was investigation into the ballot error.
In a written statement Tuesday, ACLU-WV staff attorney Nick Ward said the mess is not a partisan issue, but a matter of ballot integrity.
“Now more than ever we need to ensure that our elections are fair and that everyone’s vote counts, regardless of who they vote for or how likely that candidate is to win,” Ward said. “This right is fundamental to our democracy.
“The races have been decided by far fewer than 700 votes,” Ward said. “In a democracy, voters elect their leaders, not the other way around. Therefore, we are asking the court to order the Mingo County Clerk to do whatever is necessary to ensure that right and to make sure that every eligible West Virginian in their community can meaningfully exercise their right to vote.
Croaf did not immediately return a phone call seeking comment when the lawsuit was filed — about 5 p.m. on Election Day, Tuesday, Nov. 5.
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