CHARLESTON — A legal challenge over residency requirements for a State Senate candidate is set to be heard in Kanawha County Circuit Court as early voting is already underway in the state’s primary election.
A voter in Senate District 14 has filed a petition for a Writ of Mandamus seeking to remove Republican candidate Marc Harman from the ballot. The petition asks the court to order Secretary of State Kris Warner to withdraw Harman’s certification, arguing he does not meet the state Constitution’s requirement that candidates reside in the district for at least one year prior to the election.
The case centers on conflicting records related to Harman’s residency. Court filings state that Harman changed his voter registration to a Grant County address in October 2025 after previously being registered in Kanawha County for several years. The petition also points to property tax records indicating Harman claimed a homestead exemption for a residence in Charleston for the 2025 tax year, which under state law applies to a primary residence.
Additional filings cite records connected to a North Carolina property that list the Charleston address as Harman’s mailing address, raising further questions about where he is legally domiciled. Under West Virginia law, residency for election purposes is tied to domicile, defined as a person’s fixed, permanent home.
The petition argues that Harman’s actions do not satisfy the one-year residency requirement outlined in the State Constitution and asks the court to prevent him from appearing on the ballot or, if ballots cannot be changed, to declare him ineligible to receive votes.
Harman has maintained that he took the necessary steps to establish residency in District 14, including leasing an apartment in Grant County, updating his voter registration and obtaining a driver’s license at that address in October 2025. He has indicated that those steps meet the constitutional requirement when measured against the November 2026 general election.
The lawsuit was filed by Kristine Ayers, a registered voter in the district, who argues the case is necessary to ensure election integrity and fairness for voters. Charleston law form Powell & Majestro serves as counsel for the petitioner.
The hearing comes amid an already competitive Republican Primary in the district, which includes Preston, Tucker, Grant, Hardy, Mineral and part of Taylor counties. Incumbent Sen. Jay Taylor (R) and former lawmaker Mike Manypenny are also on the ballot, while Democrat Jason Armentrout is running in the general election.
Legal challenges to candidate eligibility through Writs of Mandamus have been used in West Virginia in past election cycles, including cases decided close to or during voting periods. Courts have the authority to order ballots corrected or to declare candidates ineligible if constitutional requirements are not met.
