West Virginia Policy and Campaign Finance Research Podcast

Carrie Clendening

West Virginia Policy and Campaign Finance Research. This Substack publication is dedicated to tracking the flow of political money into West Virginia’s elections and policy-making process. carrieclendening.substack.com

  1. 2d ago

    What the Push for Public Charter School Border Privileges Really Means for West Virginia Taxpayers

    During a recent meeting of the West Virginia Professional Charter School Board (PCSB), leadership announced an ambitious legislative goal for the upcoming 2027 regular session: granting public charter schools equal “border privileges” with traditional public county school boards. Executive Director Barry Holstein framed the proposal around a statutory “disconnect.” Under West Virginia Board of Education (WVBE) Policy 8100, traditional county school boards are required to charge out-of-state students per-capita tuition to attend West Virginia public schools. However, W. Va. Code §18-5G-3 explicitly prohibits public charter schools from charging full-time tuition to any student. On the surface, amending the code to give public charters parity with traditional school districts sounds like a commonsense technical cleanup. In fact, initial coverage of the meeting—such as the News and Sentinel article published on September 11, 2026—treated the issue as a procedural summary of board discussion, capturing Delegate Joe Statler’s insistence on upfront parental payments and board member Chanda Adkins’s concerns regarding delayed reconciliations. However, viewing this push strictly as a technical “disconnect” misses the profound legal and financial machinery underneath. Striking the tuition prohibition without embedding strict, surgically crafted statutory guardrails does not fix an oversight—it opens a massive financial trap that could force West Virginia taxpayers to subsidize the education of out-of-state residents. While initial media reporting accurately captured the surface-level debate, it left out four critical statutory and fiduciary mechanisms that govern West Virginia education finance: * The PSSP State Aid Mechanics: How foundation aid is calculated under October 1 headcount rules. * The Sovereign Taxing Authority Gap: The structural difference in solvency protection between traditional county boards and public charters. * The “Arrears” Legal Loophole (§18-5-16): Statutory protections that shield parents from tuition liabilities under cross-border district agreements. * The Statewide Virtual Charter Exposure: The risk of inadvertently creating state-sanctioned, nationwide tuition academies. To understand why a simple statutory repeal is dangerous, lawmakers must examine each of these hidden mechanisms. The PSSP Funding Reality: Out-of-State Students Equal $0 in State Aid The bedrock of West Virginia’s K-12 financing is the Public School Support Plan (PSSP). Under state law and WVDE accounting regulations, state aid eligibility is strictly tied to residency. To generate state foundation allowance dollars during the crucial October 1 enrollment headcount, a student must reside in West Virginia. When a public charter school enrolls a West Virginia resident, the state funding follows that student to cover their educational costs. But when a charter school accepts an out-of-state student, that student brings zero state tax dollars. The school relies entirely on collecting 100% of the per-capita cost through external tuition. If that tuition is delayed, disputed, or unpaid, the charter school receives no state bailout. Every unpaid dollar directly creates an operational deficit that must be absorbed by the school’s existing budget. Sovereign Taxing Power vs. Charter Solvency Fragility Why can traditional public school districts handle out-of-state student transfers without risking bankruptcy, while public charters cannot? The answer lies in local taxing authority. Traditional county school boards operate as sovereign local entities with deep financial backstops. When a traditional district accepts non-resident students and encounters delayed tuition collections or administrative friction across state lines, it possesses robust safety nets: * Local Share Property Tax Revenue: Continuous streams of local tax dollars. * Excess Levies & Bond Issuances: The voter-approved statutory authority to raise local funds for operational and capital needs. * Large Cash-Flow Buffers: Multi-million dollar countywide operating budgets. Public charter schools possess zero sovereign taxing authority. Under W. Va. Code §18-5G-3, charters are explicitly barred from levying property taxes or issuing public bonds. They operate on tight, per-pupil revenue margins. If a traditional county board experiences a temporary gap in out-of-state tuition collection, local property taxpayers absorb the timing mismatch. If a public charter school experiences the same gap, it has no tax base to call upon. It must immediately divert funds meant for West Virginia children to keep the lights on and pay teachers. The “Arrears” Legal Loophole: §18-5-16 During the PCSB discussions, Delegate Joe Statler rightly argued that West Virginia taxpayers should never foot the bill for out-of-state students, demanding direct parental billing. However, current law creates a severe legal obstacle to this requirement. Interstate public school transfers are governed by W. Va. Code §18-5-16. When school districts arrange cross-border attendance, they typically execute mutual district-to-district transfer agreements. Crucially, §18-5-16(g) includes an explicit parental shield: “No parent, guardian, or person acting as parent or guardian is required to pay for the transfer of a student or for the tuition...” Under this statutory model, neighboring school systems bill one another in arrears at the conclusion of the school year. For a public charter school, relying on end-of-year billing in arrears is a fiduciary nightmare. If a charter school accepts 30 students from Ohio, Pennsylvania, Maryland, or Virginia, and the sending out-of-state school district refuses or delays payment at the end of the fiscal year, the charter school cannot legally go after the parents under §18-5-16(g). The charter school is left holding an uncollectible debt—effectively forcing West Virginia state revenue to finance neighboring states’ educational obligations. Physical Border Optimization vs. Unintended Virtual Expansion There is a legitimate operational argument for physical, brick-and-mortar charter schools located in border communities. Institutions like Eastern Panhandle Preparatory Academy (EPPA) in Kearneysville or the proposed WISH Academy in Huntington (exploring operations near the Marshall University campus) face unique geographic realities. For these physical campuses, accepting cross-border commuters helps fill empty classroom seats, optimizing facility utilization and reducing fixed overhead costs per student. However, West Virginia also authorizes statewide virtual charter schools. Under current code, virtual charters are governed by the same foundational statutes as physical charters. If the Legislature passes a broad, blanket exemption removing the tuition prohibition in §18-5G-3 without structural qualifications, virtual charters would instantly gain statutory authority to recruit tuition-paying students nationally and internationally. Without explicit guardrails, West Virginia could inadvertently transform its public virtual charter framework into state-sanctioned, online private academies operating worldwide. This would represent a radical departure from the original intent of West Virginia’s charter school legislation passed in 2019 and expanded in 2021. Educational choice should empower West Virginia families, encourage innovative learning models, and maximize resource efficiency in our local communities. But school choice should never mean West Virginia taxpayers pick up the tab for another state’s constitutional duty to educate its residents. As the 2027 legislative session approaches, lawmakers must look past surface-level arguments about “equal privileges.” By insisting on strict upfront billing, eliminating arrears loopholes, protecting virtual boundaries, and prioritizing local residents, the Legislature can fix statutory inconsistencies without putting West Virginia’s financial integrity at risk. Without a legislative amendment explicitly carving out an exception for out-of-state students, charter schools cannot safely adopt the border privileges utilized by traditional county boards. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit carrieclendening.substack.com

  2. 6d ago

    I Told My Daughter To Wait Before Registering to Vote. Elon Musk’s VoteSafe.org Is Why I Haven’t Changed My Mind.

    I have been home sick all day with the summer cold that seems to be making its way through everybody’s house, office, school, and grocery store checkout line. So, lucky—or unlucky—for my readers, I have had time to sit still long enough to read, and write about Elon Musk’s VoteSafe.org. And I have to say: my mind has not changed. Back in June, I wrote about why I told my newly 18-year-old daughter to wait before registering to vote. Not forever. Not because I do not want her to vote. Not because I want young people to disengage, become cynical, or sit quietly while other people make decisions about their lives. Quite the opposite. I want her to vote. I want her to be informed. I want her to understand that her voice matters and that democracy is not something we inherit automatically—it is something people have to keep showing up for, protecting, and demanding better from. But I also want her to understand that her personal information has value. And increasingly, the people asking for that information are not treating it like something precious. They are treating it like campaign fuel. That was my argument in June. I was worried about government demands for sensitive voter files, third-party vendors, insecure databases, politically connected data firms, and the long history of voter information being exposed, copied, shared, misconfigured, and left sitting on the internet for anybody who knows where to look. Then I read about VoteSafe.org. And now I am wondering whether, as sacrilegious as it feels to say it, I may ask my daughter to sit this election cycle out too. Not because voting is the problem. Because the modern political system has turned ordinary citizens—especially young people registering for the first time—into inventory. A voter-registration site should not be a surveillance machine! There is a difference between helping someone register to vote and building a detailed political profile of them. Vote.gov, the federal government’s official voter-registration portal, directs people to the appropriate state registration resources. According to the Election Assistance Commission’s privacy policy, it does not collect personally identifying information simply because someone visits the site, and it says its cookies do not store information that can personally identify a visitor. That is what a voter-information site should look like. Do you need to know where to register? Here is where to go. Do you need to check a deadline? Here it is. Do you need your state election office? Click this link. (If you are in West Virginia go here: https://ovr.sos.wv.gov/Register/Landing) Simple. Useful. No politics. No hidden agenda. No giant surveillance apparatus lurking behind a cheerful little “Are You Registered?” button. VoteSafe.org appears to be something very different. According to reporting by Judd Legum, the site is operated by America PAC, Elon Musk’s super PAC, and it is being promoted heavily to voters in key states. The site collects more than the basic information a person might expect to provide while checking registration status: name, date of birth, home address, email address, cellphone number, IP address, location information, device and browser information, referral source, pages viewed, and links clicked. Think about that for a second. A young person who thinks they are simply checking whether they are registered may be handing over a home address, contact information, date of birth, online activity, device information, and location data to a political organization funded by one of the richest men in the world. That is not a neutral public service. That is a data-collection operation wearing a “go vote” costume. The part that should make every parent, voter, election official, and privacy-minded person stop cold is not merely that VoteSafe.org collects information. It is what the site’s policies reportedly allow America PAC to do with it. Legum reported that an earlier VoteSafe.org privacy policy said personal information collected through the site would be used only to support America PAC’s activities and would not be shared with advertisers, political organizations, or third parties not directly affiliated with the PAC. But that language was removed in an August 29 update, according to the report. The updated policy reportedly permits America PAC to “share” or “sell” personal information with “business partners,” including information about whether someone is registered to vote and, where lawful, how they submit their vote. It also permits the sale or sharing of inferences drawn from the data—things like predicted attitudes, behavior, predispositions, intelligence, abilities, and aptitude. Read that again: inferences. Not just who you are. Not just where you live. Not just whether you are registered. What they think they can determine about you. Your habits. Your fears. Your likelihood