When I filed a FOIA request with the Governor’s office in Virginia, I thought I was exercising my right as a citizen to ensure transparency in government. My request focused on obtaining records related to Executive Order 35, an order issued by Governor Glenn Youngkin that mandates aggressive voter roll maintenance to ostensibly protect “election integrity.”
However, critics argue that it disproportionately risks disenfranchising voters, especially those from marginalized communities. It has since been confirmed that some U.S. citizens were removed from the voter rolls. After receiving notices of removal, these individuals contacted their local registrars to provide evidence of their citizenship, clearly demonstrating that the order disenfranchised eligible voters. By contrast, no evidence has emerged showing that any non-citizens were removed—the stated purpose of the purge in the first place.
The order faced legal challenges almost immediately, with voting rights advocates pointing to violations of the National Voter Registration Act (NVRA). A federal court initially issued an injunction to halt its implementation, citing the risk of irreparable harm to voters. Despite this, the injunction was vacated without comment by the six conservative justices of the Supreme Court, allowing the order to proceed. The three liberal justices notably declined to support vacating the injunction, reflecting a stark division over the legality and implications of EO 35.
Against this backdrop, I sought to better understand the planning and execution of EO 35 through my FOIA request. What followed has been an ongoing ordeal of bureaucratic obstruction, inflated costs, and delays, epitomizing the challenges citizens face in holding their government accountable. Despite my persistence, the process remains unresolved, and the fight for transparency continues.
The Games Begin
A week later, the Governor’s office invoked a seven-day extension, citing “staffing issues” and the scope of the request. Then came the bombshell: a cost estimate of $2,300.94 to process my request. The estimate detailed involvement from 20 staff members, with tasks as small as reviewing 0.06 hours of work, billed at rates exceeding $100 per hour.
Hoping to reduce the burden, I narrowed my request on November 15 by excluding routine or irrelevant records and limiting the timeframe. I thought this would make things easier—for both the Governor’s office and myself. Instead, I was met with a reclassification of my narrowed request as a “new” FOIA submission, effectively resetting the statutory timeline for their response and delaying the process further.
In response, I raised questions about the justification for these delays:
“The inclusion of 20 staff members, some with minimal time allocations (e.g., Staff 5 at 0.06 hours), raises questions about the necessity of such broad involvement.”
Additionally, I pointed out the problematic cost estimate and its apparent failure to account for my narrowed scope:
“The provided cost estimate does not appear to reflect this narrowed scope, particularly given the limited focus on specific individuals and terms related to Executive Order 35.”
When the DMV is More Efficient
Contrast this with my experience filing a FOIA request with the Virginia Department of Motor Vehicles (DMV) for related information. Their response was prompt, professional, and shockingly efficient. They provided a detailed cost breakdown, estimating only $20.16 for their work. The process was straightforward, and the DMV even delivered responsive documents ahead of schedule. (Yes, you read that right: the DMV was more efficient than the Governor’s office.)
You can view the full exchange with the DMV here.
ELECT’s Honest Mistake
At first, I thought the Virginia Department of Elections (ELECT) had ignored my request or was simply too busy with the recent election to respond. It turns out I was half right. They had indeed been busy, but my request had also been lost in their spam folder.
When they discovered the error, ELECT left me a voice message, profusely apologizing and assuring me that my request was now being processed. Unlike the Governor’s office, ELECT has demonstrated good faith and transparency, even in the face of an understandable mistake.
Denise Burch and the Governor’s Office
The roadblocks I’ve faced in dealing with the Governor’s FOIA office are emblematic of broader concerns about transparency under Governor Glenn Youngkin. The office is managed by Denise Burch, a Youngkin appointee. Susan Beals, who oversees Department of Elections and would be intimately involved in discussions about removing names from the voting rolls, is also a Youngkin appointee. The connection is impossible to ignore: the Governor’s office appears far more intent on obstructing access to public information than facilitating it.
What’s especially ironic is that Republicans often rail against “government bureaucracy” and the so-called “deep state,” yet seem perfectly comfortable filling those roles when it serves their interests. The same party that decries red tape has no problem tangling citizens in it when transparency might expose inconvenient truths.
A Systemic Problem
My ordeal isn’t unique. Others have faced similar barriers when requesting public records in Virginia. These tactics—delays, inflated costs, and procedural hurdles—echo broader concerns about the state’s transparency under Youngkin. This includes the controversial voter roll purge, which the Supreme Court allowed to proceed despite violating NVRA’s 90-day quiet period.
The parallels are troubling. When governments obstruct access to information or sidestep federal laws, it undermines public trust and accountability. FOIA should empower citizens, not discourage them through prohibitive fees and bureaucratic red tape.
Why This Matters
This isn’t just about my request. It’s about ensuring that Virginia’s government is accountable to the people it serves. Executive Order 35 has significant implications for voter rights, and the public has a right to know how it’s being implemented. The obstruction I’ve faced raises serious questions: What is the Governor’s office trying to hide? Why is it so difficult for a citizen to access public records about something as fundamental as voting?
What’s Next
As I wait for the Governor’s office to respond, I’m exploring my options. I’ve considered seeking an advisory opinion from the Virginia FOIA Advisory Council and sharing my story with media outlets. Transparency is a cornerstone of democracy, and I won’t back down from fighting for it.
If you’d like to read the full exchanges for yourself, you can find them here:
- Governor’s FOIA Office: Re FOIA Request Records Relating to Executive Order 35
- DMV Interaction: Re FOIA Request Records Relating to Data Sharing for Executive Order 35
Let these serve as a testament to the challenges citizens face when trying to hold their government accountable—and a reminder that these battles are worth fighting.