Five Citizens File Suit Requesting Grand Jury Investigation

CHARLOTTE CO. – In a legal proceeding filed in Charlotte County Circuit Court on December 9, 2021 by “Five Concerned Citizens” v The Voter Registrar of Charlotte County, The Board of Supervisors of Charlotte County and The Virginia Department of Elections lists 15 allegations regarding the November 2021 election.

 “The Five” request a Special Grand Jury Investigation in Charlotte, to secure the Registrar’s Office and that “the members of the governing boards involved be placed on administrative leave until the court can ascertain the extent of their involvement and that a Special Master be appointed and empowered to conduct the day to day activities of the office of the registrar as well as the county administrator and county executive until such a time as the investigation into the conduct of the officials involved is complete and the citizens of the county have been assured that this public nuisance has been abated.”

The complaint lists 15 allegations regarding the integrity of the 2021 election followed by a request to investigate 70 additional allegations. The document states, “THE FIVE respectfully request that the Special Grand Jury and the Special Master(s) also look into but not be limited to the following unverified litany of questions:”

1. That there are known irregularities in the election that have led to Electoral Board Member Glenwood Dean Foster withdrawing his certification of the 2021 election due to missing ballots and discrepancies in the absentee ballot counts and the accounting of those ballots.

2.         That the registrar, when initially confronted with these absentee ballot problems gave the Chair of the Democrat Party what appeared to be conjured up false reports.

3.         In late October, when confronted a second time he immediately left his office and travelled by automobile to the Chairman of the Board of Supervisors Office. Later that day he filed a false and unfounded complaint against the Chair with the Virginia Department of Elections.

4.         The Virginia Department of Elections was updated in detail at this time about the goings on with the registrar and the Chair of the Board of Supervisors.

5.         The Virginia Department of Elections deemed the complaint to be unfounded.

6.         A few weeks later, when confronted by a Charlotte County Electoral Board Member about the problems with the absentee ballots on November 8, 2021, the registrar again drove to the Chair of the Board of Supervisors office and later that day swore out a false and unfounded protective order against the Electoral Board Member.

7.         When the emergency protective order was heard on November 12, 2021, the judge ordered the registrar to produce the absentee ballot information.

8.         On November 23, 2021 the circuit court ordered the registrar to “report to this Court how many ballots were cast in the Bacon/Saxe District for the Board of Supervisor position in the most recent election, and the Charlotte County Registrar must also certify that the persons signing the petitions were registered voters at the time they signed the petitions”.

9.         That the current voter registrar tendered his resignation on Friday December 3, 2021 in the courthouse, apparently having decided he would prefer that option to turning over the absentee ballot information he was ordered to produce by the judge in that matter.

10.       The protective order was dismissed.

11.       To date, many ballots remain unaccounted for and the election results remain uncertified.

12.       This information has been reported in detail to the Commissioner of the Virginia Department of Elections since the above incidents took place and they have refused to do anything about it.

13.       A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be.

14.       “As a general proposition, the fact that certain things are injurious to public morals is sufficient to render them public nuisances.” Pope v. Commonwealth, 131 Va. 776, 793, 109 S.E. 429,435 (1921)

15.       The continued existence of this ongoing and improper behavior destroys the public’s confidence in the electoral process and the county executive and as such constitutes a public nuisance.

WHEREFORE, Pursuant to Virginia Code Section 48-1 THE FIVE hereby move this Court, or the judge thereof in vacation, to summon a Special Grand Jury, in the mode provided by law, to the next term of such court, to specially investigate such complaint. Further, due to the extent of the breach of the registrar’s office and the apparent multi-county reach of the graft and corruption here in Charlotte County, and in the interest of fairness and equity, Plaintiff’s move that this Special Grand Jury empanel a prosecutor and citizens from localities not related to Charlotte County by Judicial District, State of Virginia Election District, or common geographic boundary, and that this outside Special Grand Jury be given full access to all files and records from any previous local grand jury or local prosecutor looking into the matters herein.

Further, to protect against the destruction of evidence related to the above listed, and below listed activities, the Plaintifrs move that This Honorable Court Order that the Charlotte County Registrar’s office be secured in all manners and guarded until such a time as the local Sheriff, the Virginia State Police or Federal Investigators if necessary can secure all the documents and electronics involved. That the employees of the county, and the members of the governing boards involved be placed on administrative leave until the court can ascertain the extent of their involvement and that a Special Master be appointed and empowered to conduct the day to day activities of the office the registrar as well as the county administrator and county executive until such a time as the investigation into the conduct of the officials involved is complete and the citizens of the county have been assured that this public nuisance has been abated.

THE FIVE respectfully request that the Special Grand Jury and the Special Master(s) also look into but not be limited to the following unverified litany of questions:

1.         Was there election fraud?

2.         Were election results intentionally manipulated?

3.         Were supervisors or other county officials involved in this election fraud?

4.         Was there election fraud involving absentee ballots?

5.         Was there mismanagement of the absentee ballot process?

6.         Why were ballots not properly cured?

7.         Why were ballots not tracked?

8.         Why were ballots not counted or miscounted?

9.         Why were ballots misplaced?

10.       Why were ballots destroyed?

11.       Were votes bought for $20 each?

12.       Why did the registrar’s office need a new $1,300 paper shredder?

13.       Why were ballot requests and info on those making the requests not entered into the Virginia Veris Software System as required?

14.       Why were proper management reports from the Veris System never generated or given to the electoral board members as required?

15.       Who accessed the Veris System? When, what for, and were these unauthorized reasons?

16.       When the registrar resigned on December 3, 2021, why did the county administrator keep his “assistant” on board allowing continued access to the Veris software?

17.       Given what is known, and the specific request of the Board of Elections member immediately after the registrar’s resignation to lock down the office and place all on administrative leave immediately, was this “assistant” given continued access to cover up the illegal activity?

18.       Was the Veris system improperly used?

19.       Why did the registrar allow systematic violation of Virginia and United States Law regarding elections and voting, in particular, those involving election and ballot integrity?

20.       Why did the registrar fail to communicate with the Charlotte County Electoral Board?

21.       Why did the registrar withhold information required by the Electoral Board?

22.       Why did the registrar fail to comply with FOIA Requests?

23.       Why did the registrar fail to follow security protocols regarding ballots and personal information?

24.       Why did the registrar remove security systems from the registrar’s office?

25.       Why did the registrar fail to secure doors to the registrar’s office?

26.       Why did the registrar allow unauthorized access to the registrar’s office, polling places and vote counts?

27.       Why did the registrar fail to be present for vote counting as required by law?

28.       Why did the registrar lie to and misleading observers about the time and place of ballot counting?

29.       Why did the registrar hide ballot counting from observers?

30.       Why did the registrar fail to pay legitimate bills incurred by the registrar’s office?

31.       Why did the registrar misuse of funds?

32.       Why doesn’t the registrar’s office have a postage meter or debit card any more?

33.       Why does the registrar fail to maintain or follow a budget.

34.       Why did the registrar lie on time sheets, most recently regarding February 9th and 1 Ph, 2021; June 30, July 2, and July 6, 2021; September 6-10, 2021; and, August 20, 23, and 27, 2021.

35.       Why did the County Administrators tolerate this conduct, not just for 2021, but for many years prior?

36.       What was the extent of the county administrator’s involvement?

37. Why did the registrar fail to submit properly approved time sheets?

38.       Why did employees without authorization approve time sheets?

39.       Why did the registrar not pay, or unnecessarily delay payment of wages earned by poll workers?

40.       Why did the registrar start and run private businesses without reporting the activity to the Electoral Board?

41.       Why did the Will Garnett v. Shane Newcomb Supervisor election, showing tied at 253 to 253 when the polls closed swing to Garnett when 13 absentee votes were counted for him, and none for Shane Newcomb?

42.       Why does it still show as a tie on the Virginia Department of Elections Excel Spreadsheet for 2019?

43.       Why and when was the previous registrar hired by the current registrar as a consultant and why was this hidden from the electoral board?

44.       Why did the previous registrar suddenly retire?

45.       Was it because of fraud and misrepresentations to the public directly related to the referendum to block solar industrial utilities in the county? (Case Number CL20-273)

46.       Did the registrar mislead and misdirect those involved in the referendum?

47.       How exactly were the intervenors in the case involved with the registrar?

48.       Why is the solar developer that intervened in the referendum case actively communicating with election officials to this day?

49.       Is the solar developer involved with the registrar’s office, and if so, why?

50.       How long has the solar developer been working in the county?

51.       Why did the registrar not purchase electronic voting devices funded by the supervisors and designed to prevent fraud for three years now?

52.       Was that the registrar’s decision?

53.       Why did the previous registrar enter a polling place after voting had closed and the doors had been locked ”to work on a machine” after she had retired?

54.       Why does the registrar run to Chair of the Charlotte County Board of Supervisor’s office whenever he is questioned about the missing ballots, absentee ballot problems and other illegal activity?

55.       Are these visits with the Chair of the Charlotte County Board of Supervisor’s for guidance on how to cover up or deflect attention from illegal activity?

56.       Are other supervisors involved?

57.       Is the Chair of the Charlotte County Board of Supervisors acting alone, or is the Charlotte County Board of Supervisors in its entirety in fact running and manipulating the registrar’s office?

58.       Are the current and previous county administrators actively involved?

59.       Was it the registrar’s idea to abuse legal process to file frivolous complaints against those who question the ongoing illegal activity or demand·accountability and integrity in the local elections?

60.       Or was it the Chair of the Charlotte County Board of Supervisors?

61.       Why is the registrar fomenting racial division by facilitating the leadership of the local NAACP in the illegal intimidation of Electoral Board Members and their organized sabotage of the Charlotte County Democratic Party?

62.       Or is it the Chair of the Board of Supervisors directing this behavior?

63.       Was it the registrar that came up with the idea to close the county’s two predominantly minority polling stations?

64.       Or was it the Chair of the Charlotte County Board of Supervisors?

65.       Is this the registrar’s scheme to facilitating the disenfranchisement of minority and impoverished voters?

66.       Or is it the Chair of the Charlotte County Board of Supervisors?

67.       Why is it that these problems and the associated illegal activity regarding Charlotte County Elections is well known and understood by Commissioner Christopher E. Piper and his staff at the Virginia Department of Elections, yet they refuse to intervene, or do anything at all about it?

68.       Why are members of the Charlotte County Planning Commission, Charlotte County Industrial Development Authority and other multi county boards involved in these activities?

69.       Why has the Charlotte County Board of Supervisor’s allowed the registrar’s office to effectively be taken over by a few individuals who exert undue influence over the registrar and facilitate, conceal, and participate in this illegal activity?

70.       Were the previous investigations or grand juries regarding this matter unduly influenced or corrupted?

County Administrator Dan Witt offered no comment beyond that the matter has been referred to VACORP which is the Virginia Association of Counties Group Self-Insurance Risk Pool.

While the election related questions appear to be reasonable and should be addressed by the former registrar Eric Goode and the County Electoral Board some of the other questions appear to be unrelated to current events.