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CHARLESTON, W.Va. — State Senator Daniel Hall has decided to go through with his resignation which may began a legal battle concerning the party of the person chosen by the governor to finish out his term.

MetroNews learned Monday morning that Hall (R-Wyoming) handed in his resignation to Senate leaders who were forwarding the information to the governor.

Hall first announced his decision last week after deciding to take a job with the NRA but backed off when some Democrats said Gov. Earl Ray Tomblin should appoint a Democrat to fill the seat because Hall was first elected in 2012 as a Democrat. He changed his registration to Republican after the 2014 election giving the GOP the majority in the Senate for the first time in decades. The split was 18-16 after Hall made his move.

The Senate’s legal staff has said state code is clear, a Republican should be appointed to fill a Republican’s seat.

Gov. Tomblin’s office refused to get involved in the controversy last week saying the governor hadn’t yet received Hall’s resignation.

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