Executive Summary
‘Tim Griffin - Outline of Key Dates
December 17, 2017 by Tim Griffin (“TG”) as the
date he began residing 2
This is an Airbnb in
Forest. Based on Court testimony, itis
believed that the date of “2017” is a typo
and that the actual date he began residing in
Forest was in 2019.
‘Source: Interrogatory Answers, signed
under Oath on November 20, 2620.
December 17, 2019 ‘This appears to be the actual date that TG
‘began living at the Airbnb in Forest
‘Source: Court testimony on November 3,
2021, audio tape transcript
‘March 7, 2020 ‘TG begins serving as the Chairman of the
Bedford GOP
July 5, 2020 TG is charged with a violation of Maryland.
Jaw ...” Feed, Touch, Tease, Frighten,
Intentionally disturb wildlife.” The address
for TG on the Cour citation
pLynchburg, VA (this was
‘the former ‘of his mother in
Lynchivurg) ~ far beyond the 30 Days
allowable by State Law to change one’s
driver’s license,
‘Court Hearing set for 10-2-20
RECEIVED APR 06 2023July 31, 2020
October 2, 2020
‘November 3, 2020
November 20, 2020
June 2021
‘November 2, 2021,
‘This is the date that TG provided the Court
as the date that at w
resided ati
According to Court testimony, TG lived at
the Forest address for about 8 months in
2020, after which he never returned (not
even for one night), The Court testimony
from the owner of the Airbnb is that there
‘was no rental agreement or any other kind of
written agreement with TG.
TG used the address of the Airbnb
‘as his “personal
for the next year and a half.
‘Source: Court testimony from the owner of
the Airbnb on November 3, 202) and
Interrogatory Answers from TG, signed
under oath on November 20, 2020.
TG did not appear for Court on 10-2-20, an
Axrest Warrant was issued on 10-30-20,
‘TG votes in General Election (AB 10-6-20)
‘TG files Interrogatory Answers — signed
under Oath and states: “The address where I
resided from Nover ic until
J
‘ince that time, ] have
‘been working on the campaign out of state
(primarily in Michigan) and I have not had
a local residence.” (Emphasis added)
Source: Court documents
‘1G votes in Republican Primary Election
(AB 52-21)
7G votes in General Election (AB 9-30-21)‘November 3, 2021
‘November 22, 2021
Lynchburg Circuit Court enters Final Order
in domestic matter with TG's former wife.
The issue of TG’s residency and/or
permanent residence was addressed
extensively. Judge states that TG was
“essentially homeless.”
‘The owner of the testified that
TG lived at
residence for about 8 months, but left over a
year and a halfago. He fold the Court that
TG had not retumed since that time, not
even for one night. He told the Court that he
and TG had not had any written rental
agreement, or any written agreement of any
kind. He told the Court that be did not have
an issue with TG using that location as his
“address” to receive mail. He was
represented to the Court as an acquittance of
TG.
‘The Circuit Court Judge stated that am
Airbnb is not a residenee or permanent
address (emphasis added). Neither TG nor
his attorney provided the Court with an
actual address to place in the Order for TG,
after the Court took a brief recess to allow
TG and his attorney to discuss the “addross”
matter. After the brief recess, TG’s attorney
told the Court“... basically does not
have a permanent address.” ‘The Judge
stated that he would was not going to put the
Airbnb address in the Order as Mr. Griffin's
address because an Airbub is not a
permanent address. ‘The Judge stated that
TG did not have a permanent address.
Source; Audio transcript from Court
proceeding
‘TG appeals Circuit Court Order to the
Virginia Court of Appeals,‘March 2022,
October 14, 2022
October 18, 2022
‘November 8, 2022
December 22, 2022
‘TG represents himself, TG uses the
address of
as his address on the Court pleadings
‘Source: Court of Appeals documents
TG re-elected as Chairman of Bedford GOP
‘TG pulled over for speeding in Maryland
and arrested for outstanding warrant on
Failure to Appear from two years earlier.
Elkridge Drive address handwritten in on
court documents.
Virginia Court of Appeals hands down
decision and rules against TG on all 3 points
taken up on appeal, Case is remanded to the
Lynchburg Circuit Court to determine the
amount of attorney fees to be awarded to his
former wife
‘Source: Court of Appeals documents
‘TG votes in General Election (AB 10-6-22)
Maryland case resolved — TG pays a fine is
and is placed on unsupervised probation for
‘one year (beginning on 12-22-22). The
‘Maryland Court file shows that there were
‘numerous unsuccessful attempts 10 contact
TG at the
16 uso he In
all communication with the Maryland Court
Source: Maryland Court documentsJanuary 20, 2023
March 2, 2023
‘March 20, 2023
Hearing in Lynchburg Circuit Court to
determine amount of the award of attormey
fees to former wife.
