The Virginia NAACP says it is paying $20,000 for a FOIA request into Attorney General Jason Miyares’ Unit of Election Integrity. On Monday, the organization issued a press release suggesting that the unit is unnecessary and that the high price for the requested information is meant to protect the unit from scrutiny. The organization followed up Tuesday with a press conference at the Virginia Capitol.
“There is simply no legitimate justification for the creation of this Unit, except to pander to the election deniers and conspiracy theorists whose own rhetoric and actions are the real force undermining public confidence in our elections,” Virginia NAACP President Robert Barnette said in the Monday release. “For the Attorney General to invoke the concept of ‘purity’ in elections in announcing this Unit is particularly alarming to Black Virginians, who have for generations endured racial discrimination, intimidation, and violence intended to prevent them from participating equally in our democracy.”
Miyares’ spokesperson Victoria LaCivita responded in a statement, “It is an absolute insult to the Attorney General to falsely claim that he, as the first Hispanic ever elected to statewide office in Virginia, is trying to intimidate and prevent Virginians of any color or background from exercising the rights that were denied to his own family members. The right to vote is one of the bedrock freedoms that brought the Miyares Family to the United States to begin with.”
In September, Miyares announced the creation of the 20-member unit to investigate and prosecute election law, provide legal guidance, and work with law enforcement, saying the unit fulfilled a campaign promise. At the time, LaCivita said that most of the members wouldn’t be focused on election integrity full-time, and said that neither the Virginia Department of Elections nor the office of the attorney general had seen evidence of election fraud in 2020 that would have changed the results in Virginia.
In a Tuesday press release, Barnette said, “Given the lack of information and transparency, we’ve requested records related to the establishment of this new Election Integrity Unit, its organization, mission, staffing, activities, and financial expenditures. We’ve also asked for records regarding the number of instances of voter fraud, or ‘election cheating’ as the Attorney General has claimed, in Virginia since 2008.”
He was incredulous that the requested documents about the unit and the number of incidents weren’t readily available, noting that the OAG had indicated that 500 man-hours from staff and lawyers would be required to answer the request, costing $20,000.
“And the Attorney General’s demand that the NAACP pay $20,000 or more for that collection and review by his staff is plainly excessive. This dubious demand appears designed to dissuade the State Conference from exercising its right under state law to bring these documents into public view,” Barnette said.
“The Virginia State Conference of the NAACP will not be dissuaded. We will not back down. We will hold the Attorney General accountable and shine a light on this Election Integrity Unit,” he said. “That’s why we will pay the nearly $20,000 deposit under protest that the Attorney General demanded for his staff to start collecting and reviewing these documents.”
Virginia law allows government agencies to charge enough to recover costs associated with producing records, but a Virginia FOIA guide warns that shouldn’t be a source of revenue.
LaCivita said in her Tuesday statement, “Virginia FOIA law requires requesters to compensate the state government for time and resources used to fulfill their request. This is a matter of state law. We have nothing to hide, and the responsive documents will be provided in a timely manner.Â
She also highlighted the attorney general’s family’s background in communist Cuba, demonstrating that he knows the importance of every American voice at the ballot box. LaCivita said Barnette’s actions broke a promise: when Miyares took office he met with Barnette, who committed at the time to share concerns directly with Miyares before attacking him publicly.
“The Virginia NAACP is making groundless attacks that are offensive, ridiculous and without single shred of proof,” she said. “Due to the NAACP’s inappropriate and baseless attack we expect an apology on behalf of the hundreds of men and women at the Office of the Attorney General who work every day protecting the rights and freedoms of all Virginians.”
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Eric Burk is a reporter at The Virginia Star and The Star News Network. Email tips to [email protected].
Photo “Jason Miyares” by Jason Miyares.Â