of voting. Your political leanings. The kind of message most likely to move you. The kind of message most likely to make you angry. The kind of message most likely to make you stay home. That is the part of modern politics we are supposed to accept without asking questions. We are supposed to shrug and say, “Well, everybody does it.” No. Everybody should not get to do it. And we especially should not build voter-participation systems around the idea that a citizen’s basic democratic act—checking registration, finding a ballot, or asking how to vote—is an opportunity to create a permanent commercial and political dossier. This is Bigger than Elon Musk! I do not care whether the surveillance machine is funded by Elon Musk, George Soros, the Koch network, a labor union, a Democratic consulting firm, a Republican consulting firm, a nonprofit, a tech company, or some unnamed vendor with an LLC registered in Delaware. I do not trust any of them with more personal information than they genuinely need. And right now, they do not need this much. The argument is always that data makes democracy more efficient. It helps campaigns reach voters. It helps organizations encourage participation. It helps candidates communicate. Fine. But there is a line between communicating with voters and constructing behavioral profiles of them. There is a line between reminding someone of an election deadline and following them across websites, apps, and streaming services. There is a line between providing useful election information and building a device fingerprint so that a person can be tracked even after deleting cookies. Legum’s reporting says VoteSafe.org is configured to share information with numerous partners and advertising systems, including Meta, Google, X, The Trade Desk, Iterable, and other tracking companies. It also reports that the site uses data practices that can connect a user’s activity to advertising systems and create tracking identifiers tied to the technical characteristics of a person’s device. That is not what most people picture when they hear the phrase “voter registration website.” Most people picture a government form. Most people picture a county clerk’s office. Most people picture paperwork. They do not picture a political data pipeline. But that is what we have allowed elections to become. When I Wrote in June that I Wanted My Daughter to Wait Before Registering, Some People Probably Heard it as Anti-Voting. It was not. It was pro-privacy. It was pro-consent. It was pro-democracy in the fullest sense of the word—the kind of democracy where a citizen does not have to trade away her personal information, her online behavior, her address, her device identity, and her predicted psychological tendencies just to participate. My daughter is 18. She is old enough to vote. She is old enough to have opinions. She is old enough to be targeted by campaigns, candidates, political influencers, advertisers, partisan media outlets, fundraising operations, and every other person who sees a first-time voter as an opportunity. But she is not a lead. She is not a consumer profile. She is not a political product. She is not a data point to be sold, shared, scored, modeled, matched, and chased around the internet until somebody figures out the exact combination of fear, outrage, hope, or guilt that might get her to click. That should not be controversial. The fact that it is controversial tells us how badly we have normalized the commercialization of citizenship. Voter Participation Cannot Require Surrender. I am not telling anyone else what to do. If you are comfortable registering today, register. If you need to check your registration status, check it. If you have a child turning 18, teach them how the process works and encourage them to learn about the candidates and issues that will affect their lives. But please use official state election resources or Vote.gov to find them. Do not assume that a professional-looking website, a polished ad, a celebrity-backed campaign, or a friendly reminder text message is a public service. It may be. Or it may be a political organization gathering information it can use long after Election Day. And before you type in your name, address, date of birth, phone number, or email, ask a few very basic questions: * Who owns this website? * Is it a government election office, or is it a political organization? * What information does it collect beyond what is necessary? * Does it sell or share data with “partners”? * Does it track activity across devices, apps, websites, or streaming platforms? * Can it use the information to create assumptions about a voter’s beliefs, behavior, or vulnerabilities? * Is there a direct official state election website I can use instead? Those are not paranoid questions. They are the minimum questions responsible adults should be asking in 2026. We Have Spent Years Watching Big Money Colonize Every Corner Of American Politics. It is in the ads. It is in the mail. It is in the text messa

