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State Election Commission Rules on Candidate Eligibility Challenges for 2026 General Election

CHARLESTON, W.Va. — Secretary of State Kris Warner announced Thursday that the State Election Commission has issued decisions on three candidate‑eligibility challenges filed ahead of the 2026 General Election.

The SEC reconvened an earlier meeting to review written requests seeking to disqualify Tyler Bowen, candidate for House District 27; David Tabb, candidate for Jefferson County Commission; and Larry Gene Ashley Jr., candidate for Ritchie County Commission.

Under W. Va. Code 3‑5‑19(a)(4), individuals may request a candidate’s disqualification if they provide information demonstrating ineligibility. Requests must be filed no later than 84 days before the general election. Warner said all three challenges were submitted on time.

After reviewing testimony and documentation presented during the SEC’s August 10 meeting, commissioners ruled that Tyler Bowen failed to meet eligibility requirements because he no longer resides in West Virginia. Bowen received notice of the proceeding but did not submit a written response or appear to refute the allegations.

The SEC dismissed the challenges against Tabb and Ashley, determining it lacked jurisdiction. State law requires eligibility challenges for county commission candidates to be filed in circuit court, not with the SEC.

“The right to seek and hold office is one of the most important cornerstones of our country,” Warner said. “But it’s not outweighed by voters’ rights to have qualified, eligible candidates to choose from on their ballots.”

Warner said he is disappointed the SEC could not consider the merits of the county‑level challenges due to statutory limitations and indicated he may explore whether legislative changes are needed to create a more uniform process.

“Nearly twenty years ago, the Legislature decided that county commission eligibility challenges must be filed in circuit court,” Warner said. “I intend to look into whether a statutory amendment would help ensure voters have only eligible candidates on their ballots and an expeditious avenue that affords due process to all parties involved.”

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