A West Virginia state trial court will hear a case on October 21, on whether to remove an independent State Senate candidate from the November 8 ballot. The challenge says that independent candidate Harry “Lee” Forbes is not eligible because he lives in Summers County. He is running in the Tenth District, which has two state senators. One of these seats is up this year, and the other is not. West Virginia has a unique election law relating to two-member legislative districts. It says both the office-holders must not live in the same county.
Because the incumbent whose term is not up this year already lives in Summers County, the lawsuit says Forbes should not have been put on the ballot, and that he should be removed. It is quite unusual for anyone to expect a court to remove someone from a general election ballot as late as October 21. The ballots would need to be reprinted. See this story.