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Former elections official in Virginia sues the state attorney general

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Former elections official in Virginia sues the state attorney general


A Virginia elections official who faced criminal charges, later dropped, over a botched vote count in the 2020 presidential election sued the state attorney general Thursday, alleging malicious prosecution.

Michele White says in the lawsuit, filed in federal court in Richmond, that her prosecution by Republican Attorney General Jason Miyares was “celebrated” by supporters of former President Donald Trump who claimed fraud in the vote count and “by those associated with the ‘Stop the Steal’ movement as a validation of their message.” The lawsuit seeks unspecified monetary damages.

Miyares’ office did not immediately respond to an email Thursday seeking comment.

White was the registrar in Prince William County, Virginia’s second-most populous county, in 2020. Miyares indicted White in 2022 on charges of corrupt conduct, making a false statement and willful neglect of duty for errors in the county’s 2020 vote count.

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At the time, there was little explanation in court papers or from public officials about exactly what went wrong with the vote count. The criminal case against White disintegrated, and in January prosecutors dropped all charges against White.

It was then that Prince William County election officials finally revealed what had gone wrong in the count. In the presidential race, the county mistakenly shorted Joe Biden by 1,648 votes and overreported Trump’s count by 2,327. The 3,975-vote error in the margin of victory was immaterial in a contest that Biden won by 450,000 votes in Virginia and more than 60,000 votes in Prince William County.

Counts were off by lesser margins in a U.S. Senate and a congressional race.

White’s successor as county registrar, Eric Olsen, said the majority of errors occurred in “split precincts,” in which one precinct is home to two congressional districts. The county’s voting system did not split the presidential vote by congressional district. The state system required them to be split that way. The errors occurred in trying to conform the county data with the state requirements, Olsen said.

White’s lawsuit contends that she was unfairly demonized even though she was not personally responsible for the errors, and that her prosecution was used to justify the existence of Miyares’ Election Integrity Unit and placate his Republican base.

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“Miyares campaigned on promises to investigate so-called threats to election integrity and fight ‘election fraud,’ echoing more explicit calls from political extremists who baselessly call into question the integrity and validity of the 2020 election,” the lawsuit alleges.

Corey Stoughton, one of White’s lawyers, who is working with a group called Protect Democracy in filing the lawsuit, said in a phone interview that White’s prosecution “created the justification for voters to continue to be deceived” about the legitimacy of the 2020 election.

The case against White was the only criminal prosecution brought by the Election Integrity Unit, which Miyares formed in 2022.



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Virginia cannabis budget language triggers legal confusion, political fallout

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Virginia cannabis budget language triggers legal confusion, political fallout


(VIRGINIA MERCURY) – Virginia’s decision to revive legal cannabis sales through the state budget instead of standalone legislation has triggered several days of confusion over the commonwealth’s marijuana laws, with lawmakers, local prosecutors, Virginia State Police and legislative officials offering differing interpretations of when key provisions take effect.

Much of the confusion focused on two issues: whether Virginia’s long-delayed retail cannabis market had accidentally been moved up by a year and whether existing criminal penalties for marijuana possession and distribution involving people younger than 21 were still enforceable.

For much of the week, the lawmakers who wrote the budget language, along with state officials, sought to settle the matter. They said licensed retail sales will not begin until July 1, 2027, and that Virginia’s current criminal laws remain in effect until then.

Virginia State Police Superintendent Col. Jeff Katz also publicly reaffirmed the agency’s enforcement position after questions arose from an internal email circulated earlier this week.

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“VSP acknowledges that there have been rumors and questions pertaining to the agency’s posture on cannabis enforcement,” Katz said in a statement on X, formerly Twitter. “I would like to make it clear that the Virginia State Police will continue to enforce existing laws, in line with the Code of Virginia.”

Read more on virginiamercury.com

Copyright 2026 Virginia Mercury. All rights reserved.



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4 indicted in Virginia double homicide; second victim ID’d as grandmother of 6

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4 indicted in Virginia double homicide; second victim ID’d as grandmother of 6


CAROLINE COUNTY, Va. — A Caroline County grand jury has indicted four people on first-degree murder charges in connection with a double homicide after DNA evidence identified the second victim as Helen Marie Pullen Banks, a grandmother of six.

