Judge tosses GOP lawsuit seeking to remove Democrat Stacey Carroll from ballot

by Markus Schmidt, Virginia Mercury
October 21, 2025

A Stