With all the scrutiny following the 2020 presidential election of mail-in ballot chaos, it would seem improbable that any election board official would dare to ignore election law in favor of a murky gray area where fraud can seemingly run rampant. That is, however, exactly what’s happening in Fairfax County, Virginia, where a lawsuit accuses several members of the county board of elections of ignoring state law when processing absentee requests. The law is explicit, and clear, and requires that requests for absentee ballots contain specific certain pieces of identifying information, such as the applicant’s last four digits of their social security number, to be considered a valid request.
The ramifications of the county’s actions could have an effect on the race for governor, lieutenant governor, attorney general, and control of the Virginia General Assembly. Election Day is on Tuesday, Nov. 2, so the timing of the lawsuit is crucial.
In the lawsuit, brought by the nonpartisan Virginia Institute for Public Policy (VIPP), there are allegations that not only has the Fairfax County Board of Elections requested an exemption from the law, which was denied, but they went ahead and decided to ignore state election law in other ways:
A lawsuit filed last Wednesday in the Circuit Court of Fairfax County, Virginia against the county registrar and three members of the Fairfax County Electoral Board exposed election officials’ ongoing disregard for state election law. In the plaintiffs’ concise 10-page complaint, the Virginia Institute for Public Policy (VIPP), a public-policy organization dedicated to election integrity, alleged the “Defendants are accepting and approving applications for absentee and mail-in ballots that do not include information required by Virginia law, namely, the last four digits of the applicant’s Social Security number.”
Attaching to the complaint a sworn affidavit, the VIPP noted that “as of October 14, 2021, Defendants have accepted and approved approximately and at least 339 absentee and mail-in ballot applications that do not include the required portion of the Social Security numbers.” The complaint further alleged that the county officials continue to approve applications for mail-in and absentee ballots that lack the legally required final four Social Security digits.
Why would they do this if for no other reason than to try and drive up Terry McAuliffe’s vote totals in heavily blue Fairfax County? This liberal area of Virginia, just outside Washington, DC, is key for Democrats to win statewide and overwhelm the rest of the state, which trends more Republican.
Basic laws, such as requiring proper identifying information when granting requests for absentee ballots, are designed as simple barriers to prevent vote fraud and ballot misuse. By ignoring these requirements, county officials are begging for fraudulent votes to be tabulated and cancel out legal votes from county residents.
The law is the law, and since Virginia is no longer under a Covid state of emergency, no special accommodations have been granted which would allow the county to ignore things like signature witnesses for absentee ballots or requiring that applicants provide the last four digits of a social security number.
Despite examination of ballots which clearly do not contain the required information, a county official disputed claims that incomplete absentee ballot requests were being illegally accepted:
In a brief statement, Fairfax County General Registrar Scott Konopasek disputed that claim.
“The Office of Elections is processing absentee ballot requests in accordance with the laws of Virginia,” Konopasek said. “Voters in Fairfax County can continue to have confidence in their elections.”
The lawsuit demands that the county stop accepting applications that do not include the required numbers. It also calls on the county to track down those voters who’ve had their applications improperly approved so they can provide their numbers.
The danger, for anyone who believes elections should be open and fair, is that small infractions like this beget large infractions, and encourage lawlessness among partisan officials who are supposed to be impartial defenders of democracy:
The local motivations and the potential impact of the events on the ground in Fairfax County also make the scenario a perfect case study for those concerned about election integrity: It illustrates the modus operandi of those willing to ignore the rule of law for their preferred candidates, as well as the challenges such disregard for election law pose and the consequences to our country both large and small.
The county will likely lose in court, but with several illegal absentee ballots already accepted, it’s unlikely those ballots lacking state legal requirements will be thrown out. That outcome is unthinkable since it would seem that a simple examination would be sufficient to toss any ballot which doesn’t meet basic state requirements to be considered “legal” under the law. It undoubtedly happens every year.
