SCOTT DEPOT — West Virginia state Sen. Eric Tarr (R) has filed a second lawsuit challenging the eligibility of a candidate running against him in the November 3 general election, this time targeting Libertarian nominee Stephanie Butcher.
Tarr, a Republican from Putnam County, is seeking to remove Butcher from the race over a constitutional provision restricting senators from the same county from representing certain multi-county districts.
101326-Tarr-v-Secretary-of-State-and-Stephanie-Butcher-Complaint-1The West Virginia Constitution, Article VI, Section 4, states that “Every district shall elect two senators, but, where the district is composed of more than one county, both shall not be chosen from the same county.” Butcher is accused of being ineligible because she lives in the same county as state Sen. Amy Grady, R-Mason.
According to court documents, Butcher was formally notified of the lawsuit Thursday, October 15, through a private process server. No court proceedings have been scheduled in the case.
The lawsuit comes days after Tarr challenged Democratic nominee Zachary Abbott’s eligibility to run in the Fourth Senatorial District, arguing that Abbott did not meet the state’s residency requirements.
Abbott agreed to an order removing his name from the ballot after Tarr filed the challenge. The order directed the secretary of state and local election officials to remove Abbott’s name from ballots and disregard votes already cast for him.
With the general election scheduled for November 3, the legal challenge against Butcher raises further uncertainty over who will remain eligible to compete for the Senate seat. If successful, Sen. Eric Tarr may be unopposed in upcoming general election.
