Memorandum Order

This is an action for a declaratory judgment asking the court to hold unconstitutional that provision of the election laws of West Virginia which prohibits utilities and railroads from forming political action committees or "PACS."  The plaintiffs are Appalachian Power Company, Monongahela Power Company, The Potomac Edison Company and West Virginia-American Water Company, public utilities with extensive operations in West Virginia, and Norfolk Southern Railway Company and CSX Corporation, major interstate rail carriers with significant presences in West Virginia.  The defendants are the Secretary of State of West Virginia who, as the state’s chief election official is charged with the administration and enforcement of the election laws,¹ and William J. Sadler, Prosecuting Attorney of Mercer County, West Virginia.  Sadler is sued as representative of a class consisting of the fifty-five prosecuting attorneys in West Virginia; the prosecuting attorneys are responsible for enforcing the criminal penalty provisions of the election laws.  By Order entered on September 27, 2001, the court granted plaintiffs’ motion for class certification and found that Sadler would fairly and accurately protect the interests of the class.