On January 8, 2025, the West Virginia House of Delegates declared a vacancy in the Ninety-First Delegate District due to Delegate-Elect Joseph A. DeSoto's failure to take the Oath of Office, as mandated by the state's Constitution. This decision follows a series of events where DeSoto allegedly made terroristic threats against several members of the House, claiming divine instruction to do so. Following an investigation by the West Virginia State Police, a Magistrate Court found probable cause for the threats, leading to DeSoto's arrest and subsequent home confinement while awaiting further legal proceedings. Additionally, two members of the House obtained Personal Safety Orders against him, prohibiting any contact.

The House of Delegates emphasized the importance of civil discourse and the safety of its members, condemning any acts of violence or intimidation. Given DeSoto's failure to take the Oath of Office during the commencement of the legislative session and the ongoing legal issues, the House determined that he does not qualify to serve. Consequently, the House officially declared his seat vacant and instructed the Clerk to notify DeSoto and relevant parties, including the Governor and the local Republican Executive Committee, of this action.