CHARLESTON, W.Va. -- Although his 72,544 votes in Tuesday's presidential primary theoretically could have secured at least 13 delegates to the Democratic National Convention for Texas inmate Keith Judd, state party officials said Wednesday that won't happen.
Judd, an inmate serving a 210-month term at the Federal Correctional Institution in Texarkana, Texas, is not eligible to have delegates to the convention in Charlotte, N.C., because of procedural omissions, state Democratic Party Executive Director Derek Scarbro said Wednesday.
"It's a moot point because no one filed to be a delegate for him," Scarbro said.
Any Democrat wanting to be a delegate to the national convention had to file a statement of candidacy and a statement designing which presidential candidate he is supporting with the state Democratic Executive Committee by 5 p.m. on Election Day.
In addition to no one filing to be a Judd delegate, the Texas inmate also failed to submit a letter to the executive committee designating his state representative, as required, by Feb. 10. Also, Scarbro said, it is unclear whether Judd filed required paperwork with the Democratic National Committee.
"We're still researching that paperwork that he may or may not have filed with the national party," Scarbro said.
On June 8, 36 of West Virginia's 50 delegates to the Democratic National Convention will be selected at the state Democratic Executive Committee meeting in Charleston. Those delegates are committed to candidates on a proportional basis, based on Tuesday's election returns.
Based on the returns, Judd theoretically would have received four of the nine at-large delegates, based on statewide returns.
The remaining 27 delegates are divided among the state's three congressional districts, based on primary election returns within each of the districts.
Scarbro said party officials had not attempted to determine how many delegates Judd theoretically would have received, based on the returns by district.
"We haven't done the hypothetical," he said.
Judd carried 10 of 55 counties Tuesday, including Boone, Lincoln, Logan, Mingo, Webster and Wyoming in the 3rd Congressional District.
West Virginia Wesleyan political science professor Robert Rupp said he does not expect much voter backlash over the party's decision not to award delegates to Judd, since votes for Judd almost certainly were strictly protest votes against President Barack Obama.
"My guess is 90 percent of the voters didn't know he was a convict," Rupp said of Judd receiving 41 percent of the vote in the presidential primary.