Case 2:20-cv-00570 Document 1 Filed 08/28/20 Page 1 of 8 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

KANYE WEST;

Plaintiff,
v. CIVIL ACTION NO. 2:20-570

MAC WARNER, in his Official Capacity as

Secretary of State of West Virginia;

Defendant.

VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Plaintiff, Kanye West, in his capacity as an independent candidate for President of

the United States, by counsel, files this Complaint against Defendant Mac Warner, in his Official

Capacity as Secretary of State of West Virginia, and respectfully states as follows:

Parties

1. Plaintiff, Kanye West, is a resident of Cody, Wyoming.

2. Defendant, Mac Warner, in his Official Capacity as the West Virginia

Secretary of State, and the chief elections official, has ultimate authority over the enforcement of

the West Virginia Election Code, including the provisions challenged herein. Mr. Warner’s

official address is Office of the Secretary of State, State Capitol Building, Charleston, West

Virginia 25305.

Jurisdiction and Venue

3. Venue is proper in this Court because the Defendant is a state official who

maintains offices throughout the State of West Virginia.

 Case 2:20-cv-00570 Document 1 Filed 08/28/20 Page 2 of 8 PageID #: 2

4. This Court has personal jurisdiction over the Defendant because he is a

public official of the State of West Virginia. Thus, this Court is a proper venue for this civil action

under 28 U.S.C. § 1391.

5. This Court has subject matter jurisdiction over this case pursuant to 28

U.S.C. § 1331 because Plaintiff’s claims arise under the First and Fourteenth Amendments of the

United States Constitution and 42 U.S.C. § 1983.

6. Declaratory and injunctive relief is authorized by 28 U.S.C. §§ 2201 and

2202, and Rule 65 of the Federal Rules of Civil Procedure.

7. In cases where parties are seeking immediate declaratory and injunctive

relief, W.Va. Code § 55-17-3 exempts the requirement to provide thirty days pre-suit notice of an

action against a government agency when irreparable harm would otherwise occur. See State ex

rel. McDavid v. Tenant, 2014 WL 4922641, Fn. 11 (2014). In the case at hand, application of the

30-day pre-suit notice requirement would do irreparable harm, as it would delay adjudication of

this action until after the 2020 General Election ballots were already printed and many absentee

ballots were already mailed to registered voters.

Factual Allegations

8. Mr. West, who is running for President of the United States as an

independent candidate not affiliated with any major party, filed his West Virginia Statement of

Candidacy for the 2020 General Election on August 3, 2020.

9. Pursuant to West Virginia election law, for a candidate unaffiliated with a

major recognized party in West Virginia to have his/her name placed on a General Election ballot,

he or she must be nominated to the General Election ballot through the certificate nomination

process set forth in W.Va. Code §§ 3-5-23 and 3-5-24.

2
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10. First, pursuant to W. Va. Code § 3-5-23(b), independent candidates and

their campaigns must solicit signatures from duly qualified voters in order to qualify for the general

election ballot.

11. Second, independent candidates must solicit a certain number of signatures

from registered voters in the state.

12. Pursuant to W.Va. Code § 3-5-23(c), the amount of signatures Plaintiff

needs to gain access to the General Election ballot must be equal to not less than 1% of the entire

vote cast in the last preceding general election for President of the United States, which in this case

is 7,144 signatures.1

13. Signature petition pages are provided to each county clerk to confirm the

voters are (1) registered to vote in the county, and (2) the petition signatures match each voter’s

signature on file.

14. The nomination certificate must “be personally signed” by the voter “in

their own proper handwriting.” In other words, it must be an original “wet” signature from the

prospective voter to be proper under the statute.

15. Finally, pursuant to W.Va. Code § 3-5-24(a), in order to qualify for the

General Election ballot in West Virginia, Plaintiff was required to submit all 7,144 nominating

certificates to the West Virginia Secretary of State’s Office by August 3, 2020.2

1
See West Virginia Secretary of State’s 2020 Election Petition Signature Requirements, available at
https://sos.wv.gov/FormSearch/Elections/Informational/Signatures%20Chart.pdf.
2
Because the statutorily imposed deadline of August 1 occurred on a Saturday this year, the deadline for
submission of nominating certificates defaulted to Monday, August 3 in accordance with W.Va. Code § 2-2-1(f).

3
 Case 2:20-cv-00570 Document 1 Filed 08/28/20 Page 4 of 8 PageID #: 4

16. To the extent practicable, Plaintiff has complied with all of the steps

necessary to be placed on the General Election ballot pursuant to W.Va. Code §§ 3-5-23 and 3-5-

24.

17. Plaintiff’s campaign obtained the credentials necessary to collect signatures

in the various counties, as required by W.Va. Code § 3-5-23(b), and Plaintiff’s designees solicited

signatures from duly registered voters in the following counties: Boone, Cabell, Clay, Fayette,

Hancock, Jackson, Jefferson, Kanawha, Lincoln, Logan, Marion, Marshall, Mason, Mingo,

Mercer, Monongalia, Nicholas, Ohio, Pleasants, Putnam, Raleigh, Roane and Wayne.

18. Plaintiff’s campaign conducted its signature gathering process in the midst

of Governor Jim Justice’s ongoing “Safer at Home” Order, which strongly encourages West

Virginians to leave their home “only for essential activities,” limits social gatherings to no more

than 25 people, and strongly encourages social distancing of six feet or more.3

19. While Governor Justice and Defendant West Virginia Secretary of State

made accommodations for those participating in the 2020 Primary Election, such as moving the

primary election date and providing absentee ballot forms for all registered voters, no such

accommodations have been made for individuals with no party affiliation wishing to avail

themselves of the ballot access process provided for by W.Va. Code § 3-5-23.

20. West Virginia’s ballot access provisions remain unaltered despite

Defendant West Virginia Secretary of State’s recommendation for a 50% reduction in signatures

required for all non-major party candidates seeking ballot access pursuant to W.Va. Code § 3-5-

23. See Memorandum from WV Secretary of State’s General Counsel to Governor’s Office Legal

Division, attached hereto as Exhibit A.

3
See Safer at Home Order, available at https://governor.wv.gov/Pages/Safer-at-Home.aspx.

4
 Case 2:20-cv-00570 Document 1 Filed 08/28/20 Page 5 of 8 PageID #: 5

21. In total, Plaintiff submitted more than 14,000 signatures, or nomination

certificates, to the West Virginia Secretary of State on August 3, 2020, along with his

corresponding Certificate of Announcement and filing fee. See W.Va. Code §§ 3-5-7 and 3-5-8.

22. Following the Plaintiff’s submission of the requisite nominating

certificates, signature petition pages are provided by Defendant West Virginia Secretary of State

to each county clerk to confirm that the voters are duly registered to vote in the particular county

and that the petition signatures match each voter’s signature on file with the County Clerk’s Office.

23. Nearly three weeks following the submission of his nomination certificates,

Plaintiff was notified by Defendant West Virginia Secretary of State that more than 7,000 of his

petition signatures had been invalidated by the various County Clerks, leaving him with a total of

6,383 valid petition signatures – 761 signatures shy of the 7,144 signature requirement to gain

access to the ballot.

24. Upon information and belief, Defendant West Virginia Secretary of State

provided notice shortly thereafter to all 55 County Clerks of the names duly qualified for the 2020

General Election ballot. Plaintiff’s name was not included amongst those duly qualified for the

ballot.

25. Pursuant to W.Va. Code § 3-6-2(d)(2), the statutorily required drawing for

order of names appearing on the General Election ballot took place on August 25, 2020.

26. As of the filing of this Complaint, Plaintiff has had no opportunity to

challenge the invalidation of the submitted nomination certificates, or in any other way cure

possible errors in order to qualify for the General Election ballot.

27. West Virginia Code § 3-5-23 does not provide any procedural safeguards

that would permit a third-party candidate to challenge the various county clerks’ counting and

5
 Case 2:20-cv-00570 Document 1 Filed 08/28/20 Page 6 of 8 PageID #: 6

assessment of the validity of signatures in a third-party certificate nomination, nor does it provide

any procedural safeguard to challenge the Secretary of State’s refusal to certify a third-party

certificate nomination to be placed on West Virginia’s General Election ballot based upon the non-

counting of purportedly mismatching voter signatures.