TG tells ie aurent residence
‘TG refers to this as a “garage,”
‘Source: Audio transcript from Court
‘TG changes his voter registration in Bedford
at the Be ‘Registrar's Obnce.
TG files paperwork to run as a candidate for
the Virginia HDS3 Legislative seat ~
8 jination — using
the! address
‘TG posted (in pertinent part) the following.
‘statement on Facebook: “Let me be clear, I
live in Forest, Virginia, The residence where
‘lay my head down at night is the same
address where J am registered to vote at,
‘This is in Forest, Bedford County, and
within the House of Delegates District 53. 1
was at this address before I filed to run in
this race. My voter registration status is
clear, and there is nothing that would
prevent me from running for House of
Delegates.”
“As I traveled out of state, I retained my
home address where still received mail,
‘even wien I was physically present in other
states. There is no requirement under
‘Virginia law that someone who travels for
work, change their physical voting location
from state to state as they fight for clean
clections. A voter may set his ONE
domicile or residence and register to vote
there. My home has always been, and
always will be central Virginia. (Emphasis
in original) .,.1 have always maintained one
voting residence.”Issues Presented:
Virginia Law (Section 24.2-101, Code of Virginia), requires a registered voter to be a
“Resident” of the Commonwealth and of the precinct in which he offers to vote,
“Resident” (as defined by the 24,2-101)
“for all purposes of qualification to register and vote, means and requires both
domicile and a place of abode. To establish domicile, a person must live in a
particular locality with the intent ta remain. A place of abode is the physical
lace where a person dwells.” (Emphasis added)
‘A “short-term rental” ~ such a5 the AirBnB that he rented by
definition cannot be a location that one lives “with intent to remain,” Additionally, per
‘T's own submitted Interrogatory Answers as well asthe sworn testimony of the
property owner Charles Gibson, TG did not spend a single night there after July of 2020.
‘The AirBnB owner, Charles Gibson, additionally testified that there was no rental
agreement in place to supercede the AirBnB arrangement, This fails both the “domicile”
and “place of abode” requirements.
Interrogatory Answers submitted on November 20, 2020 and Court Testimony on
November 3, 2021 reveal that TG left the idress on July 31, 2020,
and never retumed. Neither TG nor his attomey provided any physical location at which
‘TG had resided in the Commonwealth of Virginia since July 31, 2020. The Judge at the
Circuit Court hearing held on November 3, 2021 stated that TG had not had a permanent
address (i.e, place of abode) for the last year and a half and was “essentially homeless.”
Virginia Law (Section 24.2-401, Code of Virginia), allows a registered voter to vote in
one additional federal election after they leave their residence — in this case the 2020
federal election.
“A person who is qualified to vote except for having moved his residence from
one precinct to another within the Commonwealth may vote in the precinct from
‘which he has moved in the following November general election and any
intervening election unless his registration has been transferred or cancelled as
provided in this chapter.
Virginia Law (Section 24,2-417.1, Code of Virginia), allows three specific exemptions
where requirements for domicile & abode are partially waived. These exemptions are the
American Conservation & Youth Service Corps, the military, and the merchant marine,
and also apply to a spouse or dependent of a military or merchant marine member.
“In determining the residence as defined in § 24.2-101 and the domicile and place
of abode of a participant in the American Conservation and Youth Service Corps
provided for by federal law (42 U.S.C. § 12685 et seq.), there shall be aresumption that a participant in the Corps who was domiciled and had a place
of abode in Virginia at the time of entering the Corps continues to be domicited
and retains the same place of abode unless the participant expressly states
otherwise,
In determining the residence as defined in § 24.2-101 and domicile and place of
abode of a military or merchant marine spouse or dependent, there shail be a
‘Presumption that a military or merchant marine spouse or dependent who has
established physical presence and a place of abode in the Commonwealth shall
also have established domicile in the Commonwealth unless the spouse or
dependent expressly states otherwise. Once residence is changed, the military or
merchant marine spouse or dependent may not revert to any previous residence
without re-establishing new physical presence and intent to remain or return.”
TG fails these exemptions because he is not a member of the American Conservation &
Youth Service Corps, the military, or the merchant marine ~ but even if he were eligible
for these exemptions he would stil fal this exemption because he “expressly stato(®)
otherwise” in the Interrogatory Answers he swore and submitted under penalty of perjury
on November 20, 2020 where he renounced his residency and stated that he no longer
lived at hc AIRING rnd had not since July 31, 2020.
Following the November 2020 federal election, TG failed to further update his address to
a now residency after previously renouncing the Elkridge address,
‘Virginia Law (Section 24.2-500, Code of Virginia) states:
“Tn order to qualify as a candidate for any office of the Commonwealth, or of its
governmental units, a person must be qualified fo vote for and hold that office. In
order to hold any office of the Commonwealth or its governmental untts, elective
by the people, the candidate must have been a resident of the Commonwealth for
‘one year next preceding his election and be qualified to vote for that office.”
At what location did TG re-establish residency so as to meet the qualification of
residency within the Commonwealth for the “one year next preceding his election”?
Administrative Code Section 1VAC 20-40-20.B speaks to the required intent for voter
registration.
“B. Pursuant to the requirements of § 24.2-404 D of the Code of Virginia, the
following shall apply only in determining a person's residence under Article It,
‘Sec. I of the Constitution of Virginia and Tltle 24.2 of the Code of Virginia,
1.A person who intends to remain in a location for an unlimited time has
established the intent required to establish domicile,
2. A person who intends to remain in his current location for an unlimited
me has established the intent required to establish domicile even if he mayJeave upon the happening of a future contingency. Examples of such furure
contingencies include, but are not limited to, a change in job status or
location, graduation from school, military transfer deployments or other
relocations, and medical emergencies.
3. A person who presently intends to leave his current location at a fixed and
Certain date may not have established the intent required to establish
domicile depending on the facts and circumstances of each case, as
determined by the registrar, with all due consideration given to persons in
the circumstances contained in 1VAC20-40-30 B,
4. A person who applies to register to vote in a precinct for the primary
purpose of registering to vote or voting in that precinct has not established
‘the intent to establish domicile there,”
“TG has attempted to establish residence in a detached garage owned by a friend for the
purposes of establishing a voter registration residence on the same day that he filed to run
for office with the Republican Party in the 53% House of Delegates District, Per zoning
office records this garage appears to both lack a full bathroom, and a certificate of
‘occupancy, as well as the property itself appearing to lack the proper zoning ordinance to
have a detached apartment from the regular living quarters of the house. No reasonable
person can reach the conclusion that TG intends to “remain in the location (garage) for an,
unlimited time” (VAC 20-40-20.B1). As such, he fails the requirement of intent for
establishing domicile,
It also appears that TG has failed the requirement for 1VAC 20-40-20;B.4, TG changed
his voter registration address on March 2, 2023 to TT 2 same
day he filed to run for the Republican nomination for the House of inthe 53%
District. This plainly fails the requirement that “a person who applies to Tegister to vote in
a precinct for the primary purpose of registering to vote or voting in that precinct has not
established the intent to establish domicile there.”
‘Case law is clear on this matter in the matter of Ubrin v, Nygaard, 101 Va. Cir, 252, 2019
Ya. Cir, LEXIS 54 (Virginia Beach Mar, 5, 2019). “The candidate did not have the intent
to establish residency at an apartment in the district, but only intended to acquire an
address in order to ran for city council as a representative of the district.”
It is not a difficult nexus to connect the voter registration address change to the candidate
filing within the same few hours of proximity as a case of TG registering to vote in a
precinct for the primary purpose of voting in that precinet as a requirement to run for
office, and thus not establishing the intent to establish domicile there.
Conversely, in the same set of circuit court opinions regarding a candidate establishing
new residency & domicile, the candidate (Dixon) was able to establish a legitimate
residence at a new address by demonstrating that “the candidate had not spent a night at
the old residence after moving.” We know via the testimony of the homeowner at theElkridge Dr address that TG has not spent a single night there since July 2020, Further
solidifying, in conjunetion with TG's own cout filing, that this residence has been
renounced and that no residency was re-established prior to the one-year residency
requirement window preceding the date of the election for which TG seeks to be a
candidate,
On all of these items, TG fails the requirements for establishing residency and domicile,
‘and is neither a qualified voter, nor an eligible candidate to run for office in 2023 in the
Commonwealth of Virginia,
For these reasons, we as qualified voters of Bedford County believe Timothy Paul Griffin
is improperly registered and hereby challenge his voter eligibility according to VA Code
24.2-429 and ask that he be removed from the voter rolls.
Pr
sigy