A ruling made by the Upshur County Commission regarding the contested election for Upshur County Sheriff is being appealed.
The commission determined that Chief Deputy Mike Kelley would have been an eligible candidate and not barred from running for office.
The case was dismissed with prejudice and the matter closed on July 27.
Kelley withdrew his name from the ballot.
But David Taylor, the runner up, and his attorney said they plan to appeal the decision in circuit court.
The state's executive election committee will have to approve Kelley's removal from the ballot and then the county's executive election committee will need to appoint a nominee.
Two candidates have already filed papers to run as independents.