SHE CAN’T GET THIS RIGHT?

The special election (See www.pwcvotes.com.) for Prince William County’s Clerk of the Court, scheduled for April 18,2017, has been a relatively quiet affair, but we do have some funny fireworks.  So here is a reminder to vote and a few details about what I hope was just a snafu.

Who is running for the job?

Smith apparently is either an inexperienced candidate, or she is devious. The Republican Party of Virginia seems to think her devious, but I will give her the benefit of the doubt.

BREAKING: PWC, Manassas, Manassas Park Democrat Activists Distribute Illegal Sample Ballots

In a special election in Prince William County, Manassas City, and Manassas Park City local Democrat Party activists are handing out illegal ballots with intent to fool voters! The “sample” ballots have an official seal on them with a disclaimer from the local electoral board and a marking for the Democrat candidate. The problem is all three of these issues run directly counter to our state’s election law!

Even more ironic, the special election is for the Clerk of Court position which oversees the areas courts. Local Democrat Party activists are breaking election laws in an attempt to insert someone to oversee the court system!

We will not let the Democrats get away with this travesty! RPV has notified the authorities and is fully prepared to take legal action to ensure this election is not rigged against our candidate.

Make sure to let the local Dem candidate know that we are on to her supporters illegal dirty tricks. Call her campaign at 571-529-9379! (from here)

What the picture shows is a flyer held over a sample ballot. Since it lacks detail, I am guessing the picture is just a picture someone took with a cellphone.  The sample ballot is marked for Jacqueline Smith. Apparently, Smith’s campaign just took the official sample ballot off ww.pwcvotes.com (see that ballot here) and edited it. That’s a no-no, and a lawyer ought to know that.

Here is the official guidance from Virginia Department of Elections. Note that the “§” references are to sections in the legal Code of Virginia.

7. Sample Ballots:

a. On sample ballots, any official authority statement of a local electoral board or the State Board of Elections must be deleted, and replaced with the publishing candidate’s or group’s authority statement (or “disclaimer”). § 24.2-622.

b. For federal offices, the disclaimer required by federal law must be used. For all other offices, the required identification on campaign material is specified in the Code of Virginia. For details, see the State Board of Elections website or call Department of Elections.

c. Samples of any ballot (or part of a ballot) cannot be printed on any shade of white or yellow paper and must contain the words “ SAMPLE BALLOT ” in type no smaller than twenty -four point. § 24.2-622.

d. The voter is allowed to carry sample ballots and campaign material into the polling place but must not display them to other voters. §§ 24.2-622, 24.2-604.

(from here)

Because they copied an official sample ballot and printed it on blue paper (They know they are Democrats.), they got some of it right, but anything else they could have gotten wrong, they got wrong.

If Jacqueline Smith cannot prepare a sample ballot right, we probably should not trust her with the county’s official records. Please vote for Jackson Miller (R).

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8 thoughts on “SHE CAN’T GET THIS RIGHT?

  1. List item 7a) is not supported by the section of the law it is citing. Section § 24.2-622 does include the requirements covered in item 7c) (color, “sample ballot” imprint) and 7d) (distribution), but no provisions regarding removal/alteration of authorization notices. If there were a requirement to change the authorization notice, I would expect it to be included in a section dealing specifically with sample ballots.

    So, could you please point me to the actual section of law, that Jacqueline Smith and/or her campaigners have violated by distributing these sample ballots, marked as such in big print and printed on blue paper? It may come from sample ballots being considered advertisements, but I’d like to see the respecitve sections of the legal code. As the accomponying flyer will likely feature an authorization notice, I do not think the sample ballot would need an additional one.

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      1. This still does not cover my primary point: the Dos-and-Donts claim you quoted that “any official authority statement of a local electoral board or the State Board of Elections must be deleted”. I did not find a provision like that in the legal code. Keep in mind, it’s the main allegation featured on the GOP page you linked to.

        As for your section addressing authorisation requirements, the devil is in the details, see the definition of “Print Media” in http://law.lis.virginia.gov/vacode/title24.2/chapter9.5/section24.2-955.1 , specifically the last sentence:
        If a single print media advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face.

        I am no lawyer either, but I do think the allegation you raise is standing on shaky grounds. The comment was meant as a heads-up, not a definite ruling.

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        1. @marmoewp

          http://law.justia.com/codes/virginia/2010/title-24-2/chapter-9-5/24-2-956/ requires a candidate to disclose who sponsored the sample ballot. If a candidate leaves the following statement on the ballot, that is going to confuse people.

          Authorized by Electoral Board of
          County of Prince William
          9250 Lee Avenue, Manassas, VA 20110-5554

          If it is okay to leave that authorization, why not add other names like Trump, Obama, Bill and Hillary Clinton, Angela Merkel…….? Since Germans are world famous for being orderly and efficient, I expect Jackie Smith would love to have Merkel’s endorsement. For Clerk of the Court? It would be great to have her Merkel’s endorsement. Anyway, it is a funny thought.

          Thanks for the comment. Thank also also for the Easter wish, and the same to you and yours.

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