The resolution declares a vacancy in the Ninety-First Delegate District of the West Virginia House of Delegates due to Delegate-Elect Joseph A. DeSoto's failure to take the Oath of Office as mandated by the West Virginia Constitution. This decision follows serious allegations against DeSoto, who reportedly threatened to kill several members of the House, claiming divine instruction. An investigation by the West Virginia State Police led to his arrest on charges of making terroristic threats, and he is currently under home confinement pending further legal proceedings. Additionally, two members of the House obtained Personal Safety Orders against him, prohibiting any contact.
The resolution emphasizes the importance of civil discourse and the safety of House members, asserting that they have the right to serve without intimidation or threats. Given DeSoto's failure to fulfill the constitutional requirement of taking the Oath of Office, the House of Delegates has determined that he does not qualify to serve. The resolution mandates that the Clerk of the House notify DeSoto of this action and that the Speaker inform the Governor and the local Republican Executive Committee of the vacancy.