CHARLESTON — West Virginia state Sen. Eric Tarr (R-Putnam, 4) has successfully challenged the eligibility of both candidates running against him in the November 3 general election, leaving the incumbent without an eligible opponent in the 4th Senatorial District race.
Tarr’s latest legal challenge targeted Libertarian nominee Stephanie Butcher of Point Pleasant, whose candidacy was ruled ineligible Friday, October 23, by Kanawha County Circuit Judge Carrie Webster. The challenge followed a separate lawsuit that resulted in Democratic nominee Zachary Abbott’s removal from the ballot the previous week.
Tarr argued that Butcher’s residency in Mason County violated a provision of the West Virginia Constitution prohibiting both senators representing a multi-county district from being elected from the same county. State Sen. Amy Nichole Grady (R-Mason, 4) already represents the district alongside Tarr.
During Friday’s hearing, Webster acknowledged that early voting had begun and ballots had already been printed, preventing election officials from changing them. Instead, notices will be posted at polling places throughout the district informing voters that Butcher is ineligible.
Butcher did not dispute her ineligibility but questioned why Tarr waited until October to challenge her candidacy. She argued that he could have contacted her or filed the challenge months earlier, potentially allowing the Libertarian Party time to nominate another candidate.
“I feel like Mr. Tarr waited deliberately until the Libertarian Party could not nominate a candidate that could serve and waited,” Butcher said during the hearing.
Butcher also said she was unaware of the constitutional provision when she reviewed state law to determine her eligibility. She said she had mistakenly searched the state code rather than the state constitution.
The latest ruling follows Tarr’s successful challenge against Abbott, a Democrat who had disputed allegations that he failed to meet the residency requirements for the district. Tarr’s October lawsuit alleged that Abbott did not reside in Putnam County, as required for the seat.
Kanawha County Circuit Judge Kenneth Ballard entered an agreed order directing election officials to remove Abbott’s name from ballots and disregard votes cast for him. Abbott subsequently confirmed that he had withdrawn from the ballot, citing the expense of continuing the legal battle.
With both challengers ruled ineligible, Tarr has no eligible opponent in the November 3 general election. However, because ballots have already been printed and early voting is underway, voters will encounter notices at polling locations explaining the disqualifications of both candidates.
