High School Football

Panel rules against Logan judge’s challenge of election results

CHARLESTON, W.Va. — An incumbent judge in Logan County has lost his bid to overturn election results.

Logan Circuit Judge Douglas Witten challenged the results of last spring’s election in which the results showed he had been defeated by challenger Joshua Butcher.

Witten claimed there were irregularities in three precincts that should have invalidated the results in those. Doing so would have tipped the election in his favor.

A special court of three members heard evidence and ruled against Witten. The ruling was released Monday.

The panel concluded that there were errors made in three precincts but they “did not rise to the level of demonstrating that their actions amounted to misconduct affecting the result of the election or rendering it unfair.”

MORE Read the decision here

Butcher defeated Witten by 59 votes in the spring — 4,604 to 4,545.

Butcher then contested the election on June 6. He contended there were irregularities in three precincts — that in the Bulwark precinct, poll workers couldn’t account for 10 votes, that in Sharples none of the poll workers took their election oath, and that in Lane the “no electioneering signs” were not far enough away from the precinct and that Butcher’s wife campaigned too close on Election Day.

The special court heard evidence in the contested election on Aug. 23. The court’s included one representative named by Butcher (former U.S. Attorney Booth Goodwin), one by Witten (James Counts, the treasurer of his campaign) and another named by Gov. Earl Ray Tomblin (Charleston lawyer James S. Arnold).

The three-member court concluded that Witten proved a number of omissions and errors.

“However, we do not conclude that those omissions and errors amounted to misconduct which either prevented the free expression of the voters at the Bulwark and Sharples precincts or affected the result of the nonpartisan election,” the court wrote.

In Lane, the majority of the special court concluded that the failure to exactly measure the 300-foot no electioneering zone was not misconduct.

“The majority would not disenfranchise the voters who cast 468 votes in the Lane precinct when the electioneering at issue occurred outside of the boundaries of the incorrectly drawn, restricted area,” according to the decision.

One member of the panel, John Counts, dissented on the Lane precinct ruling and recommended disregarding all the results from that precinct — which would have overturned the election in favor of Witten.

 

 





More

Sports
Run defense a focus for both sides when Mountaineers play host to Cincinnati
West Virginia and the Bearcats both go to the ground often. The team that can limit the opponent's rushing attack better should have a major edge Saturday afternoon in Morgantown.
October 17, 2026 - 8:00 am
High School Sports
GW erases 14-point deficit to win at Huntington, 48-21
The Patriots scored 48 of the game's final 55 points, improving to 7-0.
October 16, 2026 - 11:24 pm
High School Sports
Bluefield stays hot, downs Fairmont Senior 40-7 for sixth straight win
Max Simpson led the way in another strong outing for the Beavers' offense, while the defense stood tall against the Polar Bears.
October 16, 2026 - 11:23 pm
High School Sports
Highlights: Doddridge County defeats Braxton County, 26-0
October 16, 2026 - 11:06 pm