The same four suspects charged in the murder of 18-year-old Jayden McComber have now been indicted in the death of Banks, who was living in the Richmond area at the time she went missing. Investigators linked the two homicides early in the investigation through forensic evidence.

Caroline County Sheriff Scott Moser said investigators “have been working around the clock” for a break in the case “not only for the community, but for the victims as well.”

The medical examiner’s office in Richmond used DNA to identify the 56-year-old Banks after her remains were found in poor condition. Investigators confirmed her identity on July 7.

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Banks, originally from Culpeper, had been living in the Richmond area where she was in rehab at the time she went missing, according to her family. She had a connection to at least one of the four suspects, according to Moser.

The four suspects — Devonti Gregory Pettaway, 20, of Chesterfield; Kennady Jade Lambert, 18, of Hopewell; Rashad Antonio Mayfield, 23, of Glen Allen; and Jaden Lamont Phillips, 19, of Richmond — now face charges of first-degree murder, use of a firearm in the commission of a felony, and conspiracy to commit murder in connection with Banks’ death. The charges represent an upgrade from the second-degree murder charges the four originally faced in McComber’s death.

WATCH: Brother of suspect charged in murder of Hopewell teen Jayden McComber speaks out

Brother of suspect charged in murder of Hopewell teen Jayden McComber speaks out

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Chief Deputy Travis Nutter outlined what investigators believe is the motive in McComber’s murder.

“We believe robbery to be the motive of the incident that happened with Jayden that ultimately led to his murder,” Nutter said.

As for the motive in Banks’ death, Nutter said investigators have not yet established one.

“There is no evidence to show that there was any sort of argument or disagreement between Ms. Banks or the four charged,” Nutter said.

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Banks was a mother of five and grandmother of six. Moser said she had no known ties to Caroline County, and that her body, like McComber’s, appeared to have been brought there from another jurisdiction.

WATCH: Neighbor reacts as suspects arrested after 2 bodies found in Caroline County

Neighbor reacts as suspects arrested after 2 bodies found in Caroline County

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McComber’s body was found in late March in a marshy area of Byrds Mill Pond near Sparta, near the Caroline and King and Queen County line. Banks’ remains were discovered about five miles away off Bagby Road. Investigators linked the two cases early on, in part because McComber’s AirTag had pinged about a mile and a half from where Banks’ remains were found.

Moser said the case has shaken the Sparta community but stressed that investigators moved quickly and that residents should feel reassured.

“Without a doubt this is a tremendous blow to the community,” Moser said. “When you come to this county and you do these types of crimes, we’re going to do everything we can to catch you… [We] are not used to these types of crimes being committed in Caroline.”

Moser credited a broad coalition of agencies for bringing the case to this point, including Commonwealth’s Attorney Ben Heidt, the medical examiner’s office, the U.S. Marshals Service and the broader community.

“Everyone has pulled together in a time of crisis; that’s what we do well here in Caroline,” Moser said. “We’ve had a lot of support from the community, a lot of information that’s been helpful in this investigation and that’s what community is all about.”

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Virginia’s voided special election cost $11.6 million

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Virginia’s voided special election cost .6 million


We now know how much it cost Virginia to hold an election that didn’t count: $11.6 million.

Of that, the state will pick up $4.99 million, leaving localities to pay the balance of $6.6 million for the April 21 special election on redistricting that the Virginia Supreme Court later ruled was placed on the ballot unconstitutionally.

The numbers come from the Department of Elections, after Cardinal News filed a Virginia Freedom of Information Act request to find out the cost of the election.

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I contacted localities small, medium and large and none said they’d have a particular problem paying their share. All said they’d already budgeted for primary elections that they expected in June. With the push to redraw Virginia’s congressional lines, those June primaries were bumped to August, putting them in a new fiscal year, so the money set aside for the June primaries was used to cover the special election on a proposed constitutional amendment to allow redistricting.

