CHARLESTON, W.Va. -- The publisher of the Shepherdstown Observer has sued Secretary of State Natalie Tennant, alleging that she is misapplying election law and stifling the paper's investigation into alleged voting irregularities.

In a lawsuit filed Wednesday in Kanawha Circuit Court, Thomas Harding maintains that Tennant's office has used a pending investigation against him to prevent him from publishing information about a controversial zoning referendum in Jefferson County.

In 2008, after the Jefferson County Commission enacted a new zoning ordinance, residents circulated a petition to collect enough signatures to put a referendum on the new ordinance on the ballot in November 2009.

The county clerk certified that the petition had enough valid signatures, and the referendum was soundly defeated.

The Observer filed a Freedom of Information Act request for the petition, but in a decision that was upheld by Jefferson County Circuit Judge David Sanders in August 2009, the county clerk refused to turn over the list of names.

The Observer appealed Saunders' ruling, and in January the state Supreme Court agreed to hear the appeal. The FOIA case is pending.

In the midst of this ongoing controversy, Harding noticed that Ronda Lehman, who had organized the petition drive, was working as the chief poll worker at his polling place when Harding went to vote on Nov., 7, 2009, according to the suit.

Harding took a photograph of Lehman performing her duties as chief poll worker, and the photo did not contain any citizens, voting booths or ballots, the suit maintains. Later that day, he posted the photograph on the Observer's website.

Subsequently, the Secretary of State's Office informed Harding that he was under investigation for possible violations of West Virginia election law, which prohibits journalists from entering polling places while they are working as reporters.

Harding has been charged in connection with the Election Day incident, and his criminal case is pending, the lawsuit states.

The Secretary of State's Office repeatedly has reminded Harding that it also is illegal "to divulge to anyone any part of a report or any proceeding involving an investigation," according to the lawsuit.

Tennant herself invoked this law last week when she issued a statement explaining why she would not reveal any information about her office's investigation, if any, into to allegations of widespread voter fraud in Lincoln County during last month's primary.

"[T]he interpretation given to [the disclosure law] by the office of the Secretary of State prevented [Harding], and prevents any other target of election law investigations, from defending his (or her) name when implicated in an election law violation," the suit states.

"[Harding] seeks to inform the public through The Observer and its website about possible violations of election laws, including improper voting, campaign finance irregularities, candidates' mistakes and other affronts to the democratic process but is prevented from doing so by the operation of [the disclosure law]."

The way Tennant's office interprets the disclosure law constricts the flow of information about allegations of voting irregularities, and harms Harding and the public by restricting constitutionally protected speech and the freedom of the press, the lawsuit maintains.

Tennant spokesman Jake Glance said the Secretary of State's Office had not seen a copy of Harding's lawsuit and would not comment on it.

Harding's lawsuit seeks a declaratory judgment pronouncing the disclosure law unconstitutional, and an injunction preventing the Secretary of State's Office from enforcing it. The suit, filed by West Virginia University law professor and constitutional law expert Bob Bastress, Martinsburg lawyer David Hammer and Shepherdstown lawyer Andrew Arnold, also seeks expenses and legal fees.

Reach Andrew Clevenger at acleven...@wvgazette.com or 304-348-1723.