CHARLESTON, WV (LOOTPRESS) – West Virginia Secretary of State Kris Warner has issued a statement addressing Delegate David Elliott Pritt’s status on the 2026 General Election ballot following federal criminal charges filed against the Fayette County lawmaker.
Warner said his office and legal team have reviewed the allegations and received numerous inquiries from the public regarding Pritt’s candidacy.
“Our Office has received numerous calls from West Virginia citizens regarding Delegate Pritt’s status on the general election ballot in light of the reprehensible allegations raised against him. As we all are aware, these serious allegations have received significant public attention.
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.
If a candidate voluntarily withdraws from the ballot, that creates a vacancy that cannot be filled by the candidate’s political party. This is a new provision of West Virginia election law enacted through House Bill 4350 (2024), which became effective January 1, 2025. In that circumstance, the candidate’s political party would not have a nominee for that office on the general election ballot.
Accordingly, if Delegate Pritt withdraws from the ballot, the Republican Party cannot appoint a replacement candidate.
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.
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.
We share the deep concerns of West Virginia citizens regarding the nature of the allegations against Delegate Pritt. My legal team will continue to monitor the situation closely and will respond as appropriate under West Virginia law.”
Under current state law, Pritt remains eligible to appear on the November ballot unless he is disqualified under the circumstances outlined by Warner or voluntarily withdraws his candidacy.
If Pritt withdraws, state law prohibits the Republican Party from naming a replacement candidate.
