Randy Yohe Published

W.Va. Supreme Court Refuses To Hear Ousted Primary Candidate’s Appeal


West Virginia’s Supreme Court refused a last ditch attempt by a candidate ruled ineligible to stay on the primary ballot.

Andrea Kiessling, a candidate in the 8th Senate District, took her case to the West Virginia Supreme Court of Appeals to try and remain on the May 10th Republican primary ballot.

Friday afternoon, the high court refused to grant a stay or hear the appeal.

On Wednesday, Kanawha Circuit Judge Duke Bloom ruled Kiessling did not meet the legal requirement that a candidate live in West Virginia five years prior to the election.

Thursday, Secretary of State Mac Warner ordered all parties involved in 8th Senate District County voting (Clay, Roane and parts of Kanawha, Putnam and Jackson) to disregard all Kiessling’s votes and post signs at all polling places declaring her ineligible for office.

In response to Kiessling’s requests, the original complainant argued the facts of Kiessling’s North Carolina residency clearly showed the eligibility violation.

The response also argued that should a stay be granted – with the majority of votes yet to be cast – any votes for a candidate that would ultimately be disqualified would result in even more voter disenfranchisement.

The residency complaint against Kiessling was first raised on Twitter by 8th Senate District Republican primary candidate and former Delegate Joshua Higginbotham.

The resulting actions set off a firestorm of partisan, polarizing social media posts, some from the state’s highest elected officials, just days before next Tuesday’ primary vote.