Mac Warner Of?ce of the Secretary of State Secretary of State Telephone: (304) 558-6000 State Capitol Charleston, West Virginia 25305 Toll Free: Fax: (304) 558-0900 State of West Virginia June 24, 2019 Chairman Melody Potter West Virginia Republican State Executive Committee P. O. Box 271 1 Charleston, WV 25330 Via US. Mail and email to mpotterwvgop@aol.com RE: Wood County Republican Executive Committee Dear Chairman Potter, The West Virginia Secretary of State?s Of?ce is in receipt of your letter dated June 18, 2019, and subsequent letters regarding various appointments to the Wood County Executive Committee. I am seeking clari?cation with regard to those appointments and the relied-upon authority in making such determinations. It is important to note that our Of?ce has no authority to make determinations or rule on the propriety of intra-party disputes, especially those arising under the party?s bylaws. Therefore, this request is solely to determine whether this Of?ce shall publically publish online the updated roster you submitted. Upon review of your letter to the Wood County Republican Executive Committee membership dated June 18, 2019, you indicate that you, as the State Party Chairperson of the West Virginia Republican State Executive Committee, rely upon the authority granted by your party?s bylaws to remove the Chair and appoint several new members of the Wood County Executive Committee. However, under the law, ?Vacancies in any executive committee shall be ?lled by the appropriate executive committee as provided in subsection of this section no later than sixty days after the vacancy occurs. The chair of each executive committee shall submit an updated committee list to the Secretary of State within ten days of a change occurring.? W. Va. Code 3- 1-9(g) (other provisions omitted) (emphasis added). Your letter references your party?s bylaws with regard to your broad discretion and authority to remove executive committee members and ?ll vacancies by appointment in certain circumstances. As a matter of prudence, our Of?ce recognizes that courts have generally held they will not interfere in intra-party disputes, but leave their settlement to methods used and adopted by the party. See, State ex rel. Goodwin v. County Court of Putnam County, 125 417, 147 62 (1962). However, in this unique instance, it is unclear what authority this Of?ce must rely upon to publically publish online the updated roster you submitted. Therefore, I respectfully request that you provide additional information regarding the roster you submitted for appointments made to the Wood County Republican Executive Committee. Speci?cally, according to W. Va. Code only the chair of the county executive committee has the authority to ?ll vacancies and submit updated rosters to our Of?ce for publication to the public. If you, as the Chairperson of the Republican State Executive Committee, relied on the authority in your bylaws to assume the role of Chair of the Wood County Republican Executive Committee, please indicate as much in writing to the undersigned and the updated roster submitted by you will be published. Otherwise, please provide the statutory authority you relied upon that allows our Of?ce to legally accept the updated roster you submitted. For purposes of timing under W. Va. Code 3-1-9, our Of?ce will consider all rosters and vacancy appointment forms timely ?led. However, we will wait for your written response as to our Of?ce?s legal duty to accept the updated roster and vacancy appointments. Sincerely, wad Donald. . ersey, General Counsel The Of?ce of the WV Secretary of State State Capitol, Bldg. 1, Ste. 157-K Charleston, WV 25304 Dkersex- In wvsosnov (304) 368-6344 (direct) (304) 558-6000 (main)