A judge declined to remove state Senate candidate Marc Harman from ballots over residency questions, saying Harman had done enough to establish his domicile in time for this cycle — while also expressing caution that early voting has already begun.
Kanawha Circuit Judge Richard Lindsay concluded that Harman “timely, and according to the Constitution, for purposes of that one year residency requirement, established his residency within the district one year before the general election, in November of 2026 .”
And Lindsay, a former state senator himself, noted “the Court’s reluctance to intervene at this point in time, while people were voting.”
West Virginia’s primary election is a week from today, although early voting goes through this Saturday. Lawyers for Harman, at the beginning of a four-hour court hearing today, said about 1,300 people have already voted in the 14th Senate District with another 100 or so absentee ballots already sent in.
The outcome in court has the potential to be a major factor in a big divide among Republicans in the state Senate.
Harman, a former state delegate, is a candidate in the primary election for a Senate seat in the district that includes Preston County, Tucker County, Grant County, Hardy County, Mineral County and part of Taylor County.
The incumbent on the ballot is Jay Taylor, a Taylor County resident who was first elected in 2022. The third candidate on the Republican ballot is Mike Manypenny, a Taylor County resident and former Democratic member of the House of Delegates.
The Democrat in the race for the district seat is Jason Armentrout of Mineral County.
Republican races across the GOP-dominated state have been intense factional fights.
Harman is associated with a slate that includes Senator Tom Takubo, a Republican from Kanawha County who is the former majority leader. Taylor, the Senate president pro tem, is on “Team Randy” — Senate President Randy Smith, the other officeholder from District 14.
Whichever faction comes out ahead will affect the balance of power between the Takubo and Smith camps, as well as how many senators align with Gov. Patrick Morrisey.
Generally, Harman is from a more populated part of the district than Taylor.
There’s no doubt that Harman and his family have a long and deep history in the area, but he had to prevail in a court challenge that his recent history meets the standard of a mandatory one-year residency requirement for the state Senate election.
The basis of Harman’s residency was challenged based on filings suggesting he maintained his primary home in Kanawha County, with a petition citing tax records and a homestead exemption to contradict his more recent voter registration in Grant County.
“We have a constitutional provision — it’s been in our constitution since the beginning — that says, if you’re going to be elected to our legislature and represent a group of citizens, you need to live there and show you’re a part of the community,” said Charleston attorney Anthony Majestro, representing petitioner Kristine Ayers, is a voter in the district.
“And that’s an important provision of our Constitution. The constitutionality of that provision has been upheld. The residents of that senate district deserve a senator who lives there, not some part time resident.”
He questioned how much time Harman is truly spending in Petersburg in several ways — scrutinizing his power bill and exploring where utility bills are mailed, asking whether the apartment was decorated for Christmas, asking where Harman gets his hair cut, questioning where his insurance indicates his car is typically located.
Harman took the stand to say that he had leased a Petersburg apartment by last October — more than a year ahead of the coming general election — saying he spends three to five nights a week there. Harman said his drivers license is for that address. He changed his voter registration to the Petersburg address last October, too.
And, while acknowledging that he regularly travels to Charleston and to a vacation home in North Carolina, Harman described a lifestyle in Petersburg that included strengthening relationships with family in the area and dining at local restaurants like Cheetah B’s.
“It’s my home. I’m glad to be back there. My family’s glad I’m back and yes, that’s my home,” Harman said from the witness stand.
Harman also emphasized his longer-term ties, noting that he was born and raised in Petersburg, helped run the family business, served as a clerk in the county courthouse in the 1970s before representing the area for five terms terms in the House of Delegates.
“One of the things about enjoying my retirement was being able to spend more time in Grant County and to be able to enjoy my farm and my hunting lodge and to spend more time with my family,’ Harman said from the witness stand.
Harman’s lawyer, Will Lorensen, said removing Harman from the ballot at this point would be an extraordinary action.
“And if the question is: Is he sufficiently connected to Grant County? Does he really have plans to serve that district? Is he the best guy for the job? My client would stand on his record with that, and I think you heard him do that today, but that’s a question for the voters,” Lorensen said.
“That’s a question for the voters who, by and large, a decent chunk of them, have already cast their votes and are going to cast their votes the rest of this week and again, on Tuesday.”