2016 Elec tion Resu lts an d 2017 Legislative Session

January 27, 2017

Louis S. Southworth, Esquire 500 Lee Street East, Suite 1600, Charleston, WV 25301 Phone: 304. 340. 1231 • Fax: 304. 340. 1130 [email protected] • www.jacksonkelly.com 84 Years

. Democrats controlled the House from 1930-2014

. Democrats controlled the from 1932-2014

. Except for 20 years, Democrats control Governor’s Office from 1932- Present

. Board of Public Works Dominated by Democrats from 1932-Present

. Republicans were largely shut out of power until 2014 Elections Early Signs During the 2016 Primary Elections Notable Results from Primary

. Donald Trump wins every county on the Republican ticket

. Hillary Clinton loses every county to Bernie Sanders

. Mary Ann Claytor defeats Jason Pizatella in Democratic Primary for Auditor

. First non-partisan Supreme Court race Five Candidates for One Seat

. Brent Benjamin – Incumbent Justice, elected as Republican in 2004

. Wayne King – Clay County Attorney

. Darrell McGraw – Former Democratic 20yr AG and 12yr Supreme Court Justice

. Beth Walker – Morgantown Attorney, ran as Republican in 2008

. Bill Wooten – Former Democratic state senator and Senate Judiciary Chairman Orion Strategies Poll

Feb 25 .Darrell McGraw – 25 .Brent Benjamin – 10 .Beth Walker – 4 .Bill Wooton – 4 .Wayne King – 2 .Undecided - 55 2016 Supreme Court Election

45.00%

40.00%

35.00%

30.00% Walker 25.00% McGraw Wooten 20.00% Benjamin 15.00% King

10.00%

5.00%

0.00% Walker McGraw Wooten Benjamin King 2016 Supreme Court Election

55.00%

50.00%

45.00%

Walker//jBenjamin McGraw/Wooten/King 40.00%

35.00%

30.00% Walker/Benjamin McGraw/Wooten/King The 2016 General Election:

The Donald Trump Effect or “Remember in November”? Trump v Clinton 2016 Congressional District 1 2016 Congressional District 2 2016 Congressional District 3 2016 v 2012 Gubernatorial Candidates 2016 Treasurer 2016 Attorney General 2016 Secretary of State 2016 Agriculture Commissioner 2016 Auditor 2016 Governor Why Did Win?

1. Better campaign? 2. Better candidate? 3. Floo d e ffort s? 4. Elimination of straight ticket voting? 5. Some combination of the above?

21 w w w . j a c k s o n k e l l y . c o m 2016 House of Delegates

22 w w w . j a c k s o n k e l l y . c o m House District PVIs (Pre-Election)

64 Republican Seats on Ballot 36 Democratic Seats on Ballot

.22 Safe Republican .7 Safe Democrat .12 Likely Republican .8 Likely Democrat .10 Lean Republican .7 Lean Democrat .11 Toss-Up .8 Toss-Up .6 Lean Democrat .3 Lean Republican .3 Likely Democrat .2 Likely Republican .1 Safe Republican House District PVIs (Actual Results)

64 Republican Seats on Ballot 36 Democratic Seats on Ballot

.22 Safe Republican .7 Safe Democrat *1 GOP .12 Likely Republican .8 Likely Democrat *1 GOP .10 Lean Republican *2 DEM .7 Lean Democrat *1 GOP .11 Toss-Up *3 DEM .8 Toss-Up *2 GOP .6L6 Lean Democra t *2 DEM .3L3 Lean Repu blican *1 GOP .3 Likely Democrat *1 DEM .2 Likely Republican .1 Safe Republican *1 GOP House of Delegates

• Three Majjgor Changes – Tim Manchin – Lost – NaacyGutency Guthrie – Lost – Steve Skinner – Ran for Senate and lost. 2016 WV House Elections 2016 West Virginia Senate Senate District PVIs (Pre-Election)

8 Republican Seats on Ballot 10 Democratic Seats on Ballot

.3 Safe Republican .1 Safe Democrat .3 Likely Republican .0 Likely Democrat .0 Lean Republican .5 Lean Democrat .2 Toss-Up .0 Toss-Up .2 Lean Republican .2 Likely Republican Senate District PVIs (Actual Results)

8 Republican Seats on Ballot 10 Democratic Seats on Ballot

.3 Safe Republican .1 Safe Democrat .3 Likely Republican .0 Likely Democrat .0 Lean Republican .5 Lean Democrat *1 GOP .2 Toss-Up *1 Dem .0 Toss-Up .2 Lean Republican *2 GOP .2 Likely Republican *2 GOP

2016 WV Senate Elections 2016 Election Results West Virginia Legislature Senate House of Delegates

Democrats – 12 Democrats – 37

Republicans – 22 Republicans – 63

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Highways

• Governor Jim Justice proposed $1. 4 billion bond issuance. • “Some way, some how” we need to find $225 million per year to finance the bonds.

43 w w w . j a c k s o n k e l l y . c o m Obstacles to the Budget and Highways

House of Delegates 67 Republicans – 63 Republicans -20+ /- no new tax pledge – 37 Democrats 47 Republicans 37 Democrats

44 w w w . j a c k s o n k e l l y . c o m Other Possible Legislation

• Paycheck Protection: This bill would make it illegal to directly deduct ppyolitically related items from a union workers check. • Medical Monitoring: This bill would require an actual injury to receive medical monitoring damages and would set up a fund dedicated to medical monitoring victims. • Intermediate Court of Appeal: This bill would create a separate intermediate court of appeals, with elected non-partisan judges. • Payment Bond: This bill would eliminate the requirement of a payment bond on state construction projects. • Consumer Credit Protection: This bill would perhaps eliminate or significantly alter the fee shifting provision of the Consumer Credit Protection statute. • Phantom Damages: This bill would limit damages in a personal injury action to the amounts actually paid to the health care provider.

45 w w w . j a c k s o n k e l l y . c o m QUESTIONS?

46 w w w . j a c k s o n k e l l y . c o m