Candidate Removed From November Ballot For Lack Of Residency

All eyes were on the State Election Commission (SEC) last week regarding the candidacy of former Del. Elliot Pritt. His resignation ended that, but there were still three complaints involving the 2026 general election.  

W.Va. Code 3-5-19(a)(4) says a candidate may be disqualified if a written request is made to the SEC by an individual with information demonstrating a candidate’s ineligibility. The request must be made no later than 84 days before the general election and must explain the grounds upon which the candidate is alleged to be ineligible to be placed on the general election ballot or ineligible to hold the office, if elected. 

The candidates named in the disqualification requests were Tyler Bowen, candidate for House of Delegates District 27, which encompasses part of Huntington’s West end and Cabell County, as well as a portion of Wayne County to the Big Sandy River; David Tabb, candidate for Jefferson County Commission; and Larry Gene Ashley, Jr., candidate for Ritchie County Commission. 

The commission ruled that Bowen is not eligible for office because he no longer lives in West Virginia. Bowen did not respond in writing or appear at the meeting. 

The complaints against the two candidates for county commission, David Tabb and Larry Gene Ashley, Jr., were dismissed because the SEC determined it does not have jurisdiction over eligibility challenges to county commission candidates. A statutory carveout requires that county commission eligibility challenges be filed in Circuit Court.  

“The right to seek and hold office is one of the most important cornerstones of our country,” Secretary of State Kris Warner said. “But it’s not outweighed by voters’ rights to have qualified, eligible candidates to choose from on their ballots. I’m disappointed that the law in this case prevented the State Election Commission from getting to the merits of the county commission candidate challenges. However, we must follow the law.” 

“Nearly twenty years ago, the legislature at the time decided that county commission eligibility challenges must be filed in circuit court,” Warner continued. “The purpose for creating a lack of uniformity for certain candidate eligibility challenges is unclear. I intend to look into whether a statutory amendment would help ensure, generally speaking, that voters have only eligible candidates on their ballots and there is an expeditious avenue that affords due process to all parties involved.” 

Copies of the orders issued by the SEC can be found below: 

Larry Gene Ashley, Jr. 

David Tabb 

Tyler Bowen