28. Plaintiff’s challenge to these designations has followed suit.

Count One – Violation of 42 U.S.C. § 1983

(Violation of freedom of speech and association, equal protection, and due process rights as
guaranteed by the First and Fourteenth Amendments, as enforced by 42 U.S.C. § 1983)

29. Plaintiff hereby realleges and incorporates by reference each allegation

made in Paragraphs 1-28 in this Complaint.

30. West Virginia’s ballot access law, and Defendant West Virginia Secretary

of State’s application of that law, infringes upon the Plaintiff’s right to associate for the

advancement of his political beliefs and the rights of qualified voters, regardless of their political

persuasion, to cast their votes effectively. In fact, “[n]o right is more precious in a free country

than that of having a voice in the election of those who make the laws under which … we must

live.” Williams v. Rhodes, 393 U.S. 23, 31, 89 S.Ct. 5, 21 L.Ed.2d 24 (1968) (quoting Wesberry

v. Sanders, 376 U.S. 1, 17, 84 S.Ct. 526, 11 L.Ed.2d 481 (1964)).

31. Plaintiff was deprived of any chance to be heard or appeal the decision made

by the West Virginia Secretary of State and any ability to cure any alleged defects in Plaintiff’s

certificate nomination paperwork prior to the statutorily required drawing for order of names

appearing on the 2020 General Election ballot.

32. West Virginia does not have any legislative rules governing the certificate

nomination process, nor is there any opportunity for Plaintiff or other similarly situated candidates

6
 Case 2:20-cv-00570 Document 1 Filed 08/28/20 Page 7 of 8 PageID #: 7

to challenge the invalidation of any petition signatures or otherwise cure once the statutory

deadline for submission has passed.

33. As such, Plaintiff faces imminent deprivation of his liberty interest without

any adequate notice from the West Virginia Secretary of State due to the lack of any procedural

safeguards whatsoever surrounding West Virginia Code § 3-5-23’s signature-matching

requirement.

34. Defendant, acting under the color of law and in his official capacity as the

Secretary of State of West Virginia, violated Plaintiff’s rights as secured by the Constitution and

the laws of the United States when his actions effectively prohibited Plaintiff from any opportunity

to cure defects with his submission of double the statutory amount of nomination certificates

necessary to obtain access to the 2020 General Election ballot.

35. Defendant’s actions violated Plaintiff’s Fourteenth Amendment rights to

procedural due process and equal protection under the law.

36. Further, Defendant’s actions violated Plaintiff’s First Amendment freedom

of association rights.

37. The actions taken against Plaintiff are in violation of his rights as protected

by both the First and Fourteenth Amendments to the United States Constitution.

38. As a proximate and legal result of the conduct of Defendant, Plaintiff is

deprived of his constitutional rights to freedom of speech and association, equal protection, and

due process rights as guaranteed by the First and Fourteenth Amendments, and enforced by 42

U.S.C. § 1983.

39. Plaintiff is immediately injured by these unconstitutional acts. Absent an

emergency briefing schedule, emergency hearing and preliminary injunctive relief, Plaintiff will

7
 Case 2:20-cv-00570 Document 1 Filed 08/28/20 Page 8 of 8 PageID #: 8

continue to incur irreparable injury because his name will not appear on the November 3, 2020

General Election ballot, and qualified voters will be deprived of their fundamental rights to cast

their votes effectively.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a

judgment in his favor and against Defendant and grant the following emergency relief:

A. Enter an emergency briefing schedule and set an emergency hearing date

on Plaintiff’s Motion for Preliminary Injunction;

B. Enter declaratory judgment holding that W.Va. Code §§ 3-5-23 AND 3-5-

24 are unconstitutional as applied to Plaintiff;

