Del. Elliott Pritt, R-Fayette, speaks on the House floor March 14, 2026. Pritt was arrested on July 22, 2026 and faces one count of enticement of a minor. (Photo by Perry Bennett/West Virginia Legislative Photography)
The state Republican Party can Del. Elliott is unlikely to replace Pritt on the Fayette County ballot even if he resigns his seat after his arrest for seducing a 15-year-old girl.
A bill introduced by a Republican lawmaker who is also chairman of the Republican Party and signed into law last year now limits how the state GOP can handle Pritt’s seat before the November election.
Pritt, a public school teacher, was arrested on Wednesday and accused Enticement of a minor. He appeared before a federal judge the same day and is now being held in a Kentucky prison.
The child’s family recently reported to law enforcement that the girl had been sexually abused by Pritt, 36.
A federal one 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 five to 10 times.
Pritt has not yet resigned from the House after being urged to do so by House Speaker Roger Hanshaw. The West Virginia Republican Party also called on Pritt to resign his seat.
Pritt also did not withdraw from the vote this November, with all 100 seats in the House of Representatives up for election. It is a different process than resigning as an MP.
Pritt was first elected to the House of Representatives in 2022 as a Democrat switched to the Republican Party in 2023.
He had no opponent in the spring primaries.
Deak Kersey, deputy secretary of state, said if a candidate withdraws from the ballot, the vacancy on the ballot cannot be filled from the candidate’s political party.
“This is new to West Virginia elections, passed by (House Bill) 4350…In this scenario, the outgoing 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 The invoice was passed in 2024 and came into effect early last year. It was sponsored by Del. Josh Holstein, R-Boone, who is also chairman of the state Republican Party.
“Should the seat become vacant, by whatever means, the party will follow the standard procedure for filling a vacancy set forth in WV Code §3-10-5 and governed by state law and the West Virginia Republican Party bylaws,” Holstein said. “As for the ballot replacement, the WVGOP will release details at a later date.”
The Democratic challenger is in the race Matthew Andersona special education teacher in Fayette County.
West Virginia Democratic Party Chairman Mike Puschkin told West Virginia Watch that the party’s “primary concern continues to be the victim or victims of Elliott Pritt.”
“Republicans and Democrats alike were united in condemning the horrific allegations against him and calling for his immediate resignation. That must remain the focus,” said Pushkin, who also represents Kanawha County in the House of Representatives as a Democrat.
Pushkin voted against Holstein’s bill changes that Appointment of candidates after the application deadline.
“The law is clear on this matter. In 2024, Del. Josh Holstein authored, sponsored and sponsored House Bill 4350, a law that prohibits political parties from replacing a candidate so 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 the urging of Del. Holstein. Those who write our laws have a responsibility to know them and follow them.”
The Republican Party could nominate a candidate to replace Pritt due to disqualification, including a felony conviction, before the 84th day before Election Day. Pritt was charged but not convicted of a crime.
“To be disqualified, it must come from a judge (e.g through a conviction) or the State Election Commission upon written application. The grounds for disqualification are essentially inadmissibility,” Kersey said.
Disqualification must occur by August 11th.
The death of a candidate also entitles the party to nominate another candidate.
There are currently nine Democratic representatives in the House of Representatives.
Del. Evan Worrell, a member of House leadership, asked Gov. Patrick Morrisey to call the legislature into a special session to take care of Pritt’s seat if he doesn’t tender his resignation. In this scenario, Pritt could potentially face expulsion from the House of Representatives.
The Legislature must meet to vote on formal punishment for Pritt. Hanshaw has already relieved Pritt of all House duties; Pritt previously served as deputy majority leader.
