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2004 West Virginia Supreme Court of Appeals election
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2004 West Virginia Supreme Court of Appeals election West Virginia Presidential no 2000 West Virginia Supreme Court of Appeals election 2000 2008 West Virginia elections#Supreme Court of Appeals 2008 1998 West Virginia Supreme Court of Appeals special election 1998 (special) 2016 2016 West Virginia elections#Supreme Court of Appeals 2004 11 02 Brent Benjamin West Virginia Republican Party 382,036 53.33% Warren McGraw West Virginia Democratic Party 334,301 46.67% 2004 West Virginia Supreme Court of Appeals election by county.svg 250px Results by county Benjamin: #E27F7F 50–60% #D75D5D 60–70% #C21B18 80–90% McGraw: #7996E2 50–60% #6674DE 60–70% #584CDE 70–80% Justice Warren McGraw West Virginia Democratic Party Brent Benjamin West Virginia Republican Party
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".Court hears arguments in McGraw case https://books.google.com/books?id=40NDAAAAIBAJ&dq=warren+mcgraw+four+to+one+supreme+court&pg=PA2&article_id=1269,3763836 March 18, 2000 Point Pleasant RegisterMcGraw denied longer term while holding office https://books.google.com/books?id=MrNDAAAAIBAJ&dq=warren+mcgraw+four+to+one+supreme+court&pg=PA1&article_id=2753,5921483 March 25, 2000 Williamson Daily NewsMcGraw asks court to rehear case https://books.google.com/books?id=7ENDAAAAIBAJ&dq=warren+mcgraw+four+to+one+supreme+court&pg=PA2&article_id=3223,4298200 March 29, 2000 Point Pleasant RegisterCourt rejects McGraw's petition to rehear case https://books.google.com/books?id=7UNDAAAAIBAJ&dq=warren+mcgraw+four+to+one+supreme+court&pg=PA2&article_id=2633,4369070 March 30, 2000 Point Pleasant Register
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
May 11 Democratic primaryWest Virginia Blue Book - 2004 - Page 598 https://www.wvlegislature.gov/legisdocs/publications/bluebook/WVS_Bluebook_2004.pdf West Virginia Legislature
Democratic Party (United States) Warren McGraw (incumbent) 147,030 56.72%
Democratic Party (US) Jim Rowe 112,191 43.28%
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
May 11 Republican primaryWest Virginia Blue Book - 2004 - Page 623 https://www.wvlegislature.gov/legisdocs/publications/bluebook/WVS_Bluebook_2004.pdf West Virginia Legislature
Republican Party (United States) Brent Benjamin 51,909 53.15%
Republican Party (United States) Linda Rice 45,747 46.85%
97,656 100.00%
General election
Results
2004 West Virginia Supreme Court of Appeals election2004 General Election - Justice of the Supreme Court of Appeals https://sos.wv.gov/elections/Documents/HistElecDocs/2004/2004%20Supreme%20Court%20Gen.pdf West Virginia Secretary of State
Republican Party (United States) Brent Benjamin 382,036 53.33%
Democratic Party (United States) Warren McGraw (incumbent) 334,301 46.67%
716,337 100.00%
Republican Party (United States) Democratic Party (United States)
References
Category:Supreme Court of Appeals of West Virginia elections
Category:2004 West Virginia elections
Category:November 2004 in the United States