was not permitted to fill the vacancy

The state Republican Party likely can’t replace Del. Elliott Pritt on the ballot in Fayette County even if he resigns from his seat following his arrest for seducing a 15-year-old girl. 

A bill sponsored by a Republican lawmaker, who is also the Republican party chair, that went into effect last year now restricts how the state GOP can deal with Pritt’s seat ahead of the November election.

Pritt, a public school teacher, was arrested Wednesday and charged with enticement of a minor. He appeared before a federal magistrate judge that same day and is now being held in a Kentucky jail. 

The child’s family recently reported to law enforcement that the girl had been sexually abused by Pritt, 36.

A federal criminal complaint said Pritt communicated with the girl online through Robolox and Snapchat before asking her to meet him in his classroom at Oak Hill High School to engage in sexual activity, which occurred on five to 10 occasions. 

Pritt has not yet resigned from the House following a stern request from House Speaker Roger Hanshaw to do so. The West Virginia Republican Party has also called on Pritt to resign from his seat. 

Pritt also hasn’t removed himself from the ballot this November as all 100 seats in the House of Delegates are up for election. It’s a separate process from resigning as a lawmaker.

Pritt was first elected as a Democrat to the House in 2022. He switched to the Republican party in 2023.

He was unopposed in this spring’s primary election. 

Deak Kersey, deputy secretary of state, said that should a candidate withdraw from the ballot, the vacancy on the ballot cannot be filled by the candidate’s political party. 

“This is new for West Virginia elections, passed via (House Bill) 4350 … In that scenario, the vacating candidate’s political party would not have a candidate for that seat on the ballot,” Kersey said in response to questions from West Virginia Watch.

The bill was passed in 2024 and went into effect at the start of last year. It was sponsored by Del. Josh Holstein, R-Boone, who also chairs the state Republican Party.

“Should the seat become vacant, by whatever means, the party will follow the usual process for filling a vacancy outlined in WV Code §3-10-5 governed by state law and the bylaws of the West Virginia Republican Party,” Holstein said. “As for ballot replacement, the WVGOP will release details at a later date.”

The Democratic challenger in the race is Matthew Anderson, a special education teacher in Fayette County. 

West Virginia Democratic Party Chair Mike Pushkin told West Virginia Watch that the party’s “primary concern remains with the victim or victims of Elliott Pritt.”

“Republicans and Democrats alike have been united in condemning the horrific allegations against him and in calling for his immediate resignation. That must remain the focus,” said Pushkin, who also serves in the House of Delegates as a Democrat representing Kanawha County.

Pushkin voted against Holstein’s bill changing the appointment of candidates after the filing period.

“The law is clear on this matter. In 2024, Del. Josh Holstein wrote, sponsored and championed House Bill 4350, legislation that prohibits political parties from replacing a nominee this late in the election process. Because of the law he authored, the Republican Party cannot replace Elliott Pritt on the ballot,” Puskin continued. “This is not a matter of interpretation or political opinion. It is the law enacted by the Legislature at Del. Holstein’s urging. Those who write our laws have a responsibility to know them and to follow them.”

The Republican party would be able to nominate a candidate to replace Pritt on the ballot due to disqualification — including a conviction of felony — before the 84th day prior to Election Day. Pritt has been charged, but has not been convicted of felony.

“To be disqualified, it must come from a judge (e.g. through a conviction) or the State Election Commission upon written request. The grounds for disqualification are essentially ineligibility,” Kersey said. 

The disqualification has to occur by Aug. 11.

A death of a candidate also permits the party to nominate a different candidate. 

There are currently nine Democratic lawmakers in the House.

Del. Evan Worrell, a member of House leadership, has asked Gov. Patrick Morrisey to call lawmakers into a special session to deal with Pritt’s seat if he doesn’t submit a resignation. Pritt could face possible expulsion from the House in that scenario. 

The Legislature has to be in session in order to vote on any official punishment of Pritt. Hanshaw has already removed Pritt from any duties in the House; Pritt previously served as assistant majority leader.