Complaints Filed Over Sample Ballot Distributed At Fairfax City Hall

FAIRFAX CITY, VA — The campaigns of two candidates running in the Nov. 8 election in Fairfax City have filed complaints with the Virginia Department of Elections over an independent/non-partisan sample ballot that was handed to voters Saturday outside the polling place at City Hall.

The light-blue flyer included all the names of candidates on the real Fairfax City ballot, but differed in several significant ways from the official ballot, which is yellow and what voters will see when they vote.

Across the top were the words “Independent/Non-Partisan Sample Ballot” and “City of Fairfax - General Election - November 8, 2022.”

Below that, the names for all of the candidates running in the 11th District congressional, mayor, city council, and school board races were listed. But, the names of mayoral candidate Sang H. Yi and city council candidates Kate G. Doyle Feingold, Joseph D. Harmon, So P. Lim, Jeffrey C. Greenfield, Anahita N. “Ana” Renner, and Craig S. Salewski were all in much larger type and in bold. Additionally, the oval next to each of their names was filled in, as if a voter had chosen them.
Near the bottom of the ballot, the message “Vote Both Sides” was printed above a box that read: “Paid for by concerned citizens of Fairfax City. Not authorized by any candidate or candidate’s committee.”

No one has come forward to acknowledge they created the sample ballot, which sparked two complaints to state election officials.

Incumbent city council candidate Jon R. Stehle filed a complaint about the sample ballot via the VDE’s Stand by Your Ad form on Monday.

“I believe it's critically important to know who is sponsoring material being sent out around elections,” Stehle told Patch on Monday. “People can put together whatever ballot they would like, but acknowledging clearly who the sponsor of the ad is, is in the guidance from how to do sample ballots, and we should follow that guidance.”

Related: Partisan Election Criticized In Letter From 20 Fairfax City Leaders

Laura Stokes, campaign manager for mayoral candidate Catherine S. Read, also filed a Stand By Your Ad complaint on Saturday.

“We are concerned about this ballot because it misleads voters and does not identify who these concerned citizens are,” Read said, in a statement released on Monday. “The authorization statement is not in compliance with the requirements set out by the Virginia Department of Elections for expenditures designed to influence the outcome of an election. Authorization statements, whether on a sample ballot or a mailer, are an essential part of election integrity.”

State Board of Elections to review complaints in January

Even though anyone can use Stand By Your Ad to file complaints about campaign ads used in the Nov. 8 election, those complaints won’t be presented to the State Board of Elections until its next regularly scheduled meeting in January 2023, according to Andrea Gaines, VDE’s external affairs manager.

In addition, the Virginia Code requires any person, campaign, or political committee in a local election to report whether they spend $200 or more for any ad in support of the election or defeat of any candidate. Those who spend $200 or more are required to identify themselves in the ad, but those who spend less than that can remain anonymous.

Patch has confirmed that a woman dropped off about 70 to 100 copies of the independent/non-partisan ballots in a white envelope on Saturday morning at City Hall.

[Update (11/5/2022): Shannon Duffy, a contract employee of state Sen. Chap Petersen's office, was identified as the person who dropped off the white envelope containing the independent/non-partisan ballots. Read the full story.]

The envelope also contained copies of a letter sent out last week that was signed by 20 current and former elected Fairfax City officials. The letter criticized the rise in partisanship in the current election cycle:

"We personally believe that these elections for local office should remain nonpartisan, so that all citizens can participate, and candidates can be chosen based on their merits — not their political party affiliation," the letter says.

Related: Partisan Politics Emerge In 2022 Fairfax City Mayor's Race

On Monday, Matt Stoeckel of Executive Press Inc. confirmed he was one of the people who distributed the Independent/Non-Partisan Sample Ballot outside City Hall. He even handed a sample ballot to a Patch reporter on Saturday.

Becky and Matt Stoekel are listed among the "finance committee chairs" on the flyer for mayoral Candidate Sang Yi's $5,000-a-plate fundraiser on June 24, which featured Virginia Gov. Glenn Youngkin as the event's guest of honor.

Becky Stoeckel, a 30-year city resident and chairman of the City of Fairfax Republican Committee, said that Executive Press did not print the sample ballots.

The stack of ballots probably cost $10 to copy, Becky Stoeckel said, which was well under the $200 level that would constitute a violation of the filing requirement for a campaign ad. She added that any citizen was within their rights to go out, make copies, and distribute flyers provided they followed the election guidelines.

Since 2014, Executive Press Inc. has donated $17,516 to various candidates running in Virginia, according to campaign finance filings reported by the Virginia Public Access Project.

In that same period, the company donated $5,950 to Republican-aligned campaigns or committees and $11,566 to "other" campaigns, which went to nonpartisan candidates running in city and county elections. No donations were made to Democratic-aligned campaigns or committees in that same timeframe.

Related: $210K In Campaign Contributions Reported In Fairfax City Mayor's Race

Executive Press Inc. provided an in-kind donation to mayoral candidate Yi of $2,500 for printing, according to 2022 campaign finance filings reported by VPAP. In addition, city council candidate Anahita N. “Ana” Renner reported receiving $167 from the company for "mailed event invitations."

Matt Stoeckel confirmed that Executive Press printed and sent out the letter last week that was signed by 20 current and former elected Fairfax City officials.

The letter was mailed to about 6,000 city residents, with the addresses culled from various lists, Becky Stoeckel said. She also confirmed that Executive Press' postage imprint was used on the mailers. Matt Stoeckel said the mailers were paid in full by those who signed the letter, as described on the mailer.

Brenda F. Cabrera, the city’s director of elections and general registrar, told Patch she had spoken to a young man on Saturday who was handing out the independent/non-partisan ballots to voters. She told him that although she did not know if the ballot was in compliance with code, a complaint had been filed.

“I am not the arbiter of that,” she said. “The State Board of Elections is the enforcement agency for Stand By Your Ad. Everything goes to them. I don't make complaints. But someone made a complaint to me and said they were making a complaint to the state. I would refer them to the state if they had a complaint.”

Cabrera also told Patch that Matt Stoeckel was not the person she spoke to outside of City Hall on Saturday.

Related: Fairfax City 2022 General Election: Guide To Candidates, How To Vote

The Fairfax City Charter and the Code of Virginia stipulate that candidates in city elections must run as independents and with no mark denoting party affiliation next to their name on the ballot.

Patch reached out on Monday to all city council candidates to see if they were aware that their names were going to be included on the Independent/Non-Partisan Sample Ballot. With the exception of incumbent Councilmember Joseph D. Harmon, all responded to that request.

None knew about the ballot beforehand and most said they had not authorized the use of their name on the ballot. (Read the candidate’s full responses at the bottom of this story).

Read’s opponent in the mayor’s race likewise denied involvement with the sample ballot and did not authorize it.

“Any effort to try to blame our campaign for this sample ballot is a desperate attempt to add partisanship and drama to this race,” Yi’s campaign said, in a statement released on Tuesday.

“Democrats, Republicans and Independents all across Fairfax are supporting and campaigning for Sang Yi because he has the experience to be an effective mayor who rises above partisanship.”

Cabrera said she spoke to Yi on Saturday. The candidate was present outside the polls for a period of time that day.

Read, who is running as an independent, has not hidden the fact she has a long association with the Democratic Party. She drew criticism last month for trying to insert partisan politics into the election when volunteers outside City Hall began handing out sample ballots produced by the City of Fairfax Democratic Committee showing the names of candidates the party supports.

At the top of the committee’s ballot, incumbent U.S. Rep. Gerald E. “Gerry” Connolly was shown with a “D” next to his name, but the names of Read and Stehle, along with fellow city council candidates D.T. “Tom” Ross, Billy M. Bates, and So P. Lim, appear without any mark denoting their political party. All the other candidates in the mayor and council races were etched out with a gray bar and none of the five school board candidates were included.

With “City of Fairfax Democratic Committee” printed at the top and “Paid for by The City of Fairfax Democratic Committee http://www.fairfaxcitydems.com” in a box at the bottom, it was clear who was responsible for the ballot. The same could not be said for its “independent/non-partisan” counterpart.

“The sample ballot being handed out by the Democratic Party is properly attributed,” Cabrera told Patch on Monday. “It's in compliance with what the code requires. It says at the bottom who it's sponsored by and who's handing it out.”

One other feature of the Democratic Party sample ballot that is not readily apparent is how the committee chose which candidates to recommend to voters.

Four members of the committee who are on the Nov. 8 ballot recused themselves from the decision to create a sample ballot and anything to do with collecting information and choosing candidates to endorse, according to Kathy Hackshaw, the committee’s vice chair. This included mayoral candidate Catherine Read and city council candidates Tom Ross, and Billy Bates.

Related: Fairfax City Candidates Share Views On Development, Traffic, Budget

Read's husband, Tom Greeson, also recused himself from the entire sample ballot process, according to Hackshaw. Greeson is the current committee chairman and the former president of the Democratic Business Council of Northern Virginia.

The Fairfax Democrats sent emails to all the candidates in the mayoral and city council races. Two candidates told the committee they could not respond. As government employees, they were restricted by the Hatch Act from participating in any activities that could be viewed as partisan.

“I am not affiliated with neither the City of Fairfax Democratic Party nor the city Republican Party,” Stehle said. “I responded to a questionnaire that was sent to me by the city Democrats just like it was sent to every other candidate.”

Since the origin of the Independent/Non-Partisan Sample Ballot remains unknown, it’s difficult for voters to determine what criteria, if any, was used to select the candidates it endorses.

It’s that type of transparency that Stehle, who is endorsed on the Democratic committee’s sample ballot and not the independent/non-partisan one, says is essential information for voters during an election.

“My brother lives in the City of Fairfax,” he said. “If he thought I was a terrible councilmember and said, ‘Don't vote for John,’ even though he's my brother, he's more than welcome to do that. I don't think he would. But the whole point of this is knowing who was sending the information out. That's critical to our election process.”

Candidate Statements regarding the Independent/Non-Partisan Ballot

Statement from Catherine Read Campaign (10/31/22):

"On Saturday October 29th, 2022, a group claiming to be 'concerned citizens of Fairfax City' began to distribute a ballot purporting to be an independent/non-partisan sample ballot. We are concerned about this ballot because it misleads voters and does not identify who these concerned citizens are. The authorization statement is not in compliance with the requirements set out by the Virginia Department of Elections for expenditures designed to influence the outcome of an election. Authorization statements, whether on a sample ballot or a mailer, are an essential part of election integrity. It is important that voters know from whom they are receiving communication about elections and special interests groups must register as a political action committee (PAC) if they are spending in excess of $200 to influence the outcome of a non-federal election. This ballot seems designed to make partisan candidates appear non-partisan. In the interest of full disclosure, we want voters to know that one of the people distributing the ballot is affiliated with the Republican Party and served as a finance committee chair for Sang Yi’s fundraiser with Glenn Youngkin in June of this year."

Statement from Sang Yi campaign (11/1/22):

“The Sang Yi for Mayor campaign did not, and does not authorize this sample ballot. Any effort to try to blame our campaign for this sample ballot is a desperate attempt to add partisanship and drama to this race.

“Democrats, Republicans and Independents all across Fairfax are supporting and campaigning for Sang Yi because he has the experience to be an effective Mayor who rises above partisanship.

“It’s very important that Fairfax City elections remain nonpartisan because the important issues at stake are nonpartisan issues, like the rising cost of living, land development, schools, and public safety.
“This is why Sang has not sought the endorsement of any political party. His campaign and leadership is in stark contrast to his opponent, who has no experience on the issues that Fairfax voters care most about, and who is running an extreme partisan campaign. The City of Fairfax deserves better.”

