CHARLESTON – A Kanawha Circuit Court judge has decided a state Senate candidate should be removed from the ballot based on residency issues.
During an October 19 hearing, Kanawha Circuit Judge Maryclaire Akers ruled Harry “Lee” Forbes should not be on the ballot because he lives in Summers County where current state Senator Jack David Woodrum lives. State law prohibits senators in a multi-county district being from the same county. The 10th Senatorial District includes Greenbrier, Summers, Monroe, Nicholas and part of Fayette counties.
Forbes, an Independent, was trying to run for the seat currently held by Senate Minority Leader Stephen Baldwin (D-Greenbrier). Now, Baldwin’s opponents are Republican Vince Deeds and Independent Aaron Ransom.
Bryan
The case had been filed by Greenbrier County Republican Executive Committee Chairman Ben Anderson against Forbes and Secretary of State Mac Warner.
Forbes was not on the primary election ballot, but Anderson said Warner’s office should have realized Forbes lives in the same county as Woodrum.
Warner’s office said it will instruct county clerks in the 10th District to reprogram voting machines to remove Forbes’ name from the ballots. Nicholas County uses paper ballots, and a sticker will alert voters on those. For those who already have received absentee ballots in the mail, they will be sent a new ballot with instructions after re-submitting the application they receive in the mail that will be included with the notice about Forbes' removal from the ballot.
Forbes told MetroNews he plans to run again in 2024.
“We still have a great opportunity,” Forbes said. “I’m going to look toward 2024 when Mr. Woodrum comes back up for reelection.”
Anderson was represented by attorney John H. Bryan.