SPOTSYLVANIA, Va. — A prosecutor in Spotsylvania County filed a petition for a temporary and permanent injunction against a candidate accused of distributing misleading and confusing sample ballots.
Ryan Mehaffey, the unopposed Republican nominee for Spotsylvania County Commonwealth’s Attorney, said Nick Ignacio, a Court Clerk candidate, violated Virginia election laws.
Mehaffey, a current deputy commonwealth's attorney, wants a judge to prohibit Ignacio from handing out his unauthorized ballots that voters in Spotsylvania County recently described as unethical.
“Further violations by Ignacio would not only further affect the ultimate vote county, potentially altering the outcome of these elections, but also would undermine confidence in the electoral process, potentially suppressing votes that otherwise would be cast in an election that voters believe to be free and fair,” the petition read.
The petition cited Pablo Cuadrado, who said he incorrectly voted based on the misleading ballot. Cuadrado told WUSA9 that he was handed a blue sample ballot, titled “Spotsylvania Democrats.” The longtime Democrat says he uses the ballot to guide his vote.
It wasn't until after he left the polling location, he realized that ballot was in fact not from Democrats, but from an organization called "Fredericksburg Virginia Patriots," created by Ignacio. The two sample ballots look nearly identical. However, the one from FVP, had Ignacio's name circled on it, suggesting the candidate is backed by Democrats and would be the best choice.
“If you can't win honestly, then that says something about you as an individual," Cuadrado said. "Why do you have to cheat to win? It's ugly.”
The petition said Ignacio isn’t nominated or endorsed by the Democratic Committee nor the Republican Committee in Spotsylvania County, “yet Ignacio also appears on Republican versions of FVP sample ballots that also fail to state whether they are authorized by any candidate as required by law.”
Mehaffey argued Ignacio is aggressively and persistently disseminating the false information, which included pushing Steve Maxwell for sheriff, even though Virginia law states it should state whether it's authorized by any candidate.
“Knowing the FVP sample ballots are merely Ignacio’s paid advertisements and not the actual recommendations of the political party that they appear to be is critical information for each voter in determining whether to use that sample ballot in casting their vote,” Mehaffey said in the court document.
In response to the petition, Ignacio told WUSA9 that Mehaffey’s actions are “extremely inappropriate.” He accused the prosecutor of playing politics.
“They’re not misleading,” Ignacio stressed. “They clearly say sample ballots. They’re in the confines of the law.”
Ignacio added the point of the sample ballots is to offer their recommendations.
“Political free speech, above all other forms of free speech, enjoys the highest level of protection, so simply, all we're doing is like any other party, we're recommending our candidates to voters,” he said.
Sample ballots not authorized by an electoral board are allowed to be printed and circulated, according to the Virginia Code. However, those ballots are not allowed to be printed on white paper and must have “sample ballot” written on it in a font no smaller than 24-point.
Spotsylvania County Director of Elections Kellie Acors said Ignacio spoke to her before early voting about the ballots. She said because of the vague laws, neither her office nor the Virginia Department of Elections could do much.
“I don’t have any law or backing to say, ‘No, you can’t do that,’” Acors told WUSA9. “Some laws have to change to protect those voters.”
Acors said at least 10 voters reached out to report how they mistakenly chose the wrong candidate based on the sample ballots, which have also been delivered in another color.
Mehaffey also requested the Office of Attorney General to appoint a committee to investigate. He also questioned if FVP had the right to engage in political activities.
A spokesperson for Attorney General Jason Miyares said the office reviewed the complaints and determined it falls under the jurisdiction of the Department of Elections’ Campaign Finance Office.
The petition also wants an injunction bond of $100.