D.T. “Tom”Toss, Fairfax City Council candidate (10/31/22):

“In response to your questions, I am aware of this ‘ballot’ which was prepared and distributed without my knowledge. I only learned of it over the weekend when it was being distributed at City Hall. I was never asked about having my name listed nor was I ever made aware that this was being prepared until it was handed out.

“As a citizen and as an elected official, I am disappointed that this was prepared and published without acknowledging what organization this is and who is a member. As you are aware, Virginia Election Law requires us to submit our names and personal information on any item we prepare with regard to our election. Like other candidates I am fully transparent about this including all campaign related fundraising and expenses which are published and available to the general public. I intend to seek further information about this and who is responsible for the preparation and release of this document.”

Billy M. Bates, Fairfax City Council candidate (10/31/22):

1. “I was not aware of the sample ballot until I heard it was being passed out.
2. “No one asked permission to include my name on it.
3. “The important thing to realize about this sample ballot is that ‘independent/non-partisan’ means nothing. As you previously reported, Sang held a closed-door fundraiser with Youngkin as the guest of honor even in light of his extreme, spiteful actions as Governor. As reported by the Washington Post, Jeff Greenfield voted for a zoning ordinance amendment that Planned Parenthood felt was clearly targeting abortion clinics back in 2013. Partisanship in local government is nothing new. The sample ballot only highlights Sang Yi and the council candidates who have endorsed him (most of whom were asked to run by him and the rest of whom endorsed him when he was unopposed). This along with the fact that there is some overlap between the ‘independent/non-partisan’ sample ballot and the Democratic sample ballot, yet candidates like myself were not even asked about it, shows that Sang Yi was the only factor they considered.”

Kate G. Doyle Feingold, Fairfax City Council candidate (10/31/22):

“I had heard various rumors about residents concerned with the growing partisanship of this race and rumors about how to address the partisanship, but I had never seen this ballot. Jon Stehle texted me a photo of it on Saturday, I think he was at City Hall. No one asked my permission to include my name on the ballot. Since the ballot is non-partisan and not associated with any political party, I believe this falls within 1st Amendment protections. After reading some of the serious allegations being thrown around online, I read the VA election rules on PACs and found that an individual or group can spend less than $200 and they don't have to register as a PAC. I've had people who aren't even City of Fairfax residents sending me screenshots of twitter posts with unfounded allegations and it's really unfortunate.”

So P. Lim, Fairfax City Council candidate (10/31/22):

“Over the weekend I got a call from a couple of candidates about this sample ballot so I am aware of it. Prior to that call, I had no idea. I did not receive a call or email about it from anyone.

“If the ‘Citizens for Fairfax City’ (how it describes the group who put out this sample ballot) collectively selected me as a candidate they support for the City Council race here in the City of Fairfax, I am very grateful. However, I am not sure if the group is a registered PAC and if this is within the regulation of the Virginia Department of Elections.”

Jeffrey C. Greenfield, Fairfax City Council candidate (10/31/22):

“I was not aware of this sample ballot and my campaign did not authorize my name to be included.”

Anahita N. “Ana” Renner, Fairfax City Council candidate (10/31/22):

1. Were you aware of this sample ballot? “I was there when they started distributing it. The person gave each candidate/group a copy.”
2. Did anyone ask permission to include your name on the sample ballot? (If so, whom?) “No.”
3. Do you have a statement about your name appearing on the sample ballot? “No one asked me and, unlike the Democratic sample ballot, no one is expecting anything from me for being on this sample ballot. As one of the very few candidates who has personally knocked on thousands of doors this cycle, I have yet to meet anyone whose City related issues are what can be interpreted as ‘partisan.’”

Craig S. Salewski, Fairfax City Council candidate (10/31/22):

1. “No, I was not aware of the sample ballot.
2. “I was not asked permission to include my name on the ballot (or informed there was a sample ballot).
3. “Historically the Fairfax City Mayoral & Council elections have been nonpartisan and I'm running as an Independent. I can only assume that the group that put this sample ballot together believes that the candidates listed best represent this tradition of nonpartisanship.”