C. Issue a preliminary injunction enjoining Defendant West Virginia Secretary

of State from enforcement of W.Va. Code § 3-5-23 as applied to Plaintiff

and requiring placement of Mr. West and his running mate Ms. Michelle

Tidball on the 2020 General Election Presidential ballot in West Virginia as

independent candidates for President and Vice President, respectively;

D. Award attorneys' fees pursuant to 42 U.S.C. § 1988; and

E. Award such other relief as the Court deems just and proper.

Respectfully submitted,

/s/ J. Mark Adkins

J. Mark Adkins (WVSB # 7414)
Richard R. Heath, Jr. (WVSB # 9067)
Joshua A. Lanham (WVSB # 13218)
Unaiza R. Tyree (WVSB #13253)
BOWLES RICE LLP
600 Quarrier Street (25301)
Charleston, West Virginia 25325-1386
Telephone: (304) 347-1100
Facsimile: (304) 347-1756
Email: [email protected]
Attorneys for Plaintiff, Kanye West

12135099.1
 Case 2:20-cv-00570 Document 1-1 Filed 08/28/20 Page 1 of 6 PageID #: 9

MEMORANDUM

To: Governor's Office Legal Division

From: Donald Kersey, General Counsel, WVSOS
RE: West Virginia Ballot Access Requirements

Introduction:

Candidates unaffiliated with a major recognized political party in West Virginia must follow the
signature-gathering petition process set forth in W. Va. Code § 3-5-23 et seq. to be placed on a
General Election ballot. With COV1D-19 posing a threat to the public health, the in-person
signature-gathering process places the general public's health at risk and creates a larger than
typical burden on these candidates to satisfy the law under the circumstances.

Many states have relaxed similar signature-gathering processes, whether by executive action or
court order. Consistent with the Governor's emergency authority set forth in W.Va. Code § 15-5-
6(c)(7), relaxing the aforementioned regulatory statute may be in the best interest of the State for
the 2020 General Election because strict compliance therewith will prevent, hinder or delay
necessary action in coping with the emergency.

Reco mendation:

50% reduction in signatures required for all non-major party candidates seeking ballot access under
the signature-gathering process set forth in W. Va. Code § 3-5-23. However,if upon review ofthe
current West Virginia COV1D-19 data your office deems the reduction unnecessary, our Office
stands ready to communicate the decision and reasoning to inquiring candidates.

Statutory Requirements Summary:

For a candidate unaffiliated with a major recognized party in West Virginias to have his/her name
placed on a General Election ballot, W. Va. Code §§ 3-5-23 and 3-5-24 require the following
chronological steps:

1. Obtain permission ("official credentials") from the county clerk(s)to gather signatures in
each county where the candidate seeks ballot access (for statewide candidates, all 55
counties must issue official credentials to the candidates).
2. The candidate or designee solicits signatures from registered voters in each jurisdiction.
3. The person soliciting signatures must "exhibit" the official credentials to each voter
solicited.
4. The voter solicited must "be personally signed" by the voter "in their own proper
handwriting."
5. The total amount of signatures required for ballot access is equal to 1% of the total votes
cast for the office sought in the previous election.

For the 2020 election cycle, the recognized major parties are Democratic, Libertarian, Mountain and Republican.

EXHIBIT
A
 Case 2:20-cv-00570 Document 1-1 Filed 08/28/20 Page 2 of 6 PageID #: 10

6. Signature petition pages are provided to each county clerk to confirm the voters are (1)
registered to vote in the county,and(2)the petition signatures match each voters' signature
on file.
7. Upon confirming signatures are valid and the candidate satisfied the threshold signature
amount requirement, each county moves forward with certifying the candidate's name for
placement on the General Election ballot.

Discussion:

Considering the risks to in-person interaction between candidates and the general public, the
signature-gathering process presents a health risk to solicited voters. This process requires
candidates and campaign workers/volunteers to solicit signatures door-to-door,at meetings/drives,
and in public places.

During the COVID-19 pandemic,some candidates have chosen to "exhibit" the official credentials
electronically, which requires the voters to print, sign "in their own proper handwriting," and to
mail the signed signature petition back to the candidate. The term "exhibit" is undefined by this
law, so our Office has blessed this electronic process for the purpose of distributing the official
credentials to voters, who must print, sign, and mail or email the signed petitions back to the
candidate.

