Election IntegrityFeaturedJason MiyaresPoliticsVirginiaWinsome Earle Sears

Secret Ballot Could Be at Risk in Virginia Contests

The secret ballot is at risk in a populous Virginia county near Washington, D.C., amid one of the most closely watched state elections of 2025, Republicans charge. 

The Fairfax County Republican Committee sent a letter calling for the county’s General Registrar Eric Spicer to correct the design for the absentee ballot return envelope that potentially exposes a vote for GOP Attorney General Jason Miyares.  

The letter sent Friday said Fairfax County election officials created several risks with the envelope design. 

Republicans warn that certain ballots could selectively be removed before being tabulated, which would violate federal and state laws. The problem is limited to Fairfax County, said Fairfax County Republican Chairwoman Katie Gorka.

Gorka also noted the potential exposure of a vote risks the integrity of the election and undermines voters’ confidence.

“The bigger story is that a lot of election changes were made during COVID-19. Why have we left all of the COVID-19 measures in place? No-excuse absentee voting, 45 days of early voting, and this weird paper shortage the county has apparently had since 2021,” Gorka told The Daily Signal. 

Miyares is facing a challenge from Democrat Jay Jones, a former state assemblyman, in the attorney general’s race. Exposure to how a ballot is being cast for an attorney general candidate could at least suggest which party a voter is supporting in the governor’s race between Republican Lt. Gov. Winsome Earle-Sears and Democrat Abigail Spanberger, a former U.S. House member.  

By Monday, the county office posted a statement on its homepage. 

Noting public concerns about the design of the ballot envelopes in Fairfax County, voters who are concerned about making sure their ballot is received can do the following: If you are not already planning to vote by mail, you can vote in person, early or on Election Day,” the county said in the statement. 

It goes on to offer other specific guidance:

“1.) If voting by mail, you should fold the ballot (vote selections facing in) so that the markings do not show.

“2.) You can check the status of your mail ballot at https://fairfaxco.ballottrax.net/voter/ or by calling the Fairfax registrar at 703-222-0776.

“3.) If you are concerned that your ballot was not received, you can go to your polling place on Election Day and vote provisionally. The registrar will ensure that each voter’s ballot is counted only once.”

A spokesperson for Fairfax County referred The Daily Signal to the election office’s statement but forwarded specific questions to the election office. The election office did not respond to specific questions.

The statement largely echoed the county GOP letter, which made the following three requests:

“1) Instruct and encourage absentee ballot recipients who have not yet returned their absentee ballots to turn in all ballot materials including the return envelope at a polling place and to vote in person.

“2) Instruct and encourage absentee ballot recipients who have already returned their absentee ballots to confirm that their ballots have been received using the site https://fairfaxco.ballottrax.net/voter/. If the return ballot has not been received, encourage the voter to contact the Fairfax County Office of Elections at [email protected].

“3) Instruct voters whose only option is to vote by mail that they should insert their marked ballot into the return mailer envelope in a way that does not expose their selection for the Attorney General race.”

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On April 12, 2021, a Knoxville police officer shot and killed an African American male student in a bathroom at Austin-East High School. The incident caused social unrest, and community members began demanding transparency about the shooting, including the release of the officer’s body camera video. On the evening of April 19, 2021, the Defendant and a group of protestors entered the Knoxville City-County Building during a Knox County Commission meeting. The Defendant activated the siren on a bullhorn and spoke through the bullhorn to demand release of the video. Uniformed police officers quickly escorted her and six other individuals out of the building and arrested them for disrupting the meeting. The court upheld defendants’ conviction for “disrupting a lawful meeting,” defined as “with the intent to prevent [a] gathering, … substantially obstruct[ing] or interfere[ing] with the meeting, procession, or gathering by physical action or verbal utterance.” Taken in the light most favorable to the State, the evidence shows that the Defendant posted on Facebook the day before the meeting and the day of the meeting that the protestors were going to “shut down” the meeting. During the meeting, the Defendant used a bullhorn to activate a siren for approximately twenty seconds. Witnesses at trial described the siren as “loud,” “high-pitched,” and “alarming.” Commissioner Jay called for “Officers,” and the Defendant stated through the bullhorn, “Knox County Commission, your meeting is over.” Commissioner Jay tried to bring the meeting back into order by banging his gavel, but the Defendant continued speaking through the bullhorn. Even when officers grabbed her and began escorting her out of the Large Assembly Room, she continued to disrupt the meeting by yelling for the officers to take their hands off her and by repeatedly calling them “murderers.” Commissioner Jay called a ten-minute recess during the incident, telling the jury that it was “virtually impossible” to continue the meeting during the Defendant’s disruption. The Defendant herself testified that the purpose of attending the meeting was to disrupt the Commission’s agenda and to force the Commission to prioritize its discussion on the school shooting. Although the duration of the disruption was about ninety seconds, the jury was able to view multiple videos of the incident and concluded that the Defendant substantially obstructed or interfered with the meeting. The evidence is sufficient to support the Defendant’s conviction. Defendant also claimed the statute was “unconstitutionally vague as applied to her because the statute does not state that it includes government meetings,” but the appellate court concluded that she had waived the argument by not raising it adequately below. Sean F. McDermott, Molly T. Martin, and Franklin Ammons, Assistant District Attorneys General, represent the state.

From State v. Every, decided by the Tennessee Court of Criminal Appeals…

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