Election costs

Total cost of April 21 special election: $11,636,147

What state will pay for: $4,999,738

What localities must cover: $6,636,147

Source: Virginia Department of Elections

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The issue some localities face now is that the Aug. 4 primary becomes an unexpected expense, although all said they’d figure out a way to pay for it. “We always budget for extra elections, so I think we will have money to cover this,” said Buckingham County administrator Karl Carter by email. It cost $44,373 to run the special election in his county. Of that, the state will pay $9,019, leaving the county to cover $35,353. (Each locality submits its expenses and the state calculates a reimbursement rate based on that.)

Other local government officials had similar things to say. The cost of running elections — paying for poll workers is one of the main expenses — depends largely on how big a locality is. Elections cost more in bigger localities, but they also have bigger budgets.

In Virginia Beach, the election cost $750,533. The state will pay $265,509, leaving the city to cover $465,023. City spokesperson Ali Weatherton-Shook said the city would save enough money through unfilled vacancies to cover unexpected election expenses.

In Chesterfield County, the election cost $619,970. The state will pay $223,356, leaving the county to cover $396,613. “Chesterfield tries to plan ahead for these growing demands,” said county spokesperson Stephen Bays. “In the county’s FY2027 budget, we added $630,000 to the Registrar’s budget to help fill the gap to cover the increasing costs of elections.”  

The most expensive locality was, not surprisingly, the state’s biggest: Fairfax County. It cost $1,545,781 to hold the election there. The state will pay $655,424, leaving the county to cover $910,356. “We allocated additional funds out of carryover to address not only the special election on the amendment but a number of special elections due to both elected officials winning other seats and elected officials that went into the administration,” said county supervisor Pat Herrity, a Republican.

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The closest I came to finding a locality that felt pinched by the election cost was Dickenson County. “Unfortunately, moving the primary to August added a third election to our FY-27 budget, which was already very tight,” said Dickenson County administrator Larry Barton by email. (The other two are the fall general election and presumed primaries next June for the 2027 local and legislative elections.) It cost $39,748 to run the special election in Dickenson. Of that, the state will cover $7,802, leaving Dickenson to pay $31,946.

While officials in other localities, though, said they’d have no problem paying the expense, they also pointed out the obvious: Money is finite. “Any time you spend money it competes with critical services and/or increases the tax burden on our residents,” said Herrity, the Fairfax County supervisor.

And some said they’d welcome additional state funding. “Like many localities, Chesterfield would welcome additional state funding for special elections,” said Bays, the county spokesperson. “When state funding falls short, local dollars must fill the gap, leaving fewer resources for other priorities.”

The new state budget that the General Assembly just approved does include an additional $680,000 to help with the cost of three proposed constitutional amendments that will be on the November ballot, in addition to congressional elections and, in some places, local elections.

Since I’m writing this as an opinion column, I will go ahead and inject my opinion here: The Virginia Supreme Court could have avoided this. The court declined to rule on legal challenges to the special election before the vote, citing a 1912 court ruling involving a similar challenge to an upcoming constitutional amendment. In that case, the court held that it should only rule after the vote, on the grounds that passing a constitutional amendment is akin to passing a law — and just as a court won’t intervene until after the governor signs a bill, it shouldn’t intervene until after voters approve a constitutional amendment.

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I’m not a legal scholar, but that seems sound reasoning except for one thing: When the Supreme Court let the disputed 1912 amendment vote go forward, it was part of an election that was going to happen anyway, the 1912 presidential election — so there was no additional expense incurred. In this case, the only reason the special election was happening — and so there was expense involved. The court’s adherence to that 1912 precedent cost Virginia $11,636,147.

Of course, some might also say that Virginia Democrats cost the taxpayers that amount by skirting the rules involved in placing an amendment on the ballot, although there was legal dispute over those rules. You’ll recall that the constitutional question turned on when an election legally begins. The constitution says that the legislature must pass an amendment twice, with an election in between. Democrats contended that passing the amendment the first time in a special session in late October satisfied that requirement, because it was ahead of the November general election. The court later ruled that, legally speaking, the election really began when early voting started in September, so Democrats had misread the legal calendar. Democrats could say that Republicans are ultimately to blame, because it was President Donald Trump and Texas Republicans who started the push to redraw congressional lines to “find” more Republican districts so Democratic-controlled states such as Virginia had no choice but to respond in kind to balance things out.

Whoever you choose to blame, we can now put a dollar figure to that attempt — 11.6 million of them.

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