2004 West Virginia Supreme Court of Appeals election
November 2, 2004
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Results by county Benjamin: 50–60% 60–70% 80–90% McGraw: 50–60% 60–70% 70–80% | |||||||||||||||||
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| Elections in West Virginia |
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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
- Jim Rowe, Greenbrier County circuit judge and former West Virginia House of Delegates majority leader.
Results
| 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
- Brent Benjamin, Charleston attorney and former Treasurer of the West Virginia Republican Party.
Eliminated in primary
- Linda Rice, Huntington lawyer.
Results
| 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
| 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
- ^ "Court hears arguments in McGraw case". Point Pleasant Register. March 18, 2000.
- ^ "McGraw denied longer term while holding office". Williamson Daily News. March 25, 2000.
- ^ "McGraw asks court to rehear case". Point Pleasant Register. March 29, 2000.
- ^ "Court rejects McGraw's petition to rehear case". Point Pleasant Register. March 30, 2000.
- ^ "West Virginia Blue Book - 2004 - Page 598" (PDF). West Virginia Legislature.
- ^ "West Virginia Blue Book - 2004 - Page 623" (PDF). West Virginia Legislature.
- ^ "2004 General Election - Justice of the Supreme Court of Appeals" (PDF). West Virginia Secretary of State.