City Electoral Board issues referred to commonwealth’s attorney
Jeremy M. Lazarus | 4/22/2021, 6 p.m.
The Virginia Board of Elections punted Tuesday on trying to decide whether any wrongdoing occurred with the Richmond Electoral Board’s count of ballots in last November’s election.
The three-member state board led by Robert H. Brink voted to refer the complaints raised by Richmond Republicans against the city board’s two Democrats, James M. Nachman and Joyce K. Smith, to Richmond Commonwealth’s Attorney Colette W. McEachin for further fact-finding on whether any laws were broken.
The state board received statements from the accusers and from Mr. Nachman and Ms. Smith, but could not make a determination.
Mr. Brink, one of two Democrats on the state board, said that neither the state board nor the Department of Elections “have the investigative tools or authority to definitively determine the facts in this matter.”
The state board is not empowered to remove members of local boards, but can refer a removal request to the local circuit court for further proceedings. Local electoral board members are appointed by the circuit court.
The city Republican Committee and the Republican member of the Richmond Electoral Board, C. Starlet Stevens, have alleged that Mr. Nachman and Ms. Smith opened sealed envelopes with November election results prematurely and that Mr. Nachman completed the count of the votes at his home without party observers.
During the virtual meeting on Tuesday, Mr. Nachman told the board that the actions taken after the Nov. 3 election were lawful and done with the advice of the city voter registrar at the time, Kirk Showalter, whom the board fired three months later.
Mr. Nachman told the state board that referring the matter to Mrs. McEachin’s office was unnecessary as the statements he and Ms. Smith provided showed the Republican allegations are “unfounded” and “were just done in retaliation for us removing (Ms.) Showalter as registrar.”
Ms. Smith called the allegations offensive.