CHARLESTON — A lawsuit filed in Kanawha County Circuit Court is sought to remove a candidate from the ballot in the upcoming West Virginia Senate primary for the 10th District.
Deeds
State Sen. Vince Deeds, a Republican from Greenbrier County, filed the petition earlier this month, arguing that candidate Robert Shirley Love does not meet the residency requirements outlined in the West Virginia Constitution and is therefore ineligible to run.
Under the state constitution, candidates for the West Virginia Senate must have been residents of the state for at least five years prior to the election.
The complaint alleged that Love lived in Georgia as recently as 2022 or 2023 and voted there during the 2022 election cycle. It further states that he did not reestablish residency in West Virginia until late 2023 or early 2024.
Love filed his candidacy paperwork in August 2025, listing an address in Fayette County. The lawsuit contends that his time living outside the state disqualifies him from appearing on the ballot.
The petition asks the court to issue a declaratory judgment confirming that Love does not meet constitutional eligibility requirements and to prevent his name from being placed on the primary ballot.
Comer
According to publicly shared information, Love indicated that a court order determined he is not eligible to run in the May 2026 primary due to the five-year residency requirement, meaning his name will not appear on the ballot.
With Love no longer in the race, the Republican Primary for the 10th Senatorial District is expected to include Deeds and Lewisburg pastor Jonathan Comer.
The district includes Nicholas, Greenbrier, Summers, Monroe and part of Fayette County.
