A lawsuit filed today at the West Virginia Supreme Court in Charleston seeks to have Tally Reed thrown off the May 8 primary ballot.
Patrick Lane
The lawsuit was filed by two local residents – Patricia Adams and Howard Stone. Adams and Stone are being represented by former House of Delegates member and attorney Patrick Lane.
Both Adams and Stone are supporters of former House of Delegates member Larry Kump — Reed’s opponent in the May 8 Republican primary for House of Delegates for the 59th district.
The lawsuit argues that Tally Reed is not a resident of the 59th House of Delegates district and was not a resident in the district for one year prior to election day 2018 and therefore is ineligible to run.
“The evidence shows that she is not currently a resident of the 59th district nor has she been at any time between November 5, 2017” and the filing of her certificate of announcement on January 25, 2018, the lawsuit alleges.
The lawsuit alleges that Reed lives at her home in Berkeley Springs in the 58th district.
The lawsuit alleges that as late as the October 7, 2017 statewide road bond referendum, Reed voted in the 58th district associated with her Berkeley Springs address.
The property that Reed claims for residency in the 59th district in Hedgesville is actually deeded to Reed Real Estate LLC, the lawsuit alleges.
The lawsuit alleges that the Hedgesville property was intended as an investment and Reed “only recently attempted to claim it as a residence.”
“Perhaps the most convincing evidence showing Reed has failed to meet the durational residence requirements is the sworn affidavit of the person living across the street” from the Reeds’ 59th district address.
“After being duly sworn, the neighbor verifies that he has not seen Reed maintain a residence at the claimed location prior to January 1, 2018,” the lawsuit reports. “This witness lives directly across the street from the house and has had the opportunity to observe the comings and goings at the property.”
The lawsuit calls on the Supreme Court to enter an expedited briefing schedule “to permit the Court to reach a decision prior to the May 8, 2018 primary election.”