Democrat Nominee in District 4 Removed From Ballot After Residency Challenge by Senator Tarr

CHARLESTON — West Virginia’s Fourth Senatorial District will head into the November 3 general election without its Democratic nominee after a court order removed Zachary Abbott from the ballot following a legal challenge filed by incumbent state Sen. Eric Tarr (R).

Tarr, a Republican from Putnam County, filed an emergency petition October 13 in Kanawha County Circuit Court, arguing that Abbott did not meet the state’s residency requirements to run for the seat. On Friday, October 16, Circuit Judge Kenneth Ballard signed an agreed order directing election officials to remove Abbott’s name from ballots throughout the district.

Under West Virginia law, candidates must reside in the district they seek to represent for at least one year before the election. The Fourth Senatorial District includes all of Mason County and portions of Putnam, Cabell and Jackson counties.

Tarr’s petition alleged that Abbott listed a Scott Depot address on his candidate registration in January but did not have the property owner’s permission to live there. The complaint also cited records showing Abbott had paid taxes in Kanawha County rather than Putnam County.

Abbott disputed the allegation that he had not lived in the district long enough, saying he had rented a property in Putnam County for the previous year and a half. He acknowledged, however, that he had made an error on his candidate paperwork.

“This is all a big misunderstanding,” Abbott said in an interview according to the The Gazette-Mail. “I filled out the paperwork wrong, and that is my mistake. But I’ve lived in Putnam County for a year and a half.”

The agreed order was entered without Abbott or Secretary of State Kris Warner conceding the factual allegations in the lawsuit. It directs county clerks and ballot commissioners in the district to remove Abbott’s name from official ballots and disregard votes cast for him.

Abbott later confirmed Saturday that he had withdrawn from the ballot, citing the cost of continuing the legal fight.

“I couldn’t really afford $15,000 to $20,000 for a lawyer,” Abbott told The Gazette-Mail.

With Abbott removed, Tarr will still face a challenger in the general election. Libertarian nominee Stephanie Butcher of Point Pleasant remains on the ballot, although Tarr has also filed a separate lawsuit challenging her eligibility.