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Conservative party investigates Virginia split vote, mail-in ballots

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FIRST ON FOX: A conservative policy group is launching an investigation into Virginia’s constitutional amendment vote after a court blocked the certification of the results, raising new questions from critics about how the poll was conducted and whether election procedures were followed properly.

The America First Policy Institute (AFPI) is launching a multi-pronged investigation focused on the handling of mail-in ballots and allegations of classroom political influence, Fox News Digital has learned.

The move comes as the legal battle over the amendment heats up, with more cases pending and the Virginia Supreme Court set to hear oral arguments on Monday.

AFPI’s legal team said the first phase of its investigation will include records requests from several Virginia counties seeking access to documents related to voter registration and absentee voting during the election. The requests addressed how requests were processed, how ballots were distributed and received, how they were stored and under what guidelines election officials were working.

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A person walks to vote in Virginia’s redistricting referendum at Lyles-Crouch Traditional Academy, Tuesday, April 21, 2026, in Alexandria, Va. (Julia Demaree Nikhinson/AP Photo)

The group says those items are public records required under Virginia law and must clarify whether due process was followed.

“The questions we’re asking are not complicated,” said Leigh Ann O’Neil, AFPI’s chief legal officer. “Was the election conducted according to federal and state law? Did teachers unfairly turn students into a private army? And, if so, what will the school district do about it? These are fundamental questions that demand answers no matter how you vote Tuesday.”

The second part of the investigation focuses on Fairfax County Public Schools, where AFPI is seeking records related to public classroom materials and instruction.

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Signs encouraging early voters to cast a yes or no vote in Virginia's redistricting ban.

Signs encourage early voters to vote yes or no in Virginia’s redistricting referendum at the Ellen M. Bozman Government Center in Arlington, Va., Tuesday, March 31, 2026. Early voting continues across the state for Virginia’s redistricting referendum. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

According to this group, some parents have said that teachers comment on parents’ political beliefs and encourage students to persuade their parents how to vote for the referendum. AFPI says that, if confirmed, such conduct may violate state law, federal law and school district policy governing political activity in publicly funded classrooms.

The group said it is also sending a letter to the Fairfax County superintendent urging an internal investigation into what it described as “largely related to reports of collective voter influence.”

The investigation comes amid an escalating legal battle over the amendment. A Virginia court has already moved to block the vote’s approval, and the dispute is now headed to the state’s highest court.

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Abigail Spanberger speaking at the Virginians For Fair Elections event in Woodbridge Virginia.

Virginia Gov. Abigail Spanberger speaks during the Virginians For Fair Elections campaign event in Woodbridge, Va., on April 18, 2026. (Graeme Sloan/Bloomberg via Getty Images)

There are currently three legal challenges pending in Virginia courts, including a lawsuit filed by state Republicans, which the Virginia Supreme Court will hear Monday. There is also a separate lawsuit filed in Richmond by GOP attorneys. John McGuire and Rob Wittman and the challenge in Tazewell County, where District Court Judge Jack Hurley ruled the poll unconstitutional. An appeal is expected from Virginia Democrat Attorney General Jay Jones.

A decision in the underlying case could come within weeks, with courts under pressure to act ahead of Virginia’s first case and late July deadlines for voter registration and mail-in ballots.

AFPI said its investigation is aimed at ensuring transparency as the legal process progresses, arguing that if election procedures are followed properly, the records will prove it — and if not, Virginia voters deserve answers.

The Virginia Supreme Court hearing will be streamed live, allowing the public to follow the arguments as the case progresses. Meanwhile, AFPI said that its investigation will continue in stages, with further findings and applications in the coming weeks.

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The Virginia Department of Elections and Fairfax County Public Schools did not immediately respond to Fox News Digital’s request for comment.

Fox News’ Bill Mears and Mark Meredith contributed to this report.

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