Republican 100% Pro 2nd! 100% Pro Life! 100% WV Values!
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Committee to Elect Charles Horst
151 Lazy Lane
Falling Waters WV 25419
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(304) 274-1817
Recent policies enacted by Republicans over the last eight years, have produced record surplus revenue. Now is the time to reduce taxes by eliminating personal vehicle , business equipment and inventory taxes. I cosponsored HJR3 which puts the question of a Constitutional amendment on the ballot as amendment #2 to give the legislature the ability to end these taxes. I urge a yes vote!
Locality pay is desperately needed in the Eastern Panhandle for our teachers and state workers.
The conversation has been started and is ongoing. I am optimistic we will get this accomplished in the near future, and will continue to Fight for Locality Pay!
One Size Doesn't Fit All!
West Virginia business climate has improved under Republican leadership. We have seen announcement after announcement of big businesses coming to West Virginia, NUCOR, BERKSHIRE HATHAWAY, GREEN POWER MOTOR COMPANY, PURE WATERCRAFT and tens of millions of dollars being spent by businesses on speculative projects right here in the Eastern Panhandle just to mention a few!
I will continue to support policies that encourage business growth, which will grow our economy!
I support School Choice and sponsored Hope Scholarship, parents should have affordable options to get the best possible education for their children.
I have certainty noticed a negative impact from Sports on Academics in our Public Schools, the question becomes what can we do? I am interested in thoughts on this issue.
One Size Doesn't Fit All
The 2nd Amendment is what got me involved in Politics and I will continue to advocate for Gun Owners!
SHALL NOT BE INFRINGED!!
You need a representative that will support your ideas, fight for the needs of your community and earn your respect. For someone who truly cares for your community, look no further.
Representing West Virginia with West Virginia Values!
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UNCONSTITUTIONAL CIVIL ASSET FORFITURE HISTORY!!
Civil asset forfeiture has its roots in British maritime law, where ships and cargo could be seized for violating trade laws. In the US, it was initially used to combat piracy and smuggling. In the 1980s, it was expanded to include drug trafficking and organized crime.
*Process:* Law enforcement agencies can seize property if they suspect it's connected to criminal activity. The property is then transferred to the government, which can sell it and keep the proceeds. In some cases, the property owner may not even be charged with a crime.
*Types of property:* Any type of property can be seized, including:
- Cash
- Vehicles
- Real estate
- Electronics
- Bank accounts
*Criticisms:* Many argue that civil asset forfeiture violates:
- Due process: Property owners are not always notified or given a hearing before seizure.
- Property rights: Innocent owners may lose their property without being convicted of a crime.
- Racial justice: Disproportionately affects communities of color.
*Reforms:* Some states have implemented reforms, such as:
- Requiring a criminal conviction before seizure
- Increasing transparency and reporting requirements
- Providing legal representation for property owners
*Current status:* Civil asset forfeiture remains a controversial practice, with ongoing debates and legal challenges at the state and federal level.
MY FIGHT TO CHANGE CIVIL ASSET FORFITURE TO CRIMINAL ASSET FORFITURE!!
The founding fathers took great pain to set up a Republic that insured individual rights and property rights were a high priority. Lets take a look at what happened to property rights.
In 1924 Hester v United States, the U.S. Supreme Court gave an opinion that the Fourth Amendment did not protect “Open Fields” and therefore, police searches in pastures,wooded areas,open water and vacant lots did not require warrant for searches. The Supreme Court held that private land is not protected because it isn’t listed in the Fourth Amendment thus created what is known as “Open Fields Doctrine” In 1967 Katz v United States, the court weakened “Open Fields Doctrine” by redefining what constitutes a search in regards to the Fourth Amendment. The ruling expanded Fourth Amendment protections to include any areas where a person has a reasonable expectation of privacy, (posted, fenced etc.) This ruling has been used in many cases, especially in cases of technological advances that create questions about privacy norms. In 1984 Oliver v United States, the court followed the 1924 ruling that there is no reasonable expectation of privacy in “Open Fields” therefore a search of same would not require a warrant including outbuildings that could be observed without entry by anyone who trespassed. Currently the Fourth Amendment protects the home and curtilage or the area immediately surrounding the home. This has been done by court interpretation of the Fourth Amendment, and not by any law passed by the legislature.
