- Associated Press - Tuesday, September 2, 2014

KINGWOOD, W.Va. (AP) - The state Democratic Party has dropped its legal fight to have a Republican House of Delegates candidate taken off the ballot.

The Dominion Post reports (bit.ly/1x6xlMA) that an attorney for the state Democratic Executive Committee presented an order to dismiss the case against Melissa Lewis. Preston County Circuit Court Judge Lawrance Miller Jr. dismissed the case Tuesday.

The Democrats’ attorney, Mark Gaydos, tells the newspaper the dismissal was based on discovery obtained Friday.

In a July lawsuit, Democrats said Lewis switched from Democrat to Republican five days before filing. State law allows only switches more than 60 days before filing.

Democrats claimed she lived outside Preston County-based House District 52 within a year of November’s election, making her ineligible.

Lewis faces Democratic Delegate Larry Williams in the November general election.

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