On August 18, a trial state court ruled that the independent candidate petition process cannot be used by registered members of political parties. See this story. The ruling disqualifies an independent candidate for Kanawha County Clerk, even though he had enough valid signatures, because he is a registered Democrat.

There is no West Virginia statute that says independent candidates cannot be registered party members. Erik Wells, the candidate, may ask for State Supreme Court review. Wells is the husband of West Virginia Secretary of State Natalie Tennant.