  3. Sep 8

    The First Lady, Food Fix Campaign, SNAP-Ed, and West Virginia’s Soda Waiver.

    I found the information below about a month ago, and I have decided it is time to bring it into the sunlight. I am putting these records and connections out publicly because West Virginians deserve to know who is involved in shaping policy that affects them—especially when it involves public benefits, public money, and the people closest to power. If you are a journalist, researcher, or fellow Substack publisher, please feel free to use this information, follow the trail, and build on the reporting. In the first quarter of 2025, First Lady Denise Henry Morrisey was listed as a lobbyist for Food Fix Campaign Action, Inc., a national advocacy organization working on nutrition policy, chronic disease, “Food as Medicine,” and improvements to SNAP-Ed. Less than two months after that lobbying report was filed, the Morrisey administration submitted a request to the Trump administration seeking permission to bar West Virginia SNAP recipients from using their benefits to buy soda. And the state’s waiver did not simply mention SNAP-Ed in passing. It made SNAP-Ed part of the plan. The waiver says West Virginia would use SNAP-Ed to encourage alternative drink choices, produce educational materials, collect information about soda consumption, and evaluate whether taking soda off the SNAP-eligible list changes the behavior of low-income families. That does not prove that Denise Morrisey wrote the waiver. It does not prove Food Fix Campaign Action drafted the state’s proposal. And it does not prove that the First Lady personally lobbied USDA for West Virginia’s soda ban. But it does raise a straightforward question: What was the relationship between the First Lady’s lobbying work for Food Fix Campaign Action and the Morrisey administration’s decision to build a statewide SNAP policy around the same nutrition, chronic-disease, Food as Medicine, and SNAP-Ed framework? The public deserves an answer. A Federal Disclosure Names Denise Morrisey A lobbying report filed April 21, 2025, lists Capitol Counsel LLC as the lobbying firm and Food Fix Campaign Action, Inc. as the client. The report covers the first quarter of 2025. It lists $100,000 in lobbying-related income for the quarter and identifies the U.S. Senate and U.S. House of Representatives as the targets of the lobbying activity. Among the individuals listed as lobbyists is Denise Henry Morrisey. That is Denise Morrisey, the wife of Governor Patrick Morrisey and West Virginia’s First Lady. The lobbying disclosure lists her with a group of lobbyists working on several issue areas for Food Fix Campaign Action. The most relevant one is agriculture and nutrition policy. The report says Food Fix Campaign Action was lobbying on: “Support regenerative organic agriculture, improvements in nutrition, and food as medicine, including nutrition and chronic disease-related improvements to SNAP-Ed, and advocacy related to Farm Bill reauthorization.” That is not vague language. The disclosure specifically refers to SNAP-Ed, the federally supported nutrition-education program connected to SNAP. It also names chronic disease, nutrition, and Food as Medicine—three themes that later appear throughout West Virginia’s soda waiver request. The Waiver Followed On June 10, 2025, West Virginia’s Department of Human Services submitted a request to USDA’s Food and Nutrition Service asking for authority to prohibit SNAP recipients from buying soda with their benefits. The state proposed excluding regular soda, diet soda, and zero-sugar soda from SNAP eligibility statewide. The request would affect every SNAP household in West Virginia. At the time the state submitted the waiver, it reported 146,488 SNAP households and 273,981 individual recipients. It also said all 2,118 SNAP-authorized retailers in the state would be required to comply. West Virginia’s justification was built around the same set of ideas that appeared in the Food Fix disclosure: * Nutrition. * Chronic disease. * Health outcomes. * Food choices. * Obesity. * Diabetes. * Medicaid spending. * Nutrition education. * Behavior change. The waiver argues that soda has no nutritional value, connects sugary drinks to weight gain and chronic disease, and says restricting soda purchases could push SNAP households toward healthier drink options. West Virginia also tied the proposal to the state’s obesity statistics, youth soda consumption, diabetes, cardiovascular disease, and Medicaid spending on diabetes and weight-management medications. Again, none of that proves Food Fix supplied the research, the language, or the policy idea. But it is hard to ignore the overlap when the governor’s wife was listed as a Food Fix lobbyist on a disclosure that specifically mentioned SNAP-Ed and chronic-disease-related nutrition policy. SNAP-Ed is Not a Side Note This is where the connection becomes more specific. The waiver does not merely say that the state will encourage