Charleston, W.Va. (WVDN) – WV Secretary of State Kris Warner announced that the State Election Commission (SEC) reconvened an earlier meeting to render its decision after considering requests to disqualify three candidates from the 2026 General Election ballot for alleged failure to meet eligibility criteria to seek or hold the offices sought.
The candidates named in the disqualification requests were Tyler Bowen, candidate for House of Delegates District 27; David Tabb, candidate for Jefferson County Commission; and Larry Gene Ashley, Jr., candidate for Ritchie County Commission.
Pursuant to W. Va. Code 3-5-19(a)(4), 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 SEC determined that all written requests were timely made. Based on the information provided and testimony during the SEC meeting held August 10, 2026, the SEC ruled that House District 27 candidate Tyler Bowen failed to satisfy the eligibility requirements because he no longer resides in the State of West Virginia. Mr. Bowen was provided with notice of the proceeding, but did not respond in writing to the allegations or appear at the SEC meeting to refute the allegations or oral testimony.
With regard to the two candidates for county commission, David Tabb and Larry Gene Ashley, Jr., the SEC determined that it does not have jurisdiction over eligibility challenges to county commission candidates due to a statutory carveout requiring county commission eligibility challenges to be filed in Circuit Court. Therefore, the SEC dismissed those requests due to a lack of jurisdiction.
“The right to seek and hold office is one of the most important cornerstones of our Country,” said Secretary Warner. “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 State Election Commission can be found below:
