Federal prosecutors filed information that indicates a former Mingo County magistrate committed voter registration fraud during the 2012 primary election.
Mingo County Chief Magistrate Dallas Toler is charged with one count of voter registration fraud, according to documents filed Wednesday by Assistant U.S. Attorney Steven Ruby.
This information is typically filed when a defendant has agreed to plead guilty and cooperate with prosecutors.
The information alleges Toler falsified a voter application in Mingo County for the 2012 primary election. He submitted an application for someone who he knew was on probation for a felony.
Toler submitted a letter to the West Virginia Supreme Court Wednesday afternoon. His resignation is effective immediately.
A spokesperson for the West Virginia Secretary of State's Office could not confirm or deny whether the office had investigated claims of voter registration fraud during the 2012 primary election in Mingo County.
Representatives from the West Virginia Secretary of State's Office spent several days in Williamson leading up to the primary election, according to a May 2012 article in the Charleston Daily Mail.
Spokesperson Jake Glance was quoted as saying, "We've been down to Mingo every day," in the same article.
Glance told 13 News his words were taken out of context.
"I think we were down there preparing for the primaries," Glance said. "We're in a lot of counties before election day."
However, the WVSOS does investigate claims based on complaints.
"Any time any allegation of election fraud comes into our office, we investigate," Glance said.
He further explained the details of a WVSOS investigation can only be released to the public once a prosecutor files a motion or information with the court or a grand jury unseals an indictment.
West Virginia Secretary of State Natalie Tennant released a statement, praising the work done by federal investigators, the State Police, and her office.
"This is a continuing example of our investigative efforts," Tennant said. "We have a partnership with federal and state authorities to make sure that the people of West Virginia can have faith in the election process and confidence in their elected officials."
Administrative Director Steve Canterbury says Supreme Court officials are deciding who will temporarily fill Toler's place and who will appoint that person.