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CHARLESTON -- Unlike in Colorado, a case brought in federal court to keep former Republican president Donald Trump off of the primary and general election ballots in West Virginia was dismissed.
In a memorandum opinion and order released Thursday evening, U.S. District Judge Irene C. Berger granted motions made by attorneys for Trump, Secretary of State Mac Warner, and the West Virginia Republican Party to dismiss a lawsuit brought in September by Texas resident and write-in presidential candidate John Anthony Castro.
Berger also ordered that Castro's case be dismissed without prejudice, which would allow Castro to possibly file the case again during the candidate filing period in West Virginia beginning Monday, Jan. 8, through Saturday, Jan. 27.
"This is a big win for the integrity of our elections," said Attorney General Patrick Morrisey in a statement Thursday evening. "This lawsuit was frivolous to begin with and without merit – it had no basis in either law or fact. Any eligible candidate has the right to be on the ballot unless legally disqualified, and we will defend the laws of West Virginia and the right of voters and candidates to the fullest."