Will Pritt remain on the ballot this fall? 

By Stephen Baldwin, RealWV

CHARLESTON, W.Va. – Former Delegate Elliott Pritt, R-Fayette, resigned from office this week after federal charges of sexual abuse surfaced last week. He waved his right to a preliminary hearing and is currently incarcerated. 

Pritt won the Republican primary in his Fayette County district this past spring and is currently slated to face Democratic challenger Matthew Anderson in the fall. 

While some may think being charged with a felony would be a disqualifying factor in running for office, it is not according to state law. (For further context, see reporting from Amelia Ferrell Knisely in West Virginia Watch.)

Secretary of State Kris Warner, who oversees state elections, said last week, “A felony conviction is a disqualifying factor for candidates seeking elected office. However, candidates awaiting trial who have not been convicted of a disqualifying offense remain eligible to seek elected office, assuming no other disqualifier exists, such as no longer residing in the district they seek to represent. Under our system of justice, every person charged with a crime is presumed innocent until proven guilty in a court of law.”

Warner further stated that Pritt cannot withdraw from the ballot, due to a law passed by the legislature this year. 

However, Warner indicated there was potentially one path which could see Pritt removed from the ballot. “A political party may appoint a replacement nominee only if a vacancy results from a candidate’s disqualification, such as ineligibility to hold office, before the 84th day prior to the General Election—which is August 11, 2026—or if the vacancy results from the candidate’s death.”

Who holds the authority to disqualify a candidate? 

Warner says, “A candidate’s disqualification must be determined either by a court of competent jurisdiction, such as through a qualifying conviction, or by the State Election Commission upon a written request establishing that the candidate is ineligible to hold office. To allow a political party to fill the vacancy for the 2026 General Election, that disqualification must occur no later than August 11, 2026.”

On Tuesday, Fayette County GOP Chairman Greg Ingram wrote a letter to the State Election Commission requesting that they disqualify Pritt. 

“(Former) Delegate Pritt, being incarcerated at this time, is unavailable for discussion on the fall ballot issue, and unavailable to serve the people of West Virginia,” Ingram wrote. 

And on Tuesday evening, Gov. Patrick Morrisey moved to fill a vacancy on the State Election Commission by appointing Allie Smith, an employee of the Department of Agriculture. 

RealWV reached out to Smith Tuesday evening to discuss her appointment. Asked to comment, she replied, “Not at this time.” 

The other members of the commission are Kris Warner, Bradley Dunkle, Caleb David, and Benjamin Sullivan. They met once this year, on April 16, according to meeting minutes published online. 

‘The law…isn’t ambiguous’

WV Democratic Party Chairman Mike Pushkin said on Tuesday evening that he does not believe Pritt can be replaced on the ballot.

“The law on this issue isn’t ambiguous, and it isn’t a matter of Democratic interpretation. It is the law Republicans wrote, Republicans passed, and the Republican Secretary of State has already explained,” he said. 

“Now that the law no longer serves their political interests, some Republicans are asking the State Election Commission to ignore it. That’s a dangerous precedent.”

He added, “The rule of law has to mean something. It has to apply equally, whether the result is politically convenient or politically uncomfortable.”

Stay tuned to RealWV for updates to this developing story.