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WV Supreme Court Reinstates Indictment Against King and Maynard in Election Residency Case

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Summary

The West Virginia Supreme Court of Appeals reversed a circuit court dismissal and reinstated an indictment against Jan Hite King and Kimberly Maynard, who were charged with falsely certifying their Cabell County residency when filing as candidates for the County Commission in 2022. The Supreme Court agreed with the Attorney General's Office that the five-year statute of limitations in the Election Code applied, rejecting the lower court's finding that the one-year misdemeanor limitations period controlled. The charges of false swearing, aiding and abetting, and conspiracy will proceed.

What changed

The West Virginia Supreme Court of Appeals issued a writ of prohibition reinstating the indictment against two candidates who allegedly falsely certified their Cabell County residency when filing for the Cabell County Commission in 2022. The circuit court had dismissed the April 2025 indictment as untimely, applying the general one-year misdemeanor statute of limitations. The Supreme Court reversed, holding that the five-year limitations period in the Election Code controlled.\n\nThis decision has implications for election integrity enforcement in West Virginia, affirming that the State's election fraud statutes carry a five-year window for prosecution. Candidates and campaigns should be aware that false certification of residency for candidacy purposes carries significant legal exposure under the Election Code, and the Attorney General's Office will vigorously pursue such cases.

What to do next

  1. Monitor for further developments in the reinstated criminal proceedings

Archived snapshot

Apr 11, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

West Virginia Supreme Court rules in favor of State in Cabell County election integrity case

April 10, 2026

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.

Contact Name Kallie Cart

Contact Phone

304-558-2021 Contact Email kcart@wvago.gov

Named provisions

Election Code statute of limitations False swearing statute Conspiracy statute

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Last updated

Classification

Agency
WV AG
Published
April 10th, 2026
Instrument
Notice
Legal weight
Non-binding
Stage
Final
Change scope
Substantive
Document ID
State of West Virginia ex rel. State of West Virginia v. The Honorable James Young

Who this affects

Applies to
Political organizations Government agencies Legal professionals
Industry sector
9211 Government & Public Administration
Activity scope
Candidate residency certification Election fraud prosecution Grand jury indictments
Geographic scope
US-WV US-WV

Taxonomy

Primary area
Elections
Operational domain
Legal
Topics
Criminal Justice Civil Rights

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