Electoral board rescinds policy that referred possible noncitizens to prosecutors

The Fairfax County Electoral Board voted on Feb. 19 to rescind a policy from Sept. 16, 2024 that required the general registrar to refer individuals identified as potential noncitizens to the Commonwealth's Attorney and the Attorney General. A board member moved the change, proponents argued the referrals had not resulted in prosecutions and consumed staff and prosecutor time, and the motion carried by voice vote with one member saying "nay."

Board members debating the motion said the referral process had created operational burdens while producing no clear enforcement outcomes. One member who urged rescission said the policy "has not resulted in any prosecutions" and had been a "significant use of time for staff, the Commonwealth's Attorney, and the attorney general's office" (board member speaking during discussion). Opponents said referrals were a legitimate way to flag prima facie evidence of potential violations and that prosecutorial discretion would ultimately determine whether to pursue charges.

General Registrar Eric Spicer explained how the referral list is compiled and why it can include individuals who are not current voters. He told the board the list is generated from DMV data and that the office reviews flagged entries individually before any referral: in many cases the people on the list had already been removed from the voter rolls. Spicer noted DMV errors and mischecks on the registration clipboard as recurring causes of false flags. "These people have already been removed from our list," he said during the meeting.

The board's action removes the routine requirement that the general registrar send these DMV-flagged names to prosecutors; board members emphasized that the change does not affect the legal requirement that only citizens may vote. The motion to rescind passed by voice vote with one member recorded as opposed during the roll call following the motion.