|By Bob Weaver|
The WV Supreme court has ordered Frank Deem stricken from the May 8 primary ballot, granting a petition filed by his GOP primary opponent, incumbent Sen. Donna Boley.
The court will be issuing a full opinion explaining the decision.
The West Virginia Constitution says that senators in a multi-county district cannot come from the same county. While Deem is from Wood County, so is Sen. David Nohe.
Nohe unseated Deem in the 2010 Republican primary, after which Deem expressed considerable dismay.
Boley's lawyer argued that courts have consistently upheld the residency requirement.
Deem's lawyer cited how Wood County residents account for 82 percent of the 3rd District's population, and should essentially have more representation.
Boley is from Pleasants County, which has 7 percent of the district's residents, which also includes Wirt County and a portion of Roane County.
If Deem had been correct in presenting his case, and would be allowed to stay on the ballot, it would create substantial problems in all other elections.
Deem, a millionaire oil and gas producer, had spoken out in public over the years regarding his dis-interest in representing small rural counties.