CHARLESTON, WV (WOWK) — West Virginia 19th District House Delegate Derrick Evans resigned January 9 leaving the Wayne County Republican Committee to present a list of replacement candidates to Governor Jim Justice.

But now with an alleged illegal second list of candidates, a lawsuit has been filed.

On Monday, Wayne County Republican Executive Committee Chairman, Jeff Maynard, filed a lawsuit to the West Virginia Supreme Court against Governor Jim Justice for filling the vacant 19th Districts House of Delegates seat.

“We allege that the law says the governor has a non-discretionary duty to choose between the three qualified candidates that were presented in the first list,” said attorney, John Bryan.

Maynard says the Wayne County Republican Committee submitted a list of candidates for the empty seat on January 14. The Governor then had five days to chose from that list.

“And that was what the governor was mandated to do, that he didn’t do,” said Bryan.

Then on January 21st, a new list of candidates was allegedly submitted by the state’s Republican executive committee. That list consisted of two of the members from the original list, and one new one.

And a candidate has yet to be chosen.

“I would speculate that the intention is whether that is the governors or the state republican party, to pick the new person on the second list,” said Bryan.

People I spoke with in the Wayne County Republican party say that if the person appointed by the Governor is not one of the original three names, a class action lawsuit may be filed.

“Some people might wonder why is this important, why should I care. You know, do you want your community making the decision about who should replace that person,” said Bryan.

This lawsuit was filed requesting an expedited review by the West Virginia Supreme Court, but right now there is no date set for a hearing.