Some States do not observe the ''Open Fields Doctrine' for various reasons, we will take look at those states now. 16 states have constitutions that use the word “possessions” instead of the Fourth Amendment word “effects”:Alabama, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Michigan, Mississippi, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, and Vermont. 3 of these states have state Supreme Court decisions rejecting the federal 'Open Fields Doctrine' and holding that the term “possessions” includes private land: Mississippi, Tennessee, and Vermont. The other states are a mixed bag. Some, like Kentucky and Pennsylvania(at least currently), have rejected the idea that “possessions” includes private land. In other states, like Massachusetts and Ohio, the State Supreme Court hasn’t taken a position. In Texas, there are cases saying opposite things. But the bottom line is, the word “possessions” is a unique textual hook in some state constitutions that courts sometimes use to reject the “Open Fields Doctrine”. Washington, has a State Supreme Court decision rejecting the “Open Fields Doctrine”. (Washington’s provision reads: “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.”) Montana, New York, and Oregon have State Supreme Court decisions rejecting the 'Open Fields Doctrine' anyway because they believe the Supreme Court got it wrong, Tennessee has a recent lower court ruling affirming Tennessee's constitution protects private land. Kentucky and South Dakota recently passed legislation placing some limits on 'Open Fields Doctrine'.
We can see from the summary above that the courts have been all over the place on fourth amendment protections of private property, with the U.S. Supreme Court reversing opinion several times on whether a citizen has an expectation of privacy on their property.
West Virginia has trespass laws and created a crime for those who would spy on you while on your property with a drone which shows there is an expectation of privacy on private property, We need to extend that privacy to the Government officials! We need look no further than the Patriot Act or the FISA Courts to see what happens when government wields power over citizens, we watched as a presidential campaign was spied on and then a setting President was Impeached using false information by those officials who wielded power and misused same.
States must at a minimum observe the Bill of Rights, however a state can observe more rights than the Bill of Rights by State Constitution or by State Law.
West Virginia can and should protect private property from warrant-less searches, this can be done in code or by a constitutional amendment. I have a bill to fix this via code and a resolution for a constitutional amendment, the latter would ultimately need to be approved by the citizens of West Virginia via the ballot box.
Ask yourself do you expect privacy on your property?
In closing I believe Mountaineer's have an expectation of privacy on their property and should be honored by the state!
If we are to get this done it will take the voice of Mountaineer's to make it happen by contacting your State Senators and Delegates and letting them know you support Liberty and expect them to support legislation to restore fourth amendment protections to private property!
"Montani semper liberi"
Let's Make Mountaineer's Always Free Again
By Restoring the 4th Amendment!
Link to Bill
HJR 3 Constitutional Amendment to give the legislature the ability to end personal vehicle, business equipment and inventory tax.
This will be on November 2022 ballot.
HJR 1 passed the House in 2021 but did not get to finish line but passed as HJR 102 in 2022
HJR 102 Constitutional amendment will give the legislature oversight of State Board of Education rules and policies, to approve, deny or amend them, this has no effect on local school boards.
This will be on November 2022 ballot.
HJR 2 Constitutional amendment Clarifies the House of Delegates has the power to impeach a Supreme Court Justice without any court interference.
This will be on November ballot.
I should also mention amendment HJR2, this amendment simply brings WV Constitution in line with a Supreme Court ruling by allowing Churches to incorporate.
HB 2499 Tax reduction for arms and ammo manufacturing which creates a tax incentive for firearm and ammunition manufactures to move to West Virginia, also removes sales tax on firearms and ammunition.
HB 2793 Permit out of state residents to obtain West Virginia concealed carry permits.
HB 2694 Protects West Virginians from enforcement of new federal gun control laws. While I was not a sponsor I worked to get this bill to the floor.
HB 4048 Removes the prohibition of a loaded long gun in or on a conveyance (vehicle, ATV, horse, bicycle etc.) , this has been a long standing prohibition in West Virginia.
I was the lead sponsor
HB 4441 allows the use of big bore air guns to hunt big game
I was lead sponsor
I was a proud Sponsor of the HOPE SCHOLARSHIP which will give parents a choice in Education for their child!
I was a sponsor of HB-3293 that will Protect women's sports in our schools and colleges by requiring students play in sports per sex they were born as!!!!
I did not sponsor HB- 2012 a bill to expand Charter Schools in West Virginia. I was honored to vote yes in committee and for passage.
I sponsored HB2006 which reduced regulations on business in West Virginia, including raising the amount of contract before needing a contractors license.
I sponsored HB 2008 reduced regulations on businesses requirements for licensure relating to elevator mechanics, crane operators, HVAC, electricians, and plumbers
I sponsored HB 4634 Relating to occupational licensing or other authorization to practice business. Reduced Regulation.
Chair, Natural Resources
Finance
Energy, Manufacturing
Jails, Prisons
Workforce Development
Interim Committee's
Vice Chair Agriculture, Rural Development:
Finance
Energy, Manufacturing
Water Resources
Paid for by Committee to Elect Charles Horst
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