2004 West Virginia Supreme Court of Appeals election

2004 West Virginia Supreme Court of Appeals election

November 2, 2004
 
Nominee Brent Benjamin Warren McGraw
Party Republican Democratic
Popular vote 382,036 334,301
Percentage 53.33% 46.67%

Justice before election

Warren McGraw
Democratic

Elected Justice

Brent Benjamin
Republican

The 2004 West Virginia Supreme Court of Appeals election took place on November 2, 2004, to elect a justice of the Supreme Court of Appeals of West Virginia for the next 12 years.

Originally elected in 1998, incumbent Democratic Justice Warren McGraw had previously sought Justice George M. Scott's open seat which was up for election in 2000, and was a twelve year term which would expire in 2012. This was challenged in the state Supreme Court, and in a 4-1 decision, the Court held that McGraw was ineligible to run for a 12-year term in the year 2000 when he was already a member of the Court until the year 2004, and referred to his action as "audacious".[1][2][3][4]

McGraw sought re-election to his seat for a second term, but was defeated in the general election by Republican nominee and Charleston attorney Brent Benjamin. This election result was widely attributed to Massey Energy CEO Don Blankenship's involvement in the election, spending $3.5 million to defeat McGraw.

Benjamin became the first Republican elected to the West Virginia Supreme Court in more than 80 years.

Democratic primary

Candidates

Nominee

  • Warren McGraw, incumbent Justice of the Supreme Court of Appeals.

Eliminated in primary

Results

May 11 Democratic primary[5]
Party Candidate Votes %
Democratic Warren McGraw (incumbent) 147,030 56.72%
Democratic Jim Rowe 112,191 43.28%
Total votes 259,221 100.00%

Republican primary

Candidates

Nominee

Eliminated in primary

Results

May 11 Republican primary[6]
Party Candidate Votes %
Republican Brent Benjamin 51,909 53.15%
Republican Linda Rice 45,747 46.85%
Total votes 97,656 100.00%

General election

Results

2004 West Virginia Supreme Court of Appeals election[7]
Party Candidate Votes %
Republican Brent Benjamin 382,036 53.33%
Democratic Warren McGraw (incumbent) 334,301 46.67%
Total votes 716,337 100.00%
Republican gain from Democratic

References

  1. ^ "Court hears arguments in McGraw case". Point Pleasant Register. March 18, 2000.
  2. ^ "McGraw denied longer term while holding office". Williamson Daily News. March 25, 2000.
  3. ^ "McGraw asks court to rehear case". Point Pleasant Register. March 29, 2000.
  4. ^ "Court rejects McGraw's petition to rehear case". Point Pleasant Register. March 30, 2000.
  5. ^ "West Virginia Blue Book - 2004 - Page 598" (PDF). West Virginia Legislature.
  6. ^ "West Virginia Blue Book - 2004 - Page 623" (PDF). West Virginia Legislature.
  7. ^ "2004 General Election - Justice of the Supreme Court of Appeals" (PDF). West Virginia Secretary of State.