CHARLESTON, W.Va. – Logan County Commissioner Diana Barnette will remain on the ballot for next month’s Republican primary after a ruling by a Kanawha County judge.
Circuit Judge Richard Lindsay determined Monday that Barnette maintains a cabin in Lyburn as her residence, which qualifies her to represent Logan County’s second magisterial district.
“I’m very pleased with the outcome. It has always been my intention to follow the law. When I first ran in 2020, that was my intention. I didn’t hide anything, and I always followed the law,” she said after the ruling.
Chris Trent, a member of the Logan County Republican Executive Committee and supporter of Barnette’s primary opponent, Debbie Mendez, petitioned the challenge to Barnette’s residency. The case was referred to Kanawha County after three Logan County judges recused themselves.
Barnette testified Monday that after being defeated in her bid for county commission in 2018, she changed her residence to the cabin at the Appalachian Outpost, a group of rental cabins that she owns, from her longtime home in Holden for the purpose of running to represent a different district in the 2020 election.
Trent, represented by Charleston attorney James Cagle, contested that Barnette did not live at the cabin as stated and instead remained at the home in Holden, located outside the boundaries of the second district.
Both Barnette and Trent testified during Monday’s hearing, as well as Michael Kidd, a private investigator retained by the petitioner, and Amber White, a self-defined “business acquaintance” of Barnette who operates BAC Country Rentals at the Appalachian Outpost.
Barnette explained that she purchased the land that houses the Appalachian Outpost in 2018 and, following the construction of the cabins in 2019, began occupying one for the purpose of establishing her domicile in that district. She explained that she still owns the home in Holden and stays there on Saturday nights so that she can attend a nearby church on Sundays.
She listed that address on her candidate announcement paperwork for both the 2020 and 2026 elections. When asked why her driver’s license still reflected her address in Holden when she was cited for a traffic violation in 2023, she stated she had not changed the address because she renewed the license online.
Her current driver’s license was admitted as evidence, and Barnette confirmed she updated her home address with the Division of Motor Vehicles in January 2026.
Cagle also played audio while Barnette was on the stand in which someone asked the Logan County commissioners during a meeting where they lived, and she responded, “I’m up Holden. I’m also up Rita.” She explained that she answered that way because the majority of her business is still in the Holden area.
Kidd’s testimony reflected that, detailing an investigation he conducted through online databases that showed significantly more addresses in Holden tied to Barnette than in the area surrounding the Appalachian Outpost.
Trent testified that he supported Barnette during her run for commission in 2020 but stated he now supports her opponent because he believes Barnette’s tenure has not reflected the values she ran on. He also stated that he agreed to file as the petitioner in the case after Mendez informed him that a lawyer would be provided for him.
He claimed he does not know who is funding his legal representation.
White was the only witness called by the respondent and testified that she rents a building at the Appalachian Outpost for her ATV rental business. She stated that she sees Barnette’s car outside her cabin on the property “most nights” and that she believes Barnette resides there.
Following closing arguments by attorneys for both parties, Judge Lindsay called a brief recess to deliberate and, about 20 minutes later, returned to the courtroom to render his verdict. He determined that petitioner’s case did not provide clear and convincing evidence that Barnette still lives at her home in Holden.
With the ruling, Barnette said her focus remains on doing what’s best for her constituents.
“My main focus and my main goal is to make Logan County better, and now I can put all of my energy toward that and hopefully win the election,” she said.
Primary elections are set for May 12th.