Supreme Court candidate Beth Walker has filed a petition in Kanawha Circuit Court seeking to prevent Justice Brent Benjamin from spending nearly $500,000 in public campaign financing for his reelection bid, funds awarded shortly after the State Election Commission certified Feb. 10 that he had qualified for the funding under the state election law.
Walker's suit contends the commission erred in certifying Benjamin for funding under the new Supreme Court Public Campaign Financing Act.
The complaint, which was assigned to Kanawha Circuit Judge Tod Kaufman, cites two technical issues, alleging Benjamin's campaign missed deadlines for filing the application for certification and a report of exploratory campaign contributions - issues that the Walker campaign also raised in the SEC hearing, and that commissioners ruled were not valid.
In the complaint, Walker also contends the SEC erred in determining Benjamin had raised sufficient qualifying contributions to receive the public financing.
Under the law, candidates seeking public financing of Supreme Court campaigns must raise $35,000 in qualifying contributions from at least 500 contributors with maximum contributions of no more than $100.
In the petition, Walker is asking the court to overturn the SEC decision certifying Benjamin's qualification for public campaign financing, order Benjamin not to spend any of the funds, and to return the public financing money.
"Expenditure of those public monies, if not stayed pending the court's review of the SEC's decision, will irreparably harm Walker by affording Benjamin an improper advantage in the campaign for Supreme Court," the petition states, adding, "As a result, Walker's own ability to compete and campaign for the position will be improperly impaired."
With the introduction of nonpartisan judicial elections this year, the Supreme Court election will be on May 10 - less than three months away.
Walker campaign spokesman Joe Reidy did not respond to a request for comment Friday.
Anne Charnock, who represented Benjamin at the SEC hearing, was out of town and could not be reached for comment.
Reach Phil Kabler at philk@wvgazettemail.com, 304 348-1220, or follow @PhilKabler on Twitter.