Pretext

The verdict was already written when Delegate Mike Pushkin, Chair of the West Virginia Democratic Party, called the February 22, 2024, meeting to order.

The Board of Appeals, whose members are appointed by the chair, gathered on Zoom to conclude a hearing against the president of the West Virginia Young Democrats. The accused was absent.

"Many of us have to get to work, I know I do," Pushkin told the board. "So, let's ask all the questions that we need to ask, but be as brief as possible."

He informed the board they already had the final document. "We have a draft report based on facts of the case and related party rules and the likely findings of the board," Pushkin said. "You all have a draft of the report."

With the findings already distributed, they moved through testimony from two invited witnesses in under 20 minutes.

The board voted unanimously.

The Young Democrats' executive officers were ordered to "turn over all WVYD records and accounts of WVYD to include banking, social media, postal, etc." The board ordered that "the cash balance of $4,293.60 shall be turned over to the WVSDEC within 7 calendar days."

The board also threatened legal action, directing the state party chair to "initiate legal proceedings to obtain control of the funds and bank records" if the youth leaders did not comply.

The board issued these orders to an entity it did not legally control. The West Virginia Young Democrats is not a committee of the state party.

The WVYD maintains its own Employer Identification Number, its own bank account at United Bank, and continuous registration with the Secretary of State as an Unaffiliated Political Action Committee under W.Va. Code §3-8-1b.

Its constitution establishes its own governing authorities. Article VI, Section 1 states: "The Executive Committee will serve as the administrative unit and governing body of WVYD and will conduct the affairs of the organization." That committee is composed entirely of WVYD officers. The West Virginia Democratic Party does not appear in the document as a governing, approving, or supervisory entity.

To justify the takeover, the Board of Appeals relied on a provision governing officer vacancies. Article V, Section 7.2 of the WVYD Constitution requires the president to appoint replacements "with the advice and consent of the State Executive Committee."

In the WVYD Constitution, the "State Executive Committee" is the youth group's own internal board. But the West Virginia Democratic Party has a governing body with a similar name: the West Virginia State Democratic Executive Committee (WVSDEC).

On January 5, 2024, former WVSDEC member Jarryd Powell emailed Pushkin and party Executive Director Ryan Frankenberry. Powell cited the WVYD Constitution, asking: "The 2018 WVYD Constitution requires that the State Executive Committee approve certain things, such as, convention date, officer appointments, etc. Has the State Executive Committee been requested to do any of those things?"

Frankenberry responded the next day: "WVSDEC has not received any requests for approval of any kind."

He answered for the state party's committee, not the youth group's committee.

Powell presented Frankenberry's response to the Board of Appeals. The board adopted it. Finding of Fact No. 1 states: "Hively was never appointed or elected as President of the WVYD." Finding No. 2 states: "Hively was not appointed... per the provisions of the WVYD Constitution."

The board then asserted authority over the independent PAC by citing the state party's own bylaws, which declare the WVSDEC the "supreme governing authority" over "all matters relating to or affecting the Party organizations."

The board also cited the WVYD's lapsed national charter as grounds for its decision. Party records show officials knew about the lapse months before the hearing.

On September 29, 2023, Young Democrats of America President Quentin Wathum-Ocama emailed Frankenberry: "West Virginia is not currently chartered with YDA. Their last charter was done in 2021 which expired in July."

At the WVSDEC meeting the following day, Pushkin seated Jacob Hively as the representative of the WVYD. "Congratulations, Jacob," Pushkin said. "I'm sure you will remain an active member of this committee as president [of the WV Young Dems]."

On November 7, 2023, Frankenberry emailed Hively requesting the group's "Current WVYD Charter," convention minutes, and a list of officers. He did not disclose the September 29 email confirming the charter had expired.

Two weeks later, on November 21, Frankenberry emailed Hively: "Chair Pushkin is requesting a meeting on Friday, December 1, 2023, at 10:00 AM at WVDP HQ. WVDP Legal Counsel Marc Williams will be present to advise WVDP regarding concerns that could involve legal issues. You may want to have counsel present as well."

Hively declined the meeting. The party did not take further direct action against him until January.

On January 5, 2024, Powell sent his email asking about the WVYD's status.

On January 6, Frankenberry replied with a link to a publicly accessible Google Drive folder containing 13 files. The folder included the September 29 email regarding the expired charter and nine unredacted emails between the party and Hively. Hively was not copied on the exchange.

On January 8, using the files Frankenberry provided, Powell filed a 19-page grievance against the WVYD president, triggering the Board of Appeals hearing.

Following the board's February 2024 order to seize the WVYD's cash and bank records, party leaders moved to take legal control of the entity's public registration.

On January 23, 2025, Pushkin filed an amended F-4 Statement of Organization for the WVYD with the Secretary of State. An F-4 declares who legally controls a political organization. The filing listed Pushkin as Chairperson and a state party staff member as Treasurer. The mailing address, phone number, and contact email were changed to belong to the state party.

On November 9, 2025, young Democrats gathered at Camp Pioneer, a 4-H camp in the mountains of Randolph County, to formally recharter with the Young Democrats of America.

Jarryd Powell, who filed the grievance that triggered the seizure, was elected vice president. Pushkin addressed the room.

The night before the convention where she would be elected WVYD president, Olivia Dowler, spoke at the Marion County Democracy Dinner.

“I don’t believe we’re the leaders of the future,” she said. “I believe we’re the leaders of right now. Even if that means we have to get up and fight against people like the establishment.”

In public-facing statements, the newly rechartered organization provided a Gmail email address as its primary contact information.

The new officers filed an amended F-4 Statement of Organization with the WVSOS on January 21, 2026. The new filing still lists the party’s P.O. Box, phone number and an email hosted by the party.

An entity that was previously an independently registered PAC with its own fiduciaries was now under the control of the state party.

But between the board's internal ruling and the recharter, the party took one additional step that would remain hidden for nearly two years.

On June 4, 2024, Pushkin and Frankenberry walked into the Kanawha County Prosecutor's Office and filed a criminal complaint against Jacob Hively.

**Read what happened next:** West Virginia Democrats may have broken McCain-Feingold