Kanawha County judge denies lawsuit seeking removal of Logan County Commissioner from May Primary ballot
- Apr 20
- 3 min read
Updated: Apr 20
Kanawha County Judge Richard Lindsay has denied a writ of mandamus that sought to remove Logan County Commissioner Diana Barnette from the May primary ballot.
WVOW News | Robert Fields, Shana Nelson & AM Stone
CHARLESTON Greenville resident Chris Trent filed the lawsuit on March 19. The filing asked the court to order election officials to enforce residency rules for county commissioners. State law allows only one commissioner to live in each magisterial district.
Trent argued Barnette lives at a home in Holden. That address would place her in the same district as Commissioner Eric Porter. Barnette’s candidate filing instead lists a cabin at Appalachian Outpost in the Lyburn area. Trent’s court filings included photos of both properties. A 2023 speeding citation from Ohio also listed a Holden address.
All three judges in Logan County’s Eleventh Judicial Circuit recused themselves from the case. The matter was then assigned to Judge Lindsay in Kanawha County.
During Monday’s hearing, attorney James Cagle, representing Trent, argued that Barnette lacked the intent to permanently reside at the Lyburn address. That allegation was refuted by documentation, including Barnette’s driver's license, which was updated on January 29 to reflect Lyburn as her address. The deadline to finalize her address would have been the last date to file to run for office, which was midnight on January 31. The Lyburn address is also listed on Barnette’s voter registration.
Barnette testified that she followed the proper procedures to register her address at Lyburn for this election. She testified that Cabin 1 at Appalachian Outpost was built specifically for her to live in, and she has been living there since 2020. She also claimed that her motivation for building and living in Cabin 1 was to run for her County Commission seat that same year.
Trent also took the stand as a witness. When questioned by Barnette’s attorney, Mike Hissam, Trent confirmed that it was Debbie Mendez, Barnette’s opponent in the primary election, who asked him to petition this case.
“I was called and told a lawyer was available to take the case, so I agreed to,” Trent said.
“Who called you and told you that?” Hissam asked.
“Debbie Mendez,” Trent answered.
“Is she paying for your legal representation here?” Hissam asked.
“I don’t know who’s paying for the representation to be quite honest with you,” Trent replied.
Trent also confirmed that he supported Barnette in 2020 when she ran using the Lyburn address, but said that he had since withdrawn his support.
Following Monday morning’s hearing in Charleston, Lindsay denied the request to remove Barnette from the ballot. The judge said the plaintiff still has the option to appeal.
“I understand that the parties – one party or the other may seek review of the court’s order or appeal the court’s order. Obviously, that’s within your right to do so. I would just caution that we are close to folks voting. I believe the first day is [April] the 29th,” Judge Lindsay said. “So, please make those appeals timely in order to protect your interest. The court will work with you all to assist you, whether or not it’s a final order or a transcript being ordered. We will do our best, but I will state that we are only eight days out from first voting.”
“Well, I would like to say that I am very pleased with the outcome. It has always been my intention to follow the law. When I first ran in 2020, that was my intention. I didn’t hide anything. I always follow the law, and I appreciate the judge’s time,” Barnette said after the hearing.
Early voting begins April 29. The state’s Primary Election date is May 12.
Barnette faces former Logan County Board of Education member Debbie Mendez for the Republican nomination to the County Commission. The winner will face Democrat Gary Runyon in the November general election.
PHOTO | Shana Nelson - WVOW News
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