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TILLIS v. WRIGHT

No. 32044.

619 S.E.2d 235 (2005)

217 W.Va. 722

Gary TILLIS, Chairman, Putnam County Democratic Executive Committee, Appellant, v. Donald WRIGHT, Putnam County Circuit Clerk and Ex-Officio Chairman of the Board of Ballot Commissioners in and for Putnam County; Ruth Ann Maynard and Judith F. Jeffries as Members of the Board of Ballot Commissioners in and for Putnam County; and Raymond Joseph Haynes, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 7, 2005.

Attorney(s) appearing for the Case

Ancil G. Ramey, Hannah B. Curry, Steptoe & Johnson, PLLC, Charleston, West Virginia, Frank M. Armada, Hurricane, West Virginia, Attorneys for the Appellant.

Mark A. Sorsaia, Prosecuting Attorney, Jennifer D. Scragg, Assistant Prosecuting Attorney, Putnam County Prosecutor's Office, Winfield, West Virginia, Attorneys for the Appellees, Putnam County Board of Ballot Commissioners and its members.

Michael B. Stuart, Spilman, Thomas & Battle, PLLC, Charleston, West Virginia, Attorney for the Appellee, Raymond Joseph Haynes.

DAVIS, Justice:1

The appellant herein and petitioner below, Gary Tillis (hereinafter "Mr. Tillis"), in his capacity as the Chairman of the Putnam County Democratic Executive Committee (hereinafter "Democratic Committee"),2 appeals from a ruling rendered October 1, 2004, by the Circuit Court of Putnam County. By the terms of that ruling, the circuit court determined that a vacancy, as contemplated

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