The 8th District Senate candidate, Andrea Kiessling, wants the West Virginia Supreme Court of Appeals to keep her on the May 10th Republican primary ballot. On Wednesday, Kanawha Circuit Judge Duke Bloom ruled Kiessling did not meet the constitutional requirement that a candidate live in West Virginia five years prior to the election.
She asked for a stay to halt the court orders and filed an appeal to reverse the judges decision.
The original complaint said Kiessling lived in North Carolina for much of those five years and Bloom agreed.
Kiessling’s appeal argues the complaint came down too late, that facts of residency were not proved and that there is a post-election remedy that could be used for investigating possible candidate disqualifications.
Bloom ordered Secretary of State Mac Warner to withdraw Kiessling’s certificate of candidacy, disregard all her votes and post signs at polling places declaring her ineligible for office.
A spokesman from the Secretary of State’s office remained concerned with possible voter disenfranchisement over the more than 800 ballots cast prior to Bloom’s decision and said this was a precedent setting case.
After a Thursday afternoon decision by the West Virginia State Election Commission, Secretary of State Mac Warner said he would immediately have all election parties involved in the five county 8th Senate District (Roane, Clay and parts of Kanawha, Putnam and Jackson) begin carrying out Bloom’s orders.
Justices have asked for a response to Kiessling’s request for a Stay by 1 p.m. Friday.