Court order directs new poll worker be appointed in Bramwell

Jun. 13—BRAMWELL — After a Mercer County Circuit Court order was issued on Friday, a new poll worker has been selected for Tuesday's municipal election in Bramwell and Bramwell Mayor Lou Stoker has agreed not to "interfere with the municipal election."

The final order in the case was released by Circuit Court Judge Mark Wills after several petitioners had on June 1 filed a petition to remove a poll clerk that was appointed, they said, in "direct violation of West Virginia Code."

According to the petition, at a special meeting on May 27 the governing body of Bramwell appointed two registered Democrats as poll clerks, one of whom is not a resident of Bramwell.

Poll clerks must represent at least two political parties, even in non-partisan elections.

"Respondents had the option of appointing any number of trained persons who are registered Republicans, at least one of whom is a resident of Bramwell," the petition said.

In the petition, Stoker allegedly "prevented nomination, discussion and appointment by the governing body of additional available alternatives" and stated on May 27 and subsequently that "if the (Town) Recorder allowed any trained poll workers not appointed by the governing board on May 27 to work early voting, the Recorder would thereby 'kill the election,' and Respondent Stoker would prevent the election from going forward due to the Recorder's actions. This serious threat must be enjoined."

The petition said that the governing body does appoint poll workers, but when poll workers have been notified and declined to work certain days, and all previously appointed alternates have been assigned and declined to serve, the Town Recorder has the "authority and responsibility to fill all vacancies."

"For the election to be fair to all candidates and voters, the elected Town Recorder must be permitted to fulfill the duties of her elected position without Respondent Stoker threatening to, in her own words, stop the election from going forward and accuse the Recorder of 'killing the election,'" the petition alleged.

Petitioners Jeremy Grant Bennett, Lothlorien Lavon Ellis, Dennis Charles Marcello, Jacqueline Elliott Shahan and Jessica Dawn Rush "on behalf of themselves and representatives of similarly situated individuals" sought a "preliminary and permanent injunction preventing Respondent Stoker from shutting down the municipal election because of the Recorder appointing a qualified and trained person to fill any vacancy pursuant to the Town Election Ordinance and West Virginia Code."

Wills granted an amended temporary order for the declaratory judgment and injunctive relief, overturning the appointment of a poll clerk and directing the Town Recorder to appoint a Republican from available trained poll workers pursuant to state Code.

The order also directed Stoker not to interfere with the municipal election.

Wills also set a "show cause hearing" for June 9 on why the order should not be awarded on a permanent basis.

At that hearing, according to the final order, the parties informed the court they had reached an agreement to overturn the appointment of the previous poll clerk and appoint a new one, a Republican and resident of Bramwell.

They also agreed in the final order that Stoker would not interfere with the municipal election.

Jay Barringer, the town's attorney, said it was an issue that could have been resolved before a petition was filed, and would have been if all of the details had been disclosed and discussed beforehand.

Barringer, who has been the town's attorney since 1979, said this is the first time such a problem surfaced and it was a matter of everyone being fully aware of procedures and a possible lack of communication.

"I think the mayor was unaware of all of the procedures," he said Monday. "I don't think there was any deliberate intent on her part to interfere with the election."

Bramwell's municipal election is set for Tuesday, June 13, with polls opening at 6:30 p.m. and closing at 7:30 p.m.

Stoker is running for reelection and is being challenged by Grant Bennett; the town recorder post is being contested by Jessica Rush and Elizabeth L. Brown Tillery; and Susan Lance Troutner, Mandy Fink, Jackie Shahan, John Petrulis, Rufus Morgan, Dennis Marcello, Kelly Goins and Kelly Murphy Eller are running for five seats on the town council.

— Contact Charles Boothe at cboothe@bdtonline.com

Contact Charles Boothe at cboothe@bdtonline.com