Judge Orders Libertarian Candidate Removed From West Virginia Senate Ballot

Kanawha County Circuit Court Judge Carrie Webster ordered Friday that the Secretary of State withdraw the certification of candidacy for Stephanie Butcher, the Libertarian candidate for West Virginia Senate District 4. The ruling removes Butcher from the ballot for the upcoming general election.

The decision resolves a lawsuit filed on Oct. 13 by Sen. Eric Tarr, R-Putnam, who is running for re-election in the district. Tarr argued that Butcher is ineligible under the West Virginia Constitution because she resides in Mason County, the same county as Sen. Amy Grady, R-Mason, who also represents the district. Article VI, Section 4 of the state constitution prohibits two senators in a multi-county district from being chosen from the same county.

Butcher did not contest her residency in Mason County during the Friday court hearing. The district includes all of Mason County as well as portions of Cabell, Jackson, and Putnam Counties.

The court order directs county clerks and ballot commissioners in District 4 counties to post signs on the doors of all polling places stating that Stephanie Butcher is ineligible for the position. Printed notices will also be included in absentee ballot envelopes.

Secretary of State Kris Warner, who was named as a respondent in the suit, filed a brief on Oct. 22. In the filing, Warner acknowledged that the court has jurisdiction over the matter. His brief noted that while he oversees elections, administrative officials do not have the power to investigate a candidate’s qualifications. Warner asked for a prompt resolution from the court.

Butcher is the second candidate removed from the Senate District 4 ballot this month. Democratic candidate Zachary Abbott was also removed earlier in October. Abbott agreed not to challenge a separate lawsuit by Tarr claiming Abbott did not live at the Scott Depot address used in his January candidacy filing. Tarr presented property records and sworn affidavits to support that claim.

Early in-person voting for the 2026 General Election began on Oct. 21. Voting will continue through Oct. 31.