healthier choices. It gives SNAP-Ed a defined role in making the waiver work. West Virginia wrote that it would use its SNAP-Ed implementing agency to offer SNAP households alternative drink options. The state also said SNAP-Ed would create targeted graphs and one-page documents explaining healthy drink options to households affected by the restriction. The waiver identifies the WVU Extension Family Nutrition Program as West Virginia’s SNAP-Ed implementing agency. That program would be asked to gather state-specific data on soda consumption before and after the restriction. The proposal also says SNAP-Ed would: * Collect information about recipients’ beverage behavior and consumption. * Use adult nutrition-education outreach. * Conduct surveys and interviews. * Use 24-hour dietary recalls. * Track beverage purchasing and consumption patterns. * Include the soda restriction in evaluation criteria for the state’s “Rethink Your Drink” program. The waiver describes Rethink Your Drink as an effort to encourage water consumption and reduce sugary-drink intake, especially among children. That means SNAP-Ed is not simply being used to hand out informational flyers after the fact. It is part of the state’s communications plan, behavior-change strategy, and evaluation plan. The program is being asked to help tell SNAP households what to buy instead, measure whether their behavior changes, and help produce evidence that the policy worked. That is the same federal program Food Fix Campaign Action listed in its lobbying disclosure when it named Denise Morrisey as a lobbyist. The Timeline Matters Here is the sequence: * January 13, 2025: Patrick Morrisey becomes governor of West Virginia. Denise Henry Morrisey becomes First Lady. * January - March 2025: Denise Morrisey is listed as a lobbyist for Food Fix Campaign Action. * April 21, 2025: Capitol Counsel files the Food Fix lobbying report. * June 1, 2025: Governor Morrisey and First Lady Denise Morrisey appear at a healthy-eating event involving a mobile teaching kitchen. The Governor’s Office described it as part of the administration’s effort to promote healthy eating. * June 10, 2025: West Virginia submits its waiver request to ban soda purchases with SNAP benefits. * August 4, 2025: USDA approves the waiver. * January 1, 2026: The approved project was scheduled to begin. The timeline does not prove coordination. But it raises a legitimate question about how a national lobbying agenda involving SNAP-Ed, Food as Medicine, nutrition, and chronic disease came to overlap so closely with a major policy initiative of the Morrisey administration. That question becomes more important because Denise Morrisey was not merely a supporter of healthy eating in a ceremonial role. The lobbying disclosure lists her as someone who “acted as a lobbyist” for Food Fix Campaign Action. USDA Approved the Soda Restriction USDA approved West Virginia’s request on August 4, 2025. The approval allows West Virginia to exclude soda from the definition of SNAP-eligible food. The restriction applies statewide and initially runs from January 1, 2026, through December 31, 2027. The state can seek annual extensions, potentially allowing the project to run for up to five years. The approval says no West Virginia SNAP household may opt out of the purchase restriction. However, participation in surveys, interviews, dietary recalls, and other evaluation tools is voluntary. USDA required the state to submit final communications, retailer-compliance, budget, and evaluation plans before implementation. The agency also required quarterly reports during the first year of the project. Those reports must address issues including: * SNAP household and retailer complaints. * SNAP-related hearings. * Administrative costs. * Out-of-state SNAP transactions. * Retailer transaction data, where available. * Behavioral and health-related measures. * Changes in food purchasing and shopping routines. The state’s own request says part of the evaluation expense would be paid with prior-year SNAP-Ed carryover funds. That matters because SNAP-Ed is not just a rhetorical link between the Food Fix disclosure and the waiver. It is part of the state’s planned spending and evaluation structure. Food Fix Campaign and Food Fix Campaign Action There is another issue that should be sorted out before anyone treats all of these records as if they involve the same legal entity. The lobbying report identifies the client as Food Fix Campaign Action, Inc. The tax returns attached to the public records are for Food Fix Campaign, Inc., a 501(c)(3) organization. Its stated mission is to educate and engage national policymakers about what it calls America’s broken food system, chronic disease, Food as Medicine, and regenerative organic agriculture. The 2024 Form 990 shows Food Fix Campaign, Inc. reported $1.93 million in contributions and grants, $1.63 million in total expenses, and $1.23 million in program-service expenses. Its principal program was describe

  4. Aug 22

    UPDATED Version 3: How I Learned to Track & Investigate Political Networks

    My friend, Myranda, created this video for me last year when I hit a roadblock while tracking Patrick Morrisey’s Joint Fundraising Committee, Team Morrisey. Myranda is brilliant and has a deep understanding of how money is moved using WINRED. I am well aware that this can be overwhelming, but for people like Myranda and I this is how our brains work. If you are in West Virginia, I recommend reviewing Black Bear PACs electioneering communication report, First Principals PAC (state account federal account) transactions related to Matchstick Media, and WSAZ media buys related to the Intermediate Court of Appeals race. I do not understand why there is a media buy that list Greg Thomas’s name with the address 411 Main Street, Mount Hope, WV. That address is commonly associated with Brian Helton’s businesses. What am I missing?? If I am not understanding something correctly, please reach out. Network Map Created by Myranda Where Morrisey Fits Into This Network Straw Donor Example: Tread Standard LLC; 34N22 MUR Matters Under Review (MURs) of Interest MUR 7442 - 35th Inc PAC (C00635607) MUR 7094 - Make America Great Again PAC MUR 8251 - Red Curve Solutions MUR 7886 - Black Bear PAC & Astellas Pharma Simple Network Mapping Example: Ohio FirstEnergy HB6 scandal Thanks for reading West Virginia Policy and Campaign Finance Research! Subscribe for free to receive updates This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit carrieclendening.substack.com

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West Virginia Policy and Campaign Finance Research. This Substack publication is dedicated to tracking the flow of political money into West Virginia’s elections and policy-making process. carrieclendening.substack.com