Hearing on Logan County Commissioner's residence moved to Kanawha County courtroom
- Apr 16
- 3 min read
WVOW News |
Robert Fields, Shana Nelson & A.M. Stone
CHARLESTON A lawsuit seeking to omit an incumbent commissioner from the primary election ballot in Logan County was the subject of a status hearing in a Kanawha County courtroom Wednesday afternoon.
Greenville resident Chris Trent alleges Commissioner Diana Barnette does not reside within the district she submitted when filing to run for re-election back in January.
Trent filed a writ of mandamus on March 19th. Essentially, the petitioner is asking the court to make the government do its duty. In this case, Trent asserts Barnette fails to meet the residential qualifications set in state code.
The move to Charleston comes after all three judges recused in the Eleventh Circuit Court in Logan County. The Honorable Richard Lindsay now presides and the hearing Wednesday essentially boiled down to all parties coming together and agreeing on the terms to expedite a hearing next week.
Donald Kersey, Deputy Chief of Staff for the Secretary of State’s Office, attended the hearing and agreed with Judge Lindsay's observation that a speedy resolution to the case is in the best interest of all parties involved, considering the primary election is less than a month away. Early voting begins later this month.
Following the hearing, Barnette vented frustration with how the case has proceeded so far,
"I found out through WVOW there was a lawsuit," Barnette said. "I was never served until this past Monday around eleven o'clock, so yeah, that's a little upsetting."
According to Barnette, she received notice of Wednesday's hearing before she was served on the lawsuit filed last month.
"Why would you file a lawsuit and not request service," Barnette reasoned. "Did you not want me to know about it?"
Barnette is running against Debbie Mendez for the Republican nomination to face Democrat Gary Runyon in the November general election.
At issue, Logan County has four magisterial districts for three commissioners, and no more than one commissioner can reside in a single district. It is Trent’s contention that Barnette lives at Holden and should be left off the May primary ballot.
Several exhibits included in the filing are pictures of Barnette’s home at Holden and her personal cabin at the Appalachian Outpost in Lyburn, listed on her certificate of announcement. Another exhibit included a speeding ticket from Jackson, Ohio, in 2023 showing her home address as Myers Street in Holden. None of the exhibits contain Barnette's voter registration that is listed at Lyburn.
In 2018, Barnette ran for the Democratic nomination to the commission, and her residence, or domicile as referenced in the paperwork filed in the circuit court, was listed as 404 Meyers Street in Holden. In 2020, her party changed to Republican, and her domicile moved to Cabin One at Lyburn. According to Trent’s writ petition, the Appalachian Outpost has 27 cabins for rent, and a map of the outpost shows 28 cabins at the tourist resort.
Trent, also running for the Logan County Republican Executive Committee, has successfully filed suit before including against the Logan County Development Authority over Freedom of Information equests. He has also failed with an ethics complaint against Logan Assessor Glen Adkins. All those times, Trent represented himself. In the latest suit, Trent is represented by Charleston attorney James Cagle.
Barnette, meanwhile, is represented by Charleston attorney Mike Hissam.
The next hearing in the case will be Monday at 9 a.m. in Charleston.
The Primary Election is May 12th.
Early voting begins April 29th.
PHOTO | Shana Nelson for WVOW
& exhibits from petition filing
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