Sawyer Dennison is seeking the Republican nomination for the 78th House of Delegates District.
CHARLESTON – A Monongalia County voter says a House of Delegates candidate in his district shouldn’t be on the primary election ballot.
John Sedoski filed his petition March 16 in Kanawha Circuit Court against West Virginia Secretary of State Kris Warner and Sawyer Dennison.
The question presented in the petition is whether the state Constitution’s residency requirements obligate the Secretary of State to exclude from the ballot a candidate for the House of Delegates District 78 who does not meet the district’s residency requirements.
According to the petition, Sedoski says Dennison does not meet those requirements. District 78 covers part of Morgantown southeast of downtown toward Sabraton and the Mileground. Delegate Geno Chiarelli is the incumbent, and he was first elected in 2022.
In addition to Chiarelli and Dennison, Cohen Terneus also is on the GOP primary ballot. Michael Wendell is the only Democrat on that primary ballot.
Sedoski says he didn’t include Monongalia County ballot commissioners as parties as to expedite the case and save the commissioners the costs of filing a response as nominal parties. He says Warner, as the state’s chief election official, is authorized to issue orders to all election officials, county commissions, clerks of county commissions, clerks of circuit courts, boards of ballot commissioners, election commissioners and poll clerks.
Sedoski is registered to vote in District 78, and he is a member of the Monongalia County Republican Executive Committee.
The petition says Dennison listed his “Current Legal Residence Address” as 2001 Brunswick Court, which is located within District 78, when he filed to run for District 78 on January 12. But that address is different from the “Residential Address” of 416 Harding Ave., which Dennis used in his pre-candidacy registration form on September 17.
“Importantly, at that time, respondent Dennison was filing as a candidate of House District 80,” the petition states. “And to complicate matters further, until at least November 12, 2025, respondent Dennison was registered to vote in Raleigh County, West Virginia. Indeed, he voted in the 2024 general election under that registration.
“To start, respondent Dennison filed pre-candidacy forms for District 80, in which he was not registered to vote. And West Virginia election law requires candidates to be ‘a legally qualified voter of’ their ‘county of residence.’”
So, Sedoski says when Dennison established his domicile in District 78 remains unconfirmed. But he says Dennison’s campaign filings, voter registration history and public statements establish he did not reside in House 78 before November 2.
The state Constitution says a senator or delegate must have been a resident within his or her district for one year preceding the election.
“Because respondent Dennison does not meet the constitutionally imposed residency requirements, he is ineligible to hold that office, and respondent Secretary of State should withdraw the candidate’s Certificate of Acceptance or otherwise remedy the ineligible candidate’s appearance on the ballot,” the petition states.
Sedoski also asks the court to expedite the briefing schedule because the primary election is scheduled for May 12. He also says oral argument is not necessary as the state Supreme Court “has authoritatively decided the dispositive issues here and the facts are well enough developed for this court to rule.”
“For voters in West Virginia House District 78, and in furtherance of free and fair elections, it is essential that only candidates eligible to hold the office they seek appear on the ballot,” the petition states. “If not already set or certified, ballots should be corrected in all forms possible, and if ballots cannot be corrected, respondent Dennison should be declared ineligible to receive votes.”
Sedoski asks the court to issue his writ and order Warner to withdraw Dennison’s candidacy.
Sedoski is being represented by Anthony J. Majestro and Graham B. Platz of Powell & Majestro in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 26-C-322
