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A candidate for state Senate has been removed from the ballot by court order.
Zachary Abbott, the Democratic candidate for West Virginia Senatorial District 4, agreed Friday, Oct. 16 that he will not challenge a lawsuit that claimed he is not a resident of the district.
District 4 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 the lawsuit last Tuesday, Oct. 13 in Kanawha County Circuit Court. He 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.
Tarr also named Secretary of State Kris Warner as a respondent in the lawsuit, and claims his office took no action to remove Abbott from the ballot despite being presented with the same information present in the suit prior to its filing.
The Agreed Order, signed by Abbott, orders the Secretary of State’s office to withdraw his certification of candidacy. The order also directs county clerks and ballot commissioners in District 4 to remove Abbott’s name from official ballots and disregard any vote already cast for Abbott.
Tarr also filed suit against Libertarian candidate Stephanie Butcher, claiming she 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.”
According to court documents, Butcher was only formally informed of the suit Thursday, Oct. 15 via a private process server. No court proceedings have been scheduled at this time.
The general election is 15 days away on Nov. 3.