WV Election Commission votes to take Fouty off ballot - WOWK 13 Charleston, Huntington WV News, Weather, Sports

WV Election Commission votes to take Fouty off ballot

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By Andrea Lannom - email
Carol Fouty Carol Fouty

Before the State Election Commission voted to take former Kanawha County Magistrate Carol Fouty off the ballot, some members took issue with her resignation reason of "health," saying it did not appear to be sufficient.

In the Aug. 15 meeting, some members said the Kanawha County Republican Executive Committee's, which focused on Fouty's settlement agreement, appeared to be the most "sufficient" reason.

The Judicial Hearing Board issued an order five days after reviewing the settlement agreement, which recommended the Kanawha County prosecutor to conduct an investigation into the way bail bonds were obtained and approved.

The board also recommended the state's highest court to publicly censure Fouty.  

Under the agreement, Fouty must pay $6,387.89 at a rate of $100 per month. Fouty also was required to resign from office.

Fouty, who is accused of dismissing tickets in exchange for favors, sent her resignation letter Aug. 2 citing ongoing health problems and a desire to spend time with her family as reasons for her resignation.

"From what I've looked at, the reason given by the executive committee is different than the reason Carol Fouty gave of health. They gave the reason that she entered an agreement to resign and not to run for a number of years," said SEC member Gary Collias.

Saying her reason didn't "make any sense," Collias said Fouty did not give any evidence to support her assertion of health reasons.

SEC Chairman Robert Rupp agreed saying the commission needs to send a message.

"I find her reason totally insufficient and lacking in any credibility," he said. "I think we should act while the commission replaces but also at the same time, say we're doing it because of legal reasons instead of giving any acknowledgement into the insufficient reason she presented."

Fouty's assistant, Kristen Vieweg was sworn in earlier this month to replace her but Vieweg said she will not be on the ballot in November.

The Kanawha County Republican Executive Committee will meet Aug 18 to pick a candidate to replace Fouty on the ballot.