Based on a survey of other states' responses to similar signature-gathering procedures amid the
pandemic, several courts have held the fundamental right to ballot access and public safety
outweigh current statutory signature requirements. There is a clear majority consensus among the
various courts to relax or remove the signature-gathering process due to the risk to the public health
for the 2020 election cycle.

Though few relevant cases have been adjudicated, the Sixth Circuit Court of Appeals is closely
related to the current question in West Virginia. In Esshaki v. Whitmner2,the court found, in part,
that a 50% reduction in the minimum number of signatures required for ballot access was
warranted because (1) the candidate would suffer irreparable hair to his Pt Amendment free
speech and free association rights, and (2) the probability of harm to other and public interest
weighed in favor ofa preliminary injunction which reduces the signature threshold.

Grounds for Executive Order

The Attorney General's Office issued recent guidance regarding the Governor's broad authority
to relax regulatory statutes during times of emergency.3 Specifically, referring to the provisions of
W. Va. Code § 15-5-6(c), the Attorney General's Office opined:

[W]e also note that the Governor has separate and more extensive authority under
a state of emergency. ... Arguably, these provisions could support an order from
the Governor regarding safe election procedures—potentially including personnel

2 2020 WL 1910154. E.D. Mich. Apr. 20,(2020).

3 See W.Va. Atty. Gen.Op. March 18, 2020.
 Case 2:20-cv-00570 Document 1-1 Filed 08/28/20 Page 3 of 6 PageID #: 11

at polling places . . if necessary to address the emergency that the coronavirus

epidemic poses for the State.

State law explicitly authorizes the Governor's ability to suspend regulatory statues, stating further
in W. Va. Code § 15-5-6(c):

So long as a state of emergency or state of preparedness exists, the Governor has

and may exercise the following additional emergency powers: ... (7) To suspend
the provisions of any regulatory statute prescribing the procedures for conduct of
state business or the orders, rules ofany state agency,ifstrict compliance therewith
would in any way prevent, hinder or delay necessary action in coping with the
emergency[.]

As we know,the Governor's emergency authority has already been exercised to delay the Primary
Election date from May 12th to June 9, 2020. Analogizing to that action in reliance upon, in part,
the above Attorney General Opinion, it is likely the Governor likewise has the authority to relax
or remove the signature-gathering requirement for candidates seeking ballot access under the
premises of(1)protecting the public health because no alternative exists to gain ballot access, and
(2)uphold independent candidates' constitutional right to seek public office.

Inherent in the Governor's authority to suspend rules is the Governor's authority to provide for
resumption ofthe same rules. Merriam Webster's dictionary defines "suspend" as "to set aside or
make temporarily inoperative." As anything "temporary" may only persist for a limited time, and
the Governor's authority is to suspend (not terminate) rules, the Governor inherently has the
authority to allow for resumption of the suspended rules.

State Survey of Modified Approaches

The nature of the COVID pandemic has left many states grappling with issues of first impression.
This section summarizes several states' current positions, including modified approaches required
by either executive or judicial order.

1. Reduction ofsignature.requirements

Connecticut — Governor Ned Lamont issued an executive order reducing petition signature
requirement for all candidates by 30 percent. He also extended the filing deadlines for
major-party and unaffiliated candidates by two days, to June 11,2020, and August 7,2020,
respectively.4

• Vermont — Governor Phil Scott signed HB 681, eliminating all ballot-access petition
requirements during 2020.5

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 Case 2:20-cv-00570 Document 1-1 Filed 08/28/20 Page 4 of 6 PageID #: 12

• Michigan — Judge Terrence Berg (US DCT ED Michigan) issued an order reducing the
petition signature requirements for primary candidates in Michigan to 50 percent of their
statutory requirements. Berg also extended the filing deadline from April 21, 2020, to May
8, 2020, and directed election officials to develop procedures allowing for the collection
and submission of electronic petition signatures.6'7

• Virginia — Judge W. Reilly Marchant issued an order reducing the petition signature
requirement for Republican primary candidates for the United States Senate to 3,500. The
statutory minimum was 10,000.8

• piew York — Governor Andrew Cuomo issued an executive order reducing petition
signature requirements by 30% for primary candidates and suspending the signature-
gathering process effective March 17, 2020.9

Massachusetts — The State Supreme Court issued an order reducing candidate petition
signatures requirements to 50 percent of their statutory requirements. The court also
authorized candidates to collect petition signatures electronically.

