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Upshur commission seeks dismissal of election suit

BUCKHANNON (AP) — The Upshur County Commission is asking the federal court to dismiss a former sheriff candidate’s lawsuit against it.

David Taylor’s lawsuit alleges that current and former commissioners conspired to violate his rights in the May 2012 primary election.

The Inter-Mountain reports that the commission’s attorneys filed a motion recently seeking the lawsuit’s dismissal. They argue that Taylor’s lawsuit fails to state a claim upon which the court could grant relief.

Taylor lost to Mike Kelley in the 2012 Republican primary. Kelley later withdrew from the race because of concerns that his candidacy would violate the federal Hatch Act. He’s the Upshur County Sheriff’s Department’s chief deputy.

Taylor tells the newspaper that he was denied due process after he contested the election.

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