As we told you several weeks ago a lawsuit was filed in Taylor County to remove Republican county commission candidate Jeffery Tansill from the ballot. In Taylor County the Democratic Party is asking in the lawsuit to remove Tansill from the ballot, because the party says he doesn't live in the district in which he is running.

Now, the same scenario is happening in Marion County. This time the Republican incumbent is suing to remove the democratic competitor, again for living in the wrong district.

Butch Tennant beat out 6 other candidates in the May primary to become the Democratic candidate for Marion County Commission in the Middletown district. But despite his win, his name might not be on the ballot.

"I feel very confident that everything I did is the right thing, I didn't hide anything from the voters," said candidate Butch Tennant.

The controversy is a lawsuit filed with the West Virginia Supreme Court of Appeals by Republican Incumbent Alan Parks.

Parks refused to comment for this story, but the lawsuit states Tennant did not live in the district in which he is running. Tennant claims, he doesn't have to.

"I checked with the secretary of state, they said I need to live here by the November election. I moved in July," said Tennant.

Janice Cosco is the Marion County Clerk she also contacted the Secretary of States office and was told the same thing.

"He would have to move before the general election which is November 4," said Cosco.

But the lawsuit affects more than just the two candidates. Depending on what the Supreme Court rules, it could have a major impact on the polls.

Paper ballots have already been mailed for early voting, and the electronic machines are being programmed, all with Tennant's name on the ballot.

"I don't know what will happen or how we will deal with those ballots in the event the ruling goes in favor of Commissioner Parks," said Cosco.

Cosco also says the confusion at the polls could have been avoided, by filing the lawsuit sooner than 2 weeks before early voting starts.

"I wish the timing had been early, so it wouldn't disrupt the election," said Cosco.

All the paperwork in this case must be filed with the Supreme Court by Friday. On October 9 the Supreme Court will decide if they are going to hear the case.