• Utah — By executive order ofthe Governor,the enforcement of ballot access requirements

for the primary elections was suspended to the extent that it requires a candidate to create
"signature packets."1°

2. Deadline extension for ballot-access signatures

• Alabama — Governor Kay Ivey signed HB272 into law, extending the petition deadline for
unaffiliated presidential candidates to August 20, 2020.11

• Texas — Secretary of State Ruth Rugger() Hughs determined that the petition deadline for
independent candidates for non-presidential office would be extended to August 13,
2020.12

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 Case 2:20-cv-00570 Document 1-1 Filed 08/28/20 Page 5 of 6 PageID #: 13

Nevada 一Court ordered extension of ballot access petition deadline for initiatives from
June 24 to August 5.13

0hio 一Ohio Courts declared that relaxing the signature gathering requirements for ballot
access is was rational and necessary to prevent irreversible harm to candidates.

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Florida 一Secretary of State Laurel Lee signed two orders authorizing candidatesto submit
quali勿ing documents,including signed petitions, electronically.14

New Jersey 一（overnor Phil Murp蚜issued an executive order making the following
changes to the state's election procedures: permitting candidates to collect petition
signatures electronically and submit petitions online.15

Geor恤a 一Secretary of State Brad Ra钱nsperger extended the petitioning deadline for
minor-party and unaffihiated candidates to August 14, 2020严

・ Massachusetts 一The State Supreme Court issued an order reducing candidate petition
signatures requirements to 50 percent of their statutory requirements. The court also
authorized candidatesto collect petition signatures electronically.

4. 0ther

* Washington 一Governor Jay Inslee issued an executive order waiving the petition
requirement for candidates who cannot afford to pay the filing fees associated with the
offices being sought.'7

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 Case 2:20-cv-00570 Document 1-1 Filed 08/28/20 Page 6 of 6 PageID #: 14

Countervailing Concerns:

The public interest in allowing minor party candidates ballot access is balanced by several factors
including overcrowding ofballots and difficulty ofimplementing new processes during an election
and pandemic. Simply put, without some requirement beyond filing to run for office, but not
requiring signatures and/or a filing fee (which fee offsets the county(ies) costs for holding the
election),the public interest may be harmed.

Regarding the overcrowding of ballots, such can create a substantial nuisance. For example, in
2003, California had minimal ballot access requirements and attracted 135 candidates in a
gubernatorial election. 18 The presence of a hundred, or even a dozen, candidates on a ballot can
create confusion amongst the voting population. Secondary consequences ofovercrowded ballots
include: dilution ofcampaign funding reimbursement funds, difficulty satisfying the Commission
on Presidential Debates' 15% threshold; and fears that a vote for a non-major party "spoiling" the
election.

Regarding the difficulty of implementing new processes or systems in the middle of pandemic,
such can result in catastrophic consequences. The City of San Jose, for example, is facing a $1
million recount cost to remedy alleged signature counting errors. 19

Conclusion:

The COVID-19 pandemic has created ballot access challenges for non-major party candidate in
the 2020 General Election. In the public interest, some relaxation ofexisting petition requirements
and their corresponding signature collection procedures may be necessary. Based on the vast
majority of recent court decisions, the trend suggests that a legal challenge to West Virginia's
current signature-gathering process under the COVID-19 pandemic would likely be successful.
Acting now will reduce last-minute process changes at the county level, sooner remove the public
health risks posed by candidates currently gathering signatures, and protect candidates'
fundamental right to ballot access amid the current State of Emergency.

