Group files suit in Virginia arguing Fairfax Co violates state law on accepting absentee ballots

Group says county accepting ballots without requiring last four digits of Social Security number violation state law, constitution

Published: October 22, 2021 3:21pm

Updated: October 22, 2021 3:39pm

The Public Interest Legal Foundation has filed a complaint and motion for an injunction in Virginia against the Fairfax County General Registrar and three members of the county's election board that claims they violate state election law. 

The complaint was filed Wednesday on behalf of the election integrity group Virginia Institute for Public Policy and argues Fairfax County is violating Virginia law by accepting and approving applications for absentee and mail-in ballots that do not include the last four digits of the applicant's Social Security number, as required under state statutes.

The legal foundation says the requirement to provide the ID numbers protects the right to vote and ensures Americans' right to vote because a ballot has been sent to someone else.

 PILF also argues the county is Virginia Constitution’s Anti-Suspension Clause, which the group argues, requires that laws passed by the Virginia’s legislature are “supreme to any act by a local government employee or even the governor himself. This is important because it restrains election officials in Virginia from disregarding and replacing election administration laws.”

"Fairfax County is not following the rules for absentee ballots," said group  President J. Christian Adams. "These rules exist to protect the right to vote and must always be followed to ensure free and fair elections. Virginians deserve a gubernatorial election that follows the rule of law."

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