As a registered Democrat, Erik Wells was ineligible to petition to get on the November general election ballot, the state Supreme Court said in an opinion issued Thursday, concluding that the petition process is available only to persons who have no party affiliation.
"Simply put, the petitioner is a registered Democrat, and any attempt to otherwise identify himself or 'disaffiliate' with the Democratic Party can only be accomplished by changing his registration; to permit otherwise would perpetrate a fraud on the public," Justice Margaret Workman wrote in the majority opinion.
She added: "If "skipping" from party to party to take advantage of a political opportunity puts the state's election interests at risk, it's fairly inarguable that allowing a candidate to masquerade as something he is not makes an utter mockery of these interests."
Workman was referring to a state election law that requires an individual to be registered as a member of a political party for at least 60 days prior to filing to run in that party's primary election.
The high court on Monday issued an order declaring Wells ineligible to appear on the general election ballot for Kanawha County clerk, a ruling that sets precedent for disqualifying at least eight other candidates running as independents in county elections around the state who also are registered with major political parties.
The accompanying opinion concludes that if Wells were permitted to bypass the party primary and use the petition process to appear on the general election ballot as an independent, there ostensibly would be voters who would recognize him to be a Democrat.
"To suggest this would create voter confusion is putting it mildly," Workman wrote.
The opinion dismisses arguments raised by Wells' attorney that barring him from the ballot would violate his constitutional rights and the rights of more than 900 Kanawha County voters who signed petitions to put him on the ballot.
Wells, who is married to Secretary of State Natalie Tennant, was not being kept off the ballot because of any "arbitrary or capricious" action, the option states, since he was not denied the opportunity to seek ballot access through the traditional primary election process.
Wells had testified in Kanawha Circuit Court that he had not planned to run for county clerk until he read news reports in May and June about issues with the clerk's office inaccurately redrawing precinct boundaries, resulting in many voters voting in the wrong delegate or senatorial districts in the May primary.
His decision to run came after the May primary and after the deadline for county Democratic Executive Committee to fill the ballot vacancy for county clerk, but prior to the Aug. 1 deadline to petition to appear on the ballot as an independent.
Contacted Thursday, Wells said he was disappointed by the tone of the opinion.
"While I respect the Supreme Court's opinion, I was a bit surprised that the tone in which it was written certainly wasn't up to the high standards of professionalism that I expect from our Supreme Court," Wells said. "The court could have rendered its opinion minus the snide comments."
Wells said the ruling raises other issues.
"If the court believes that I would be deceiving voters, then the same must be said of Beth Walker, who deceived voters by running as a nonpartisan when she was and still is a registered Republican," he said, referring to the Supreme Court Justice-elect.
Justice Robin Davis dissented and reserves the right to issue a dissenting opinion.
Reach Phil Kabler at philk@wvgazettemail.com, 304-348-1220, or follow @PhilKabler on Twitter.