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Virginia Attorney General sends cease-and-desist to DC nonprofit over political flyers

"Failure to vote may result in loss of social security income, Medicare eligibility, unemployment benefits," the flyer reads.

LOUDOUN COUNTY, Va. — Virginia Attorney General Jason Miyares is calling a D.C. nonprofit's controversial flyers in Northern Virginia intimidating and threatening. On Wednesday, he took it one step further by sending the organization a cease-and-desist letter, telling them to stop spreading false information.

The flyers include a warning from a group called Virginia Voter Assistance that reads "Failure to vote may result in loss of social security income, Medicare eligibility, unemployment benefits" as well as a list of other rights. 

Election officers including in Loudoun, Prince William and Fauquier Counties began receiving calls from confused residents about two weeks ago. Officials took to social media to help alleviate any concerns. 

"We have to educate, that's not something we would ever send you," Loudoun County Office of Elections, Samantha Shepherd said. 

The flyers also caught the attention of Virginia Attorney General Jason Miyares, which prompted his office to issue a cease-and-desist to the Virginia Voters Association. 

"It has come to our attention that you are distributing election-related materials," the cease-and-desist letter from Miyares to the nonprofit reads. "These statements are patently false and can serve no other purpose than to intimidate, threaten, or coerce a potential voter." 

Shepherd says she feels supported by Miyares' letter, which additionally warns of criminal penalties. 

"Misinformation in our elections will not be tolerated in Virginia," Miyares said in a statement. "The ability to participate in a free and fair election is an incredible right that is a cornerstone of American democracy."

Look Ahead America, an outreach program from the Virginia Voter Association, strongly defended the flyers days before Miyares issued the cease-and-desist. They are pushing back on claims that what they're putting out is misinformation. 

"We're not dissuaded by this. We're optimistic," said Look Ahead America Executive Director Matt Braynard. "Our attorneys are preparing a response."

Braynard says the group will comply with the cease-and-desist but argues that the message is protected by the First Amendment. 

"We're not using scare tactics, we're using truth tactics," Braynard said. "The things that we're telling our voters that are at stake in this election are things that candidates and political parties can't really tell them because if they share this messaging, they'll be scared of blowback." 

He claims the project is to encourage disaffected blue-collar and rural residents to go and vote. 

"We're underselling the danger," he explained. "We're there to wake them up to make them understand that there is real consequence that many of the solutions that they need can be accessed and realized through finally showing up and voting." 

Ultimately, officials say however people are interpreting the flyers, their vote is safe.

"Whether or not people are interpreting it a certain way, it's true, we won't take anything away from you for not voting," said Shepherd. 

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