CHARLESTON, WV (WOWK) – The West Virginia Supreme Court of Appeals has struck down a motion for an emergency stay that would have allowed a State Senate candidate to remain on the ballot after she was declared ineligible to run.

On May 4, Judge Louis H. Bloom ruled that Andrea Kiessling was ineligible to run as a candidate for West Virginia State Senate District 8 after an opponent raised concerns about how long she had lived in the state. A day after candidate Joshua Higginbotham raised concerns, a Kanawha County voter filed a lawsuit to have Kiessling removed from the ballot.

Kiessling has said that she she has worked and voted in North Carolina over the past few years. But she maintains that she is a citizen of West Virginia.

The State Constitution requires that a candidate for office in West Virginia must be a citizen of the state for five years prior to filing for office.

13 News received documents showing that Kiessling lived and voted in North Carolina for most of the past 10 years, even though she says she visited family often in the Mountain State. In court Tuesday, Kiessling said she has filed income tax returns in West Virginia for the past two years, and had filed in North Carolina before then.

“I split my time in that I spent relatively the same amount of time in both states,” Kiessling said in court Tuesday.

Yesterday, West Virginia Secretary of State issued an order requiring county clerks in Clay, Jackson, Kanawha, Putnam and Roane counties to immediately post a sign on the door of all polling places, including early voting locations stating that Andrea Kiessling is not eligible for the State Senate District 8 office and that votes cast for her will not be counted.