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Virginia county is violating election law amid governor race, lawsuit claims

Virginia County is in violation of election law during governor race and lawsuits

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According to Tuesday’s lawsuit, Fairfax County officials in Virginia are breaking election law just two weeks prior to the off-year election for gubernatorial office.

“We write election rules in advance so everybody knows what they are and everybody thinks it’s fair,” J. Christian Adams, president and general counsel at the Public Interest Legal Foundation (PILF), which represents the Virginia Institute for Public Policy (VIPP) in the lawsuit, told Fox News on Wednesday. 

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“When you start suspending rules in some counties, you run the risk that people don’t accept the results,” Adams warned. “You can’t change the rules in the middle of the game, and that’s what Fairfax is doing.”

Virginia’s election law requires that voters include at least the fourth digit of their Social Security number when they fill out absentee ballot applications. While voters can omit numbers while filling out absentee ballot applications in person at an office, they are required to include them when they send the application by mail.

This information is required by law to ensure the right to vote. It protects the way to vote because it makes sure that nobody’s ballot is obtained by someone else,” Adams told Fox News. 

J. Christian Adams, president and general counsel at the Public Interest Legal Foundation

Christine Brim is a registered voter. The Tuesday complaint was filed. Brim stated that Stephen M. Hunt, Fairfax County Election Board chairman, confirmed via email to Brim that Scott O. Konopasek was the Fairfax County General Register and that he had “initiated a procedure for approval of absentee ballot requests on which applicants have not supplied the last four digits” of their Social Security numbers.

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Fox News reported that Adams said Adams would confirm the election office’s policy to court. 

Adams observed that although election officials had inadvertently suspended law in several states in order to combat the COVID-19 pandemic before the 2020 Presidential Election, Virginia’s Constitution prohibits this practice.

“The Constitution of Virginia includes an anti suspension clause. It was written by George Mason, one of the Founding Fathers, and it said that bureaucrats in the executive branch can’t just ignore the law,” the lawyer noted. “They can’t suspend the law. They are required to obey the law. It’s the rule of law, not of men, in Virginia.”

Dominic Boudet painting of George Mason, 1750

This clause states, “All power to suspend laws or to execute laws by any authority without the consent of representatives of the people is injurious their rights and should not be exercised.”

Adams pointed out that PILF had won a case on the same constitutional provision in 2020 when Virginia Board of Elections suspended the law and allowed ballots to arrive late without a postmark. 

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Fox News requested comment from the Fairfax County Board of Elections, but it did not respond by press time.

FoxNews.com

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