CHARLESTON, W.Va. — A Democratic candidate for state Senate has agreed to be removed from the Nov. 3 General Election ballot.
Zachary Abbott, who was a candidate in the 4th Senatorial District, signed a agreed-to order Friday entered by Kanawha County Circuit Judge Kenneth Ballard.
State Senator Eric Tarr, R-Putnam, filed the lawsuit back on Tuesday against Abbott and Secretary of State Kris Warner claiming Abbott did not meet the residency requirements to run in the 4th District that covers parts of Putnam, Mason, Jackson and Cabell counties.
Tarr claimed Abbott had not lived in the district for the 12 months before the Nov. 3 election, a requirement under state election law.
Abbott said he lived at 328 Wells Hollow Road in Scott Depot but Tarr’s lawsuit claimed Abbott could not have lived there “because the house house was not owned by Abbott and the owner of the property did not give Abbott permission to reside there.”
In Friday’s order, Abbott “agreed that he will not challenge or otherwise contest the petition” filed by Tarr.
Ballard ordered Warner to withdraw Abbott’s certification of candidacy.
The order also instructs the ballot commissioners in District 4 to remove Abbott’s name from the official ballot.
Tarr still has opposition on Nov. 3 in Stephanie Butcher, the nominee of the Libertarian Party.