CHARLESTON, W.Va. — A Kanawha County circuit judge ruled Wednesday that a candidate in the 10th District state senate race be removed from the ballot because of a residency issue.
Judge Maryclaire Akers found that Harry Lee Forbes, on the ballot as an Independent in the 10th District race, lives in Summers County where sitting state Senator Jack David Woodrum lives, making him eligible.
State law prohibits senators in a multi-county district being from the same county. Forbes was not a candidate in the May Primary Election. Woodrum is not up for reelection this year.
The legal challenge was filed by Greenbrier County GOP Chairman Ben Anderson who told MetroNews Wednesday that he’s glad ballots can be changed before early voting begins next Wednesday.
“We feel like this was a good solution to the problem and we’re thankful that this was caught when it was before early voting started,” Anderson said.
Akers ruled and the Secretary of State’s Office agreed Wednesday to instruct clerks in the 10th District counties to reprogram their voting machines to remove Forbes’ name. Nicholas County has paper ballots and a sticker will be used to alert voters. Those who have already received absentee ballots in the mail will be sent an application to request a new ballot if the voter desires a ballot without the ineligible candidate. The application will have to be filled out and returned.
The Secretary of State’s Office informed the state Election Commission of the developments in a special meeting late Wednesday afternoon.
Forbes told MetroNews he’s not disappointed but is looking forward to 2024.
“We still have a great opportunity. I’m going to look toward 2024 when Mr. Woodrum comes back up for reelection,” Forbes said.
The 10th District race now has three candidates including incumbent Stephen Baldwin, D-Greenbrier, Republican nominee Vince Deeds and Aaron Ransom, also an Independent.
Forbes has a question about Deeds’ eligibility in connection with his job but was unsure if he would seek a legal challenge before the election.
The 10th District covers Greenbrier, Summers, Monroe, Nicholas and part of Fayette counties.