STATE EX REL. BIAFORE v. TOMBLIN

No. 16-0013.

782 S.E.2d 223 (2016)

STATE of West Virginia ex rel. Belinda BIAFORE, Chair of the West Virginia State Democratic Committee; and Stephen Davis, Linda Klopp, David Thompson, Linda Phillips, Stephen Evans, and Patricia Blevins, Members of the West Virginia Democratic Executive Committee for the Ninth Senatorial District, Petitioners, v. Earl Ray TOMBLIN, Governor of the State of West Virginia; and Beverly R. Lund, Justin M. Arvon, Sue "Naomi" Cline, Tony Paynter, John Doe, and Jane Doe, Members of the West Virginia Republican Executive Committee for the Ninth Senatorial District, Respondents, and State of West Virginia, by its Attorney General Patrick Morrisey, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided January 22, 2016.


Attorney(s) appearing for the Case

Anthony J. Majestro, Esq. , Powell & Majestro, PLLC, Charleston, WV, for Petitioners, West Virginia Democratic Executive Committee for the Ninth Senatorial District.

Peter G. Markham, Esq. , General Counsel, Office of Governor Earl Ray Tomblin, Charleston, WV, for Respondent Governor Tomblin.

Vincent Trivelli, Esq. , The Law Office of Vincent Trivelli, PLLC, Morgantown, WV, Thomas Patrick Maroney, Esq. , Maroney, Williams, Weaver & Pancake PLLC, Charleston, WV, for Amicus Curiae, West Virginia State Building and Construction Trades Council, AFL-CIO and the Affiliated Construction Trades Foundation.

J. Mark Adkins, Esq. , Patrick C. Timony, Esq. , Bowles Rice LLP, Charleston, WV, for Beverly R. Lund, Justin M. Arvon, Sue "Naomi" Cline, and Tony Paynter.

Mark A. Carter, Esq. , Dinsmore & Shohl LLP, Charleston, WV, for Beverly R. Lund, Justin M. Arvon, Sue "Naomi" Cline, and Tony Paynter.

Patrick Morrisey, Esq. , Attorney General, Elbert Lin, Esq. , Solicitor General, J. Zak Ritchie, Esq. , Assistant Attorney General, Charleston, WV, for Intervenor State of West Virginia.

John M. Canfield, Esq. , Vice President & Counsel, for Amicus Curiae, West Virginia Chamber of Commerce, Charleston, WV, Jeffrey M. Wakefield, Esq. , Wesley P. Page, Esq. , Keith R. Hoover, Esq. , Flaherty Sensabaugh & Bonasso, for Amicus Curiae, William P. Cole, III, President of the West Virginia Senate.


On January 8, 2016, the petitioners, Belinda Biafore, Chair of the West Virginia State Democratic Executive Committee, and the members of the West Virginia Democratic Executive Committee for the Ninth Senatorial District (hereinafter "petitioners"), petitioned this Court, requesting the issuance of a writ of mandamus against the...

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