In contra, all aforementioned court decisions were entered in the previous months. With the current
state of West Virginia's COVID-19 infection rate, the facts may have changed sufficiently to, at
least, warrant a review of the court decisions and apply the analyses to the State's situation.

Indeed, a reduction by 50% of the number of signatures required for a minor party candidate to
gain ballot access is: (1) an equitable way to balance candidates' ballot access with the public
interest of not having a confusing and overcrowded ballot, and (2)the least-disruptive alternative
to WV's signature-gathering requirements.

However, if upon review the current facts are distinguishable from those present in the previous
months, our Office stands ready to communicate to the candidates your ultimate decision and
reasoning.

is https:ilert.wikipedia.orgiwikliCalifornia gubernatorlai recall election

19 htt s://salloses otlichtx misan:ose-battle-over-fair-elections-initiative-• oes. -b t-ve aI
Case 2:20-cv-00570 Document 1-2 Filed 08/28/20 Page 1 of 1 PageID #: 15
 Case 2:20-cv-00570 Document 1-3 Filed 08/28/20 Page 1 of 2 PageID #: 16

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Southern District
__________ of of
District West Virginia
__________

KANYE WEST, )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 2:20-cv-570
)
MAC WARNER, in his Official Capacity as Secretary )
of State of Wet Virgnia )
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Mac Warner, in his Official Capacity as the West Virgnia Secretary of State
Office of the Secretary of State
State Capitol Building
Charleston, West Virginia 25305

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
J. Mark Adkins, Esquire
Richard R. Heath, Jr., Esquire
Bowles Rice LLP
600 Quarrier Street
Charleston, West Virginia 25301

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 2:20-cv-00570 Document 1-3 Filed 08/28/20 Page 2 of 2 PageID #: 17

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 2:20-cv-570

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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 Case 2:20-cv-00570 Document 1-4 Filed 08/28/20 Page 1 of 2 PageID #: 18

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Southern District
__________ of of
District West Virginia
__________

KANYE WEST, )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 2:20-550
)
MAC WARNER, in his Official Capacity as Secretary )
of State of West Virginia )
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Office of the West Virginia Attorney General
State Capitol Complex, Bldg. 1, Room E-26
Charleston, WV 25305

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
J. Mark Adkins, Esquire
Richard R. Heath, Jr., Esquire
Bowles Rice LLP
600 Quarrier Street
Charleston, West Virgniai 25301

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date: 8/28/2020
Signature of Clerk or Deputy Clerk
 Case 2:20-cv-00570 Document 1-4 Filed 08/28/20 Page 2 of 2 PageID #: 19

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 2:20-550

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print Save As... Reset

 Case 2:20-cv-00570 Document 1-5 Filed 08/28/20 Page 1 of 2 PageID #: 20
JS 44 (Rev. 09/19) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

KANYE WEST, MAC WARNER, in his Official Capacity as Secretary of State of West
Virginia
(b) County of Residence of First Listed Plaintiff Park County, Wyoming County of Residence of First Listed Defendant Kanawha County
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

J. Mark Adkins, Esq.

Bowles Rice LLP

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) (15 USC 1681 or 1692)
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 485 Telephone Consumer
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Protection Act
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 490 Cable/Sat TV
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 850 Securities/Commodities/
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical Exchange
Medical Malpractice Leave Act ’ 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 891 Agricultural Acts
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 895 Freedom of Information
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 896 Arbitration
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 899 Administrative Procedure
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Act/Review or Appeal of
Employment Other: ’ 462 Naturalization Application Agency Decision
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration ’ 950 Constitutionality of
Other ’ 550 Civil Rights Actions State Statutes
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. 1983
VI. CAUSE OF ACTION Brief description of cause:
Violation of freedom of speech, association, equal protection and due process rights.
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. Not Applicable JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
August 28, 2020 /s/ J. Mark Adkins (WVSB #7414)
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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 Case 2:20-cv-00570 Document 1-5 Filed 08/28/20 Page 2 of 2 PageID #: 21
JS 44 Reverse (Rev. 09/19)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.