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May 7, 2008
Poll shows high court race close

Two challengers are leading in a tight race for two spots in the Democratic primary race for state Supreme Court, according to a poll to be released today.

Huntington lawyer Menis Ketchum and Margaret Workman, a Charleston lawyer and former state Supreme Court justice, were named by more respondents than the other two candidates, the poll commissioned by TSG Consulting shows. Two of the five state Supreme Court seats are to be filled in this year's election.

"This is only a snapshot in time," cautioned Tom Susman, president of TSG Consulting. "However, this kind of gives you an idea of what's out there."

The poll was conducted by telephone on Monday by Orion Strategies. It questioned 368 West Virginia Democratic and independent voters who had voted in at least one of the last two primary elections.

The poll asked voters to name their top two choices for the office. Ketchum was named easily led as the first choice of 24 percent of poll respondents. Workman was named more times as the second choice than the others, with 18 percent.

Pollsters then combined the two rankings for each candidate, leaving Ketchum at 18 percent and Workman at 17 percent.

Incumbent Justice Elliott "Spike" Maynard ran third in the poll with 13 percent, just ahead of West Virginia University law professor Bob Bastress, who polled at 12 percent.

The margin between Ketchum and Bastress - 6 percent - was just larger than the poll's margin of error - 5.1 percent.

Susman said lawyers and lobbyists pay more attention than regular voters to Supreme Court races until the very end, and that shows in the poll. A high number of respondents - 40 percent - said they were undecided in the race.

"The survey cannot reflect the number of single-shot voters - those who purposefully choose to vote for only one person, either to assist a favorite candidate or because they simply don't have a second choice in mind," said Chris Hall, managing member of TSG Consulting.

Still, Ketchum's and his "widespread advertising has evidently helped him," Susman said. Ketchum has never run for office before.

Meanwhile, heavy negative campaigning by Maynard's opponents might also be having an effect, Susman said.

Maynard has been on the defensive since before the campaign began. In December, pictures of the justice and Massey Energy Chief Executive Don Blankenship vacationing on the French Riviera were filed by lawyers in a case involving Massey. The case, and others involving Massey, were pending before the Supreme Court when the pictures were taken.

Maynard said his longtime friendship with Blankenship was not a secret and did not influence his decision to overturn a multimillion-dollar verdict against Massey. But he agreed to recuse himself from all Massey-related cases after the photos were revealed.

"Spike has had to deal with all that controversy about recusal," Susman said, and that may have hurt him.

Beth Walker, a Charleston lawyer, is the only Republican running for the Supreme Court.

TSG also commissioned a poll on the Democratic race for governor that found incumbent Joe Manchin well ahead of his only opponent, Raleigh County Delegate Melvin Kessler.

Conducted by telephone on Saturday by Orion Strategies, the poll found that 63 percent of likely voters favor Manchin in his re-election bid. Kessler had support from 20 percent of those polled, while 17 percent remained undecided.

"These are excellent numbers for Manchin, especially considering he is well beyond the traditional honeymoon phase of his administration," Susman said. "Awareness of Kessler's candidacy around the state is still quite low, so support for him could reflect more anti-Manchin vote than a pro-Kessler vote. Not surprisingly, we're looking at a likely Manchin landslide victory."

The gubernatorial poll, also done by Orion Strategies, polled 300 likely Democratic and independent voters on Saturday. It had a margin of error of 5.66 percent.

West Virginia's primary elections are set for Tuesday.

To contact staff writer Tom Searls, use e-mail or call 348-5198.

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