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West Virginia Supreme Court upholds Senate residency requirements

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March 15, 2012

By: Joshua Meyer-Gutbrod

West Virginia

Charleston, West Virginia: The West Virginia Supreme Court has upheld a state constitutional rule requiring that state Senators from a multi-county district must come from different counties. The lawsuit was filed by Senator Donna Boley (R) who sought to invalidate the candidacy of her primary opponent Frank Deem (R) as he currently resides in a county occupied by sitting Senator David Nohe. Deem argued against the limitation, claiming that it require disproportionate representation because his county of residency constituted 80% of the population for the district but was restricted to one Senate seat. The court rejected the argument, instead favoring broader representation by multiple counties and ruling in favor of Boley.[1]

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