Libertarian Candidate In Senate District 4 Ordered Removed From Ballot

Judge Carrie Webster of the Kanawha County Circuit Court ordered Friday that the Secretary of State withdraw the certification of candidacy of Stephanie Butcher, the Libertarian candidate for West Virginia Senatorial District 4. The district contains portions of Cabell, Jackson and Putnam Counties as well as all of Mason County.   

Sen. Eric Tarr, R-Putnam, and a current representative of District 4 running for re-election, filed suit Oct. 13 claiming Butcher is ineligible due to living in the same county as Sen. Amy Grady, R-Mason.   

The West Virginia Constitution, Article VI, Section 4 states that “Every district shall elect two senators, but, where the district is composed of more than one county, both shall not be chosen from the same county.”    

At a court hearing Friday, Butcher did not contest the fact that she is a resident of Mason County, just like Grady.  

The order also directed “county clerks and ballot commissioners for District 4 counties to post a sign at all polling places stating that the Respondent Stephanie Butcher is ineligible as a candidate for Senate District 4,” and specifies that such signs be posted on polling place doors. Printed notices are also to be included in absentee ballot envelopes. 

Early in-person voting for West Virginia’s 2026 General Election kicked off on Wednesday, Oct. 21, and continues through Saturday, Oct. 31.   

Secretary of State Kris Warner, who was named as a respondent in Tarr’s suit alongside Butcher, filed a short brief Thursday, Oct. 22. Warner’s brief acknowledges that while he is responsible for overseeing elections in West Virginia, neither he nor any other administrative official has the power to investigate a political candidate’s qualifications. 

The brief agreed that the court has jurisdiction over the issue and asked for a prompt resolution.  

Zachary Abbott, the Democratic candidate, was also removed from the ballot earlier this month. Abbott agreed to not challenge a lawsuit filed by Tarr that claimed he is not a resident of the district. Tarr provided evidence including property records and sworn affidavits to show that Abbott did not live at the Scott Depot address he used to file his candidacy in January. 

Red the full order on Butcher below: