On Oct. 29, Virginia Judge Michael Devine dismissed a lawsuit filed by the Virginia Institute for Public Policy alleging that election officials in Fairfax County improperly accepted absentee ballot applications.
The timing of the decision is notable, with the gubernatorial election scheduled for Nov. 2.
The judge dismissed the lawsuit on technical grounds, and not on the merits, ruling that the plaintiffs lacked standing.
According to the Epoch Times, the Virginia Institute for Public Policy’s complaint alleged that Fairfax County did not require mail-in ballot applicants to include the last four digits of their social security numbers, in violation of state law.
The practice of accepting such ballots is unique to Fairfax County and, they argued, opens the door to voter fraud.
Devine ruled that according to state code, the suit could only be filed by “an aggrieved voter,” a campaign’s party, or a candidate. Devine noted that, as a non-profit organization, the Virginia Institute for Public Policy did not meet that criterion.
J. Christian Adams, a spokesperson for the Virginia Institute of Public Policy, said, “It is unfortunate that an important election will take place with the registrar of the largest county in Virginia breaking the law.”
“It isn’t fair to change the rules in the middle of the game,” Adams continued. “Fairfax is the only county [in Virginia] breaking the law.”
Some fear the ruling will impact Tuesday’s gubernatorial race. The Epoch Times reports that the Fairfax County Office of Elections did not immediately respond to a request for comment.
Former President Donald Trump released a statement on Monday endorsing Youngkin and commenting on the integrity of Virginia’s election system, stating: “I am not a believer in the integrity of Virginia’s elections, lots of bad things went on, and are going on. The way you beat it is to flood the system and get out and vote.”
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