On June 24, the U.S. Supreme Court issued an 8–1 decision in a First Amendment case that could impact the outcome of a case now before the West Virginia Supreme Court of Appeals. The high court ruled that disclosure of information on petitions for ballot referenda does not violate the First Amendment.
The Doe v. Reed case centers on the release of petition names gathered for the referendum on same-sex marriage in the state of Washington. According to Washington state law, petition names can be disclosed to the public as part …

Bluefield Telegraph editorial May 2010:
http://bdtonline.com/editorials/x537287722/Freedom-of-information-High-Court-must-support-public-s-right-to-know

Amicus briefs were filed in the West Virginia Supreme Court Friday 16 April 2010 by the Reporters Committee for Freedom of the Press and the Society for Professional Journalists. They provided support in the case The Shepherdstown Observer vs Jennifer Maghan. A brief was also filed by attorneys on behalf of The Observer.
The case centers on The Observer’s Freedom of Information Act request for the list of petition names collected in support of a vote on the Jefferson County Zoning Referendum, which took place November 7 2009. The County Clerk …

Today attorneys for The Observer filed their brief for the case The Shepherdstown Observer vs Jennifer Maghan in the Supreme Court of West Virginia. This follows the earlier decision by the court to hear the case. The defendants will now have an opportunity to respond.
The Observer is asking the court to overturn the decision made by the Jefferson County Circuit Court that upheld the decision by Jennifer Maghan, County Clerk, not to release the names of petitioners who were calling for a referendum on a new zoning ordinance for the …

In January, the West Virginia Supreme Court voted 5-0 to hear The Shepherdstown Observer v. Maghan. We brought this case last year against the Jefferson County Clerk, Jennifer Maghan, after her office refused to release the names of the people who signed the petition calling for a referendum on the new zoning ordinance in the county. The Circuit Court sided with Maghan, arguing that any document prepared by a private citizen was not subject to a Freedom Of Information Act (FOIA) request. We think this would have a chilling effect …

According to unofficial results posted on County Clerk’s website, the results of the Zoning Referendum are as follows:
Total No       3,249
Total Yes:    1,953
The canvass will take place on Friday 13th November.
For full results go here

Early voting on the zoning referendum concluded today in Jefferson County.   According to Nikki Painter, Deputy County Clerk, 1,422 residents took advantage of early voting at the courthouse in Charles Town, West Virginia. There are approximately 22,000 eligible to vote in the special election.
County officials have turned away some residents, saying that they are not allowed to vote in this election because they live in one of the five municipalities of the county. This is because HB4511, the legislation that underpins the vote, states that only people who are impacted by the ordinance can vote …

The Observer newspaper filed with the WV Supreme Court September 29 2009 requesting that the court hears their Freedom of Information Act (FOIA) appeal.
The original suit, which was turned down by Judge Sanders of the Jefferson County court earlier this year, demands that the Jefferson County Clerk open up her list of zoning petition names for public inspection. The County Clerk has argued that the list of names were prepared by private citizen groups, are therefore not public documents and therefore not subject to FOIA.
In the submission to the Supreme …

Petition Organizer Paid By Anti-Zoning Firm
Recently released documents reveal financial dealings between Lee Snyder, the owner of Jefferson Utilities, and Ronda Lehman, who spearheaded a petition drive on the county’s new zoning ordinance. The documents include a detailed itemization of expenses made by Jefferson Utilities since October 2008, including four payments to “Ronda Lehman Consultant” in March 2009.
The revelation has re-fueled speculation that the petition drive was funded by development interests, and that Snyder in particular was affiliated with the petition campaign. At the least, say people involved with Citizens …