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Resigned Raleigh County prosecutor could win election then refuse to take the oath of office

CHARLESTON, W.Va. — Resigned Raleigh County Prosecutor Ben Hatfield’s name will remain on the ballot for the Nov. 5th General Election.

Deak Kersey

Hatfield, who resigned last Friday, too late to have his name removed from the ballot, has said that he will refuse the oath of office if he wins.

Secretary of Staff Chief of Staff Deak Kersey said there’s a process.

“If it shakes out to where the resigning prosecutor wins the election he would also have to refuse the oath in January when the term begins,” Kersey said.

That would create an official vacancy that would allow the Raleigh County Commission to appoint a prosecutor to serve for two years until the 2026 General Election.

Candidates can have their names removed from ballots up to 84 days before an election. Hatfield’s resignation came less than two weeks before the vote.

Hatfield, who is the only candidate for prosecutors on the printed ballot, addressed the issue in his resignation letter.

Ben Hatfield

“As we approach the upcoming November 2024 General Election, I wish to clarify that, should I win re-election as Raleigh County Prosecuting Attorney, I will respectfully refuse the office. My decision to step down is final, and my focus is now directed toward new priorities outside of public office,” Hatfield said.

Beckley attorney Jordan Adkins is an official write-in candidate.

Kersey said the decision, as always, is up to the voters.

“We’ll see what the voters do on November 5th,” he said.

The Raleigh County Commission has appointed Tom Truman as acting prosecutor until it can hold a special meeting.

Hatfield’s resignation follows several months of controversy in connection with his alleged behavior. There were several investigations launched and the county commission started the process of having Hatfield removed from office.





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