Gov.-elect Patrick Morrisey (R-WV) will have the opportunity to appoint someone to this newly vacant seat after he is inaugurated on Monday. The newly appointed Congress includes 91 Republican members and eight Democratic members when excluding this newest vacancy.

Joseph de Soto, 61, was placed on house arrest last month after he claimed he was called by God to kill Republican House Speaker Roger Hanshaw and House Majority Leader Pat McGeehan, among other lawmakers. As a result, de Soto was not present for the swearing-in ceremony. Additionally, de Soto is prohibited from speaking to the members he threatened.

This seat represents the 91st District, which covers the southern part of Berkeley County. When de Soto ran for and won the office, he ran as a Republican. The day before his arrest, he changed his party affiliation to Democrat.

Because of his last-minute party swap, it’s not clear whether a Republican or a Democrat will be appointed to replace de Soto.

The House of Delegates declared de Soto’s seat vacant before he was sworn in. He wasn’t allowed to travel to the capital because he is on house arrest, and other members agreed that he should not be allowed to be a member of the legislature.

However, that decision was not an easy one to come to for lawmakers, who debated whether de Soto has refused to take the oath of office — a requirement for his seat to be declared vacant, which allows the governor to choose a replacement from the district.

And because de Soto declared he joined the Democratic Party the day before he was arrested, Morrisey may be required to select a Democrat to replace him.

Should the grand jury choose to convict de Soto, he is facing a maximum fine of $25,000 and three years in prison.

The West Virginia legislative session will begin on Feb. 12.