May 15, 2007 09:32 pm

Table game elections in 2 counties jeopardized

Hancock, Kanawha miss deadline to advertise vote

By Mannix Porterfield
Register-Herald Reporter

Kanawha and Hancock counties failed to satisfy a requirement to advertise a special election to decide table games at least 30 days before the balloting, the secretary of state’s office confirmed Tuesday.

Just where the elections stand is now up in the air.

“It’s basically up to the counties as to whether they go along with the elections or not,” said Ben Beakes, chief of staff.

“The issue ultimately will have to be settled by a court of law.”

Legislators this year approved — and Gov. Joe Manchin signed — a bill allowing the four dog- and horse-track counties to decide if they want casino-style gambling there. The other two counties are Jefferson and Ohio, which likewise plan June 9 elections.

Beakes said his office would get in touch with “all local officials and all the players regarding this issue.”

“We’ve been in contact with several folks already to make sure we have all the facts in front of us so counties can make this most important decision,” Beakes said.

“It is very clear that the table games bill mandates the county commission publish a legal notice and the last notice has to be published 30 days preceding the date of the election.”

That means with a June 9 election planned, the deadline was last Thursday, and both Kanawha and Hancock counties missed it, Beakes said.

“Secretary Ireland, as always, will bring everybody to the table to make sure everyone knows the facts, and she’s diligently working on that,” he added.

Lewisburg lawyer Barry Bruce has filed a lawsuit on behalf of the West Virginia Family Foundation seeking to block the June 9 elections on grounds the new law is unconstitutional. In a letter dated Tuesday and addressed to both the Kanawha County clerk and county commission, Bruce requested the county cancel the election because of the missed legal ad deadline.

“We believe case law is clear in the state ... that if the election is held it will be set aside,” Bruce wrote. If the event the election is not postponed, we will have to file a mandamus action requesting the Circuit Court of Kanawha County ... order the election canceled.”

Ironically, the clause mandating the legal notice was inserted in the controversial bill by an opponent, Delegate Kelli Sobonya, R-Cabell, who said Hancock and Kanawha counties face the prospects of having results thrown out if they’re challenged.

“If they want to pay for two elections, that’s their prerogative,” she said.

The delegate said it appeared counties overlooked the requirements of the law in their zeal to get more gambling revenues.

“You’ve got entities salivating over gambling revenue and basically not even looking at what the law has to say,” she said.

“Just throw it out there as quickly as possible. Haste makes waste. Whoever would think that the state’s racetracks with their resources and endless attorneys would not take time to read the law? Give me a break.”

In a split decision last week, the state Supreme Court refused to accelerate its consideration of the Family Foundation’s lawsuit. The court, however, suggested it would decide whether to block all four counties from holding June 9 elections.

— E-mail: mannix@register-herald.com