GOP demands action by Registrar to protect privacy of votes

Fairfax, VA – On Friday, Oct. 17, the Fairfax County Republican Committee sent a letter to General Registrar, Eric Spicer, demanding he take action to correct the error in the design for the absentee ballot return envelope for the November 4, 2025, General Election that can expose the voter’s selection.

The Fairfax County Office of Elections is sending a return envelope for absentee ballots that exposes the voter’s mark for only one candidate, the Republican Attorney General Jason Miyares. Secrecy of the ballot in election law is designed to protect voters from coercion and intimidation. Fairfax County election officials have created several risks with this envelope design, including a risk that mailed ballots could be selectively removed before being tabulated, potentially violating both federal laws and state laws including 24.2-1001, 24.2-1005.2, 24.2-1009, 24.2-1012, and 24.2-1015.

“This is a very serious issue: it risks the integrity of the election and undermines voters’ confidence,” said Katie Gorka, Chairman of the Fairfax County Republican Committee. “The risk to the voter of sending an unsecure ballot through the mail is not only a violation of federal law but violates the privacy we all expect at the ballot box. It exposes votes for the critically important statewide Attorney General’s race that has seen national media attention in recent weeks.”

The letter outlined the demands by the GOP Committee of the Fairfax County registrar to correct this grievous error: “We request that the Fairfax County Office of Elections take the following actions to mitigate voters’ concerns by issuing a statement in the media, at the Fairfax County Office of Elections website, and in Fairfax County Office of Elections social media, citing the security risk created in the ballot return envelope design, with the following content:

1. Instruct and encourage absentee ballot recipients who have not yet returned their absentee ballots to turn in all ballot materials including the return envelope at a polling place and to vote in person.
2. Instruct and encourage absentee ballot recipients who have already returned their absentee ballots to confirm that their ballots have been received using the site https://fairfaxco.ballottrax.net/voter/. If the returned ballot has not been received, encourage the voter to contact the Fairfax County Office of Elections at voting@fairfaxcounty.gov.
3. Instruct voters whose only option is to vote by mail that they should insert their marked ballot into the return mailer envelope in a way that does not expose their selection for the Attorney General race.”

As of October 15, 2025, 84,062 voters had been sent absentee ballots, 77,583 in the U.S. Of these ballots which were sent, 29,106 ballots had been returned by mail and 3,366 by drop box, with 495 absentee ballot recipients voting in-person instead.

“Registrar Spicer and his office must take action today and make it clear to voters how they can vote in the privacy and reassure the millions of citizens that their ballot is secure and accurately counted,” stated Gorka.

For more information or to speak with Ms. Gorka, please contact media@fairfaxgop.org.