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STATE EX REL. HARDEN v. HECHLER

No. 21242.

421 S.E.2d 53 (1992)

187 W.Va. 670

STATE of West Virginia ex rel. Terry HARDEN, Petitioner, v. Ken HECHLER, Secretary of State of West Virginia; Paul D. Taylor, Evelyn Parsons and Robert Burkhart, Ballot Commissioners of the County of Berkeley; Huntington Smith, Herbert Lopp and Betty Moss, Ballot Commissioners of the County of Morgan; James E. Watson, Bianca James and Doris R. Whiting, Ballot Commissioners of the County of Jefferson; and Herbert A. Russell, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 20, 1992.

Attorney(s) appearing for the Case

Victor A. Barone, Hurt & Barone, Charleston, for petitioner.

A. Renee Coe, Deputy Secretary of State, Sp. Asst. Atty. Gen., Charleston, for respondent, Ken Hechler.

James S. Arnold, Thomas Parke Larus, King, Betts & Allen, Charleston, for respondent, Herbert A. Russell.

Janet L. Scalia, Asst. Pros. Atty. for Berkeley County, Martinsburg, for respondents, Paul D. Taylor, Evelyn Parsons and Robert Burkhart.

Charles S. Trump IV, Pros. Atty. for Morgan County, Berkeley Springs, for respondents, Huntington Smith, Herbert Lopp and Betty Moss.

McHUGH, Chief Justice:

In this original proceeding in mandamus, the petitioner, Terry Harden, seeks to have this Court compel the Secretary of State, Ken Hechler, to certify to the counties of Berkeley, Morgan and Jefferson the name of the petitioner as the Democratic candidate for Senator for the 16th Senatorial District in the general election, and to further compel the ballot commissioners of those counties to replace the name of Herbert A. Russell on the ballots...

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