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STATE EX REL. COOPER v. TENNANT

Nos. 11-1405, 11-1447, 11-1516, 11-1517, 11-1525.

730 S.E.2d 368 (2012)

STATE of West Virginia ex rel. Thornton COOPER, Petitioner v. Natalie E. TENNANT, Secretary of State of The State of West Virginia and Richard Thompson, Speaker of The West Virginia House of Delegates, Respondents State of West Virginia ex rel. Stephen Andes and Joseph Haynes, Individually And In official Capacities As Members of The County Commission of Putnam County, West Virginia; Brian Wood, Individually And In official Capacity As Putnam County Clerk; Bob Baird, Myles Epling and Rick Handley, Individually And In official Capacities As Members of The County Commission of Mason County, West Virginia; and Diana Cromley, Individually And In official Capacity As Mason County Clerk, Petitioners v. Natalie E. Tennant, Secretary of State of The State of West Virginia and Richard Thompson, Speaker of The West Virginia House of Delegates, Respondents State of West Virginia ex rel. County Commission of Monroe County, By and Through Its Members: Michael Shane Ashley, Clyde Gum, Jr., and William Miller, Petitioners v. Richard Thompson, Speaker of The West Virginia House of Delegates; and Natalie E. Tennant, Secretary of State of The State of West Virginia, Respondents State of West Virginia ex rel. Eldon A. Callen, Jim Boyce, Petra Wood, John Wood and Frank Deem, Petitioners v. Natalie E. Tennant, Secretary of State of The State of West Virginia, Respondent State of West Virginia ex rel. Thornton Cooper, Petitioner v. Natalie E. Tennant, Secretary of State of The State of West Virginia, Respondent.

Supreme Court of Appeals of West Virginia.

Decided February 13, 2012.

Dissenting Opinion of Justice Benjamin July 20, 2012.

Attorney(s) appearing for the Case

Thornton Cooper, Pro Se, South Charleston, WV.

Jennifer Scragg Karr , Winfield, WV, for Petitioners Andes et al.

Jeffrey A. Pritt , Pritt Law Firm Union, WV, for Petitioners Monroe County Commissioners.

Roger D. Forman , Daniel T. Lattanzi , The Law Office of Roger D. Forman, Charleston, WV, for Petitioners Callen et al.

Thomas W. Rodd , Assistant Attorney General, Charleston, WV, for Respondent Tennant.

Anthony J. Majestro , Powell & Majestro, Charleston, WV, for Respondent Thompson.

Robert M. Bastress, III , DiTrapano, Barrett & DiPiero, Charleston, WV, for Amici Curiae WV AFL-CIO and WV Citizens Group.

McHUGH, J.:

This matter is before this Court upon the filing of a petition for writ of mandamus by Thornton Cooper, No. 11-1405; petitions for writs of prohibition by Stephen Andes, et al., No. 11-1447 and by the Monroe County Commission, No. 11-1516; and petitions for writs of mandamus by Eldon Callen, et. al., No. 11-1517, and by Thornton Cooper, No. 11-1525. Petitioners Andes and Monroe County Commission challenge the constitutionality of House Bill 201 ("HB 201...

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