December 11, 2013
To date, Fairfax County election officials have failed to account for a discrepancy between their report and the certification provided by the Fairfax Clerk of Court.
Obenshain counsel William H. Hurd sent a letter Dec. 9 to request an explanation for the serious ballot security issues raised in the certification from Fairfax County. The letter is available here: http://markobenshain.com/images/uploads/FFX-ObenshainLetter1.pdf
Fairfax County Electoral Board Secretary Brian Schoeneman responded yesterday evening in a letter available here: http://markobenshain.com/images/uploads/FFX-ObenshainLetter1.pdf
This afternoon, Obenshain counsel William H. Hurd again asked for an explanation regarding unanswered questions, as well as an explanation for a major discrepancy between the account in the letter sent this morning and the certification from the Fairfax County Clerk. The letter is available here: http://markobenshain.com/images/uploads/FFX-ObenshainLetter2.pdf
It reads, in part, "...there is an obvious and major discrepancy between your report and the certification provided by the Fairfax Clerk of Court. According to your report, ballots from the Tyson's precinct, both voted and unused, were found in a warehouse on November 18, 2013, and delivered to the Clerk "by staff" that same day. Contradicting your report, the Clerk's certification makes no mention of any ballots being received on November 18. Instead, the Clerk's certification states that ballots were received in his office on November 20, 2013, two days later. This discrepancy suggests a two-day gap between the time the Tyson's precinct ballots left the warehouse and the time they were delivered to the Clerk for safekeeping. This two-day gap is especially troubling since it involves not only ballots that were presumably cast legitimately on Election Day, but also unused ballots that could, in the wrong hands, provide a means for tampering. Your report makes no attempt to resolve this discrepancy, but completely ignores it."
The letter also notes, "Ballot security is an extremely important part of protecting the right to vote, and we are distressed by the lapse in ballot security in Fairfax County. Restoring public confidence requires, at a minimum, a full disclosure of the facts."
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