GERALD GRAY LAW FIRM
A PROFESSIONAL CORPORATION
221 MAIN STREET
P.O. BOX 929
CLINTWOOD, VIRGINIA 24228
GERALD L. GRAY
TELEPHONE276-926-4607
FAX 276-926-4739
E-MAIL ggray@dcwin.org
June 1, 2005
Willie Mae Kilgore, Registrar
POB 1892
Gate City, Virginia 24251
Re: Your position as Voter Registrar for Scott County
Dear Ms. Kilgore:
I represent Rex McCarty, who is the Democratic candidate for the House of Delegates, First Legislative District. He will be running against your son, Terry, for that position. It's not unusual or illegal for a registrar to be related to a candidate, particularly in the rural areas of our state. You are in a very unique position of also having another son, Jerry, on the ballot, for governor. I doubt that this sort of combination has ever occurred before.
I know that you are very proud of them, and want to help them win their elections in any way that you can. However, your position as Voter Registrar requires that you be completely impartial in the performance of your duties.
The citizens of Scott County must have full confidence in the integrity of the election process. In order to assure that confidence, I respectfully request that you resign from your position, to remove any doubts about how the registrar's office conducts the election. The Gate City election which was conducted by your office last year gave the citizens good cause to question the manner in which it was done. Not only was the election thrown out, Gate City now has the very first court-appointed Town Council in the history of our Commonwealth. The responsibility for that failure lies with the electoral board and your office. All of the electoral board members have resigned.
In addition, the Scott County Circuit Court Judge has appointed a Special Prosecutor to investigate election fraud in the Gate City election. The cloud of that investigation also throws an unfavorable light on your office.
Certainly, you are presumed to be innocent of any wrongdoing, and in fact no charges have been placed against you or any of your associates.
To avoid the appearance of impropriety, you should resign.
With Best Regards,
Gerald L. Gray
c: Scott County Electoral Board members
Jean Jensen, Secretary, State Board of Elections