FAIRMONT, W.Va. — An incumbent Marion County commissioner is fighting to keep her spot on the 2026 ballot for reelection.
The lawsuit was filed by Marion County attorney Joey Garcia on behalf of Marion County Commissioner Linda Longstreth against Commission, Commission President Ernie Vangilder, Commissioner Robert Devaul, and County Clerk Julie Kincaid.
The lawsuit states October 30, 2025, an order changing commission boundaries in the dated from December of 2021 was found by the Marion County Clerk’s Office. The says the maps “did not clearly show this change and all incumbent county commissioners were told they would remain in their magisterial districts.”
Now, Commissioner Longstreth, a Democrat, has been informed she will not the requirements to run for reelection in 2026. The lawsuit alleges Republican commissioners Vangilder and DeVaul were asked to correct the matter but failed to do so.
Longstreth wants the court to rule the December, 2021 Order null and void, in violation of West Virginia Code, and enter an injunction preventing the Marion County Clerk from enforcing those magisterial boundary lines to keep her from running for re-election in the 2026 cycle.
“I believe the voters should be the ones that decide whether or not I remain a county commissioner” said Commissioner Linda Longstreth.
Both Marion County Circuit Court judges have filed a notice of recusal which means the Supreme Court of Appeals of West Virginia will appoint a judge to preside over the case.