CHARLESTON, W.Va. — The West Virginia Supreme Court of Appeals has issued a ruling reinstating an indictment against two candidates charged with election-related offenses. In State of West Virginia ex rel. State of West Virginia v. The Honorable James Young, the Supreme Court granted the State's petition for a writ of prohibition.
In 2022, Jan Hite King and Kimberly Maynard allegedly falsely certified their residency in Cabell County's Magisterial District 1 when filing as candidates for the Cabell County Commission. A Cabell County grand jury indicted both women in April 2025 on charges of false swearing, aiding and abetting, and conspiracy. But the circuit court dismissed the indictment as untimely, finding that the general one-year misdemeanor statute of limitations applied.
The Attorney General’s Office, representing both the state of West Virginia and the Secretary of State’s Office, argued the five-year statute of limitations found in the Election Code applied. The Supreme Court agreed.
"This decision affirms that those who seek to defraud West Virginia's voters will be held accountable," Attorney General JB McCuskey said. "I want to applaud the Secretary of State’s Office for their work in bringing these charges. I am also incredibly proud of the exceptional legal team in our office for their work ensuring that the Election Code means what it says."
The Secretary of State's Office conducted the initial investigation into King and Maynard. The charges will be reinstated.
Read the Supreme Court’s order here.