Attorney General Ken Cuccinelli
Colin Small, 31, a resident of Pennsylvania was charged with four counts of destruction of voter registration applications, eight counts of failing to disclose voter registration applications and one count of obstruction of justice.
He was caught by a the owner of a store in Harrisonburg, Virginia, who became suspicious of the contents tossed into a trash can on the last day to register, October 15. The eight voter registration forms had 3 applications that were already registered and 5 that were not registered. The registrar has since added the 5 on the voter roles.
Strategic Allied Consulting, a registration firm now being investigated for submitting fraudulent registration forms in Florida. The Republican National Committee paid more than $3 million to SAC but cut ties when the fraud was discovered. Small was quickly fired said Virginia Republican Chairman Pat Mullins.
Good luck getting the Republican dominated Electoral Board to investigate. Two of three members are appointed by the Republican governor.
Virginia state Senator Donald McEachin of Henrico wrote the attorney general asking him to investigate.
Letter to Senator McEachin from AG Ken Cuccinelli:
Dear Senator McEachin:
Over the past few days, I have read reports in the news media regarding your request for my office to investigate the alleged dumping of voter registration forms in Harrisonburg. An investigation into this matter is absolutely warranted, and the local authorities are currently conducting one. Tampering with voter forms is a serious crime, and I believe that this allegation should be thoroughly investigated.
Moreover, as a state lawmaker who serves on the Senate Privileges and Elections Committee and as someone who ran for attorney general, you undoubtedly know that my office does not have the authority to investigate election matters unless explicitly requested to do so by the State Board of Elections, a local commonwealth’s attorney, or a local electoral board member (see Virginia Code § 24.2-104). No such request has been made to date; and, therefore, by law, I do not have the authority to undertake the investigation you have suggested. My hands are tied in this matter.
However, regarding future election matters, I would be happy to support a legislative effort by you in the next General Assembly session to provide investigative authority to the Office of the Attorney General in relation to vote tampering and voter fraud. As you know, then — and only then — would my office be able to fulfill your request to investigate such matters without a formal request from the State Board of Elections.
Thus, I agree with the sentiment reflected in your statements that the Office of the Attorney General should have concurrent authority with commonwealth’s attorneys to investigate and prosecute violations of our election laws, such as the destruction of voter registration forms. The current system is cumbersome and less effective than it would be if the prosecutors of the Office of the Attorney General could work across all of our local jurisdictions to punish violators.
I appreciate you focusing attention on this severe shortcoming in our election laws, and I look forward to working with you to improve the protections in Virginia law for the right to vote — one of our most important and precious rights.
Kenneth T. Cuccinelli, II
Attorney General of Virginia