On October 17, 2025, Fairfax County Republican Committee Chair Katie Gorka sent a formal letter to the Fairfax County Office of Elections raising concerns over the design of the absentee ballot return envelope for the upcoming general election.

In her letter, she warned that the envelope could expose voters’ selections—specifically for Republican Attorney General candidate Jason Miyares—potentially violating ballot secrecy laws. Gorka urged election officials to take immediate corrective action, including notifying voters, advising them to vote in person when possible, and ensuring all ballots remain secure and confidential.

Fairfax voters are encouraged to stay vigilant and pay close attention to how their ballots are handled and recorded. If you notice anything unusual—such as exposed ballot markings, missing ballots, or other irregularities—please report it immediately to Pollwatchers@FairfaxGOP.org. Protecting the secrecy and security of every vote is essential to maintaining public confidence in our elections.

October 17, 2025
Mr. Eric Spicer
General Registrar
Fairfax County Office of Elections
12000 Government Center Pkwy
Fairfax, VA 22035

Dear Mr. Spicer,

On behalf of the Fairfax County Republican Committee, I am writing to express our concern that the Fairfax County Office of Elections chose to use a design for the absentee mail-in ballot return envelope for the November 4, 2025, General Election that potentially exposes the voter’s selection for Republican Attorney General candidate Jason Miyares.

The Fairfax County Office of Elections’ use of a return envelope exposing the voter’s mark violates the secrecy of the ballot, a cornerstone of American election law 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.

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 dropbox, with 495 absentee ballot recipients voting in-person instead. As a result, a large number of incidents may have occurred resulting in violations of the secrecy of ballots. All candidates on the 2025 Fairfax County ballot may have suffered harm, as well as voters who mailed an absentee ballot. We are seeing growing
expressions of concern about this on social media.

When Fairfax voters return their absentee mail-in ballots, they can opt to surrender the ballot and vote in person; put the ballot in a monitored drop box at a polling place; or send the ballot through the mail. The greatest risk is sending the ballot through the mail.

The United States Postal Service’s performance is insecure for elections, as noted by Department of Elections Commissioner Susan Beals on September 4, 2024, in her testimony to the General Assembly Privileges and Elections Committee: “If I had to name what my biggest concern is for the 2024 general election, it would be the operational performance of the United States Postal Service.”
https://virginiageneralassembly.gov/house/committees/commstream.html

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, also to be mailed to all Fairfax County absentee ballot recipients, 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.

We request that the Fairfax County Office of Elections acknowledge receiving our official complaint and inform the public as to the next steps they will take to secure the election.

Sincerely,

Katharine C. Gorka
Chair
Fairfax County Republican Committee
4246 Chain Bridge Road
McLean VA 22030
Cell 703-[REDACTED]
K[REDACTED]@[REDACTED]