- Associated Press - Thursday, December 1, 2016

CHARLESTON, W.Va. (AP) - The West Virginia Supreme Court denied a Logan County circuit judge’s appeal to remain on the bench and wrote that voters can’t be penalized because of errors made by poll workers.

The Charleston Gazette-Mail (https://bit.ly/2gpZ3km ) reports that after losing his race by 59 votes to Joshua Butcher in May, Judge Douglas Witten argued that irregularities in the polls should void the votes cast at several county precincts.

A three-judge special court dismissed Witten’s petition in October and certified the election results, finding that election laws were broken, but the violations weren’t bad enough to void any votes. The high court rejected Witten’s appeal in a 25-page opinion Wednesday.

Witten was appointed by Gov. Earl Ray Tomblin last year, when then-Circuit Judge Roger Perry retired. Butcher is Perry’s former law clerk.

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Information from: The Charleston Gazette-Mail, https://wvgazettemail.com.


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