David Tabb at 2022 Jefferson County Fair
Observer Weekly (2026 Sep 10) — Following a hearing today, Circuit Court Judge Bridget Cohee found that David Tabb is not legally qualified to appear on the November 3, 2026, general election ballot as a candidate for the Jefferson County Commission from the Harpers Ferry Magisterial District.
The court proceedings were initiated by a complaint filed on September 1, 2026 by John Cline, a Jefferson County resident. The complaint asked the Court to compel the Jefferson County Ballot Commission to act on the allegations that David Tabb is a resident in the Charles Town Magisterial District and therefore not eligible to run for the seat assigned to the Harpers Ferry Magisterial District.
The Court found that “Mr. Tabb was not, and is not a resident of the Harpers Ferry Magisterial District” and in the final order posted later in the day, ordered the Jefferson County Board of Ballot Commissioners to omit Tabb’s name from the ballot.
The Jefferson County Ballot Commission has scheduled an emergency meeting for Tuesday, September 15 at 10 am to implement the Court’s judgement.
Update (2026 Sep 13) — On Friday, September 11 2026, attorney Daniel Casto filed a notice of appeal and a motion to stay the order issued by Circuit Court Judge Bridget Cohee on September 10.
The notice of appeal asserts that the “Circuit Court erred as a matter of law in permitting Cline to prosecute a petition filed more than eighty days after the deadline” set forth in the relevant West Virginia code.
Motion To Stay Denied
In addition to the notice of appeal, Casto entered a motion to stay the September 10 order. The motion to stay makes the claim that “Without a stay, the Board may take actions that irreversibly alter the ballot and practically abolish Appellant’s statutory right to seek meaningful expedited appellate review.”
The motion to stay was entered at 11:27 am on September 11. At 2:39 pm on the same day, Judge Cohee issued an order denying the motion to stay and directing the Jefferson County Ballot Commission to proceed with the order to omit David Tabb from the ballot.
In the order denying the motion to stay, Judge Cohee reiterated the Court’s finding that “David C. Tabb does not qualify as a candidate in the Harpers Ferry Magisterial District. Mr. Tabb resides in the Charles Town Magisterial District. He has filed documents under oath in 2022 and 2024 asserting that he resides in the Charles Town Magisterial District. Further delay of implementation of the Court Order to omit Mr. Tabb from the ballot will have serious resulting loss of absentee voters being able to vote in the election.”
Published in the Observer Weekly (2026 Sep 10). Updated 2026 Sep 11 (Notice of appeal filed, stay denied).
By Steve Pearson