- Associated Press - Friday, January 8, 2016

CHARLESTON, W.Va. (AP) - Democrats are asking the state Supreme Court which political party should replace a senator who was elected a Democrat and resigned Republican.

A petition Friday by state Democratic Party Chairwoman Belinda Biafore argues Sen. Daniel Hall should be replaced by a Democrat because it upholds the will of the voters.

The Wyoming County Republican resigned effective Sunday to take a job with the National Rifle Association.

He was elected senator as a Democrat in 2012 and flipped Republican after the 2014 elections, breaking a tie and giving the GOP an 18-16 majority.

Two state law provisions create confusion about which party should suggest replacements to Democratic Gov. Earl Ray Tomblin.

A favorable decision for Democrats could deadlock the Senate. The Legislature returns to session Wednesday.

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