Charleston, W.Va. – WV Secretary of State Kris Warner announced today that a meeting of the State Election Commission (SEC) has been scheduled for Friday, August 7, 2026, at 12:00 PM, to consider two written requests to disqualify David Elliott Pritt from the 2026 General Election Ballot.
The SEC meeting is a public meeting. The agenda and convenient virtual attendance information can be found on the Secretary of State’s Meeting Notices webpage here.
Under W. Va. Code 3-5-19(a)(4), the SEC has jurisdiction to disqualify a candidate from the ballot “if a written request is made by an individual with information to show a candidate’s ineligibility . . . explaining grounds why a candidate is not eligible to be placed on the general election ballot or not eligible to hold the office, if elected.”
According to the West Virginia Supreme Court of Appeals, the SEC may disqualify a candidate “when any factor renders him/her ineligible, unfit, or unqualified for the office to which he/she seeks to be elected.” Syl. Pt. 5, Tillis v. Wright, 217 W. Va. 722, 724, 619 S.E.2d 235, 237 (2005).
As discussed in the press release issued on July 24, 2026, a candidate who is accused or charged with a felony cannot be disqualified for that reason until the criminal proceedings are complete and the candidate is formally convicted of a disqualifying crime.
Examples of disqualifying factors include:
Failing to meet residency or citizenship requirements;
Lack of statutory age for the office;
Lack of affiliation with the political party for which a candidate is seeking nomination or election;
Currently serving a felony sentence of incarceration, probation, or parole;
Conviction of treason or bribery in an election;
Lacking the required education, such as a law license for prosecuting attorney; and
Any other prerequisite or requirement that must be satisfied for candidates to seek or hold a specific elected position.
“The burden of proof is on the two individuals who submitted written requests to disqualify the candidate. As one of five members on the State Election Commission, it is our duty to weigh the information and evidence presented to us against the law,” said Secretary Warner.
“I share the serious concerns expressed by many members of the public and public officials over the past week regarding the allegations raised against former Delegate Pritt,” Warner said. “My heart and prayers go out to the survivor or survivors of these heinous allegations. I hope that justice is served in the separate criminal proceedings.”
“What is before the State Election Commission is an administrative matter,” Warner continued. “The right to seek public office is well-founded and equally applied to every eligible person. Despite the very troubling accusations, the five-member SEC must determine whether the two requestors present sufficient evidence showing that Pritt’s eligibility to remain on the ballot is affected by something other than being charged, but not convicted, of a disqualifying crime,” Warner continued.
SEC disqualification is one method for a candidate to be removed from a ballot. Others include voluntary withdrawal, court order, and death. Under the law, a political party cannot appoint another candidate to the ballot when a candidate withdraws. However, if a candidate is disqualified by August 11, 2026, whether by a court or the SEC, a political party can nominate another candidate to the ballot up to August 17, 2026. The two requestors in this matter are Greg Ingram, Chair of the Fayette County Republican Executive Committee, and Dr. Robert Shirley Love of Fayetteville, WV.
