CHARLESTON, W.Va. — The State Election Commission delivered rulings Tuesday on disqualification requests in three different General Election races in West Virginia.
West Virginia Secretary of State Kris Warner announced the commission met again to discuss the candidacy of Tyler Bowen for the House of Delegates District 27 seat, David Tabb for the Jefferson County Commission and Larry Ashley Jr. for the Ritchie County Commission.
The commission disqualified Bowen from seeking the 27th District seat because he no longer lives in West Virginia. According to State Election Commission order, he moved south to accept a position at the Wellstar Children’s Hospital in Georgia this summer. He secured the Republican nomination in the May primary for that seat, despite reportedly halting his campaign page and openly telling people to vote for his opponent.
Bowen defeated his opponent, William Caudell, by 27 votes (353-326) in the primary. District 27 includes parts of Cabell and Wayne counties.
Meanwhile, disqualification requests for two county commissioner candidates were dismissed.
David Tabb’s candidacy for the Jefferson County Commission was tossed into question because of which magisterial district his residence was in. Tabb, a Mountain Party candidate, filed a Certificate of Announcement this January, stating that he lived in the Harpers Ferry Magisterial District. Meanwhile, he reportedly filed a Certificate of Announcement for the 2024 election — which he lost — that stated he lived in the “Charles Town” Magisterial District.
While running as a write-in candidate for Ritchie County Commission, Larry Ashley Jr. listed his address as one in Pennsboro. The State Election Commission said that Ritchie County Clerk Angela Hardbarger sent a letter to the Pennsboro address to inform Ashley that his Certificate of Announcement had been processed.
That letter reportedly came back to the clerk’s office, returned as undeliverable. Hardbarger later testified that she’d heard from the West Virginia Division of Motor Vehicles (DMV) that Ashley was now living in Doddridge County. His Doddridge County DMV registration was received by the State Election Commission.
A change to West Virginia law in 2009 switched the power to determine contesting of a county commissioner’s qualifications to circuit court, per the State Election Commission’s order.
“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. 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.”