PARKERSBURG — The legitimacy of a recent appointment to the Wood County Board of Education is being questioned by a former candidate.

Chad Conley, who finished second in the Nov. 5 election to fill a seat left vacant when Debbie Hendershot stepped down earlier this year to run for magistrate, has expressed concerns over the residency of Hendershot after she was appointed on Nov. 14 to replace another board member, Sarah Townsend, who stepped down due to health concerns.

“Her residence is in District A and that’s the district that she had served on (the board) prior to her resigning,” Conley said.

Attempts to reach Hendershot before the deadline Thursday were unsuccessful.

By law, no more than two members can be seated from the same magisterial district, of which there are three – A, B and C – in Wood County.

Towsend is from District C. Board member Ron Tice and newly elected member Randy Modesitt are from District A, with board President Justin Raber and board member Judy Johnson from District B. This means the board could only appoint a replacement from District C.

Conley said he had a personal conversation with Hendershot before the special meeting of the board where she stated her intent to apply for the vacant seat. Conley said he told Hendershot she didn’t live in District C so she could not fill the empty seat, in which he said she replied she had moved in with her mother to help with her care, and that her residence was now in District C.

Conley said Hendershot informed him she had filed change of addresses at the DMV and with the County Clerk’s office.

Wood County Clerk Joe Gonzales confirmed that Hendershot did come to his office but that she was informed she did not need to formally change her address with their office prior to the appointment.

“She is a resident of Wood County and she had her reasons for switching,” Gonzales said. “But it’s not up to me as the clerk (to verify her residency). She’s not campaigning. She’s not on the ballot. We have no ballot. It’s whether the Board of Education decides they want to appoint her or not.”

Gonzales said it was up to the West Virginia Secretary of State to determine residency.

Chief Deputy and Chief of Staff for the WV Secretary of State’s Office Donald “Deak” Kersey said a permanent residence is referred to as a domicile and a person can only have one. He said permanent residence for elected positions in West Virginia is determined by a combination of physical presence and the intent to remain at a location indefinitely.

“Residency can be complex, especially when someone has multiple homes or is living with someone else,” Kersey said. “It’s investigated on a case-by-case basis if a complaint is filed.”

Kersey said temporary absences from a domicile do not necessarily destroy legal residency, as evidenced by examples like someone working on an oil rig for most of the year but maintaining a home in West Virginia.

“They’d be eligible to run for office. They’d be eligible to hold office at the residence address they have,” Kersey said.

He said it can get more complicated when someone has multiple residences, such as owning a home in one district but spending significant time at another property.

“Changing voter registration and a driver’s license to a new address is not enough on its own to establish residency,” Kersey said. “The individual must actually reside at that location and demonstrate the intent to remain there indefinitely.”

He said residency is not determined beforehand by any government agency and is only investigated if a formal complaint is filed challenging someone’s eligibility to hold office.

“The appointing body, in this case the local Board of Education, has discretionary authority to look into residency issues when making an appointment, but is not obligated to conduct a full investigation,” Kersey said.

Raber said applicants were asked to provide their name, phone number and address on their application for the vacant board seat. He said out of the 16 applications for the position only one had an address outside of District C.

“We looked at all the applications and one gentleman lived in Vienna,” Raber said. “So he was ineligible for the position.”

Raber said all of the other applicants stated they lived within District C so the board proceeded with their selection.

Once someone is sworn in only the prosecuting attorney and the Wood County Commission can remove them, he said.

Kersey said the Secretary of State’s office does not comment on whether a complaint has been filed but said the process would begin by notifying the respondent a complaint has been made and they would then be given an opportunity to respond to the allegations in writing within 10 days.

He said an investigation conducted by the Investigations Division within the Secretary of State’s office would follow and that they would gather all relevant records and documentation, such as property records, tax records, voter registration, driver’s license information, and any other financial/personal records. He said that information would be analyzed to determine if the allegations appear to be founded.

He said if the evidence does not support the allegations, the case is dismissed. If the evidence suggests a violation of the law (e.g. false swearing on candidacy paperwork), the case is referred to the county prosecuting attorney.

Kersey said the Secretary of State’s office provides guidance on residency requirements, but does not have the authority to remove someone from office. Kersey said that is a judicial process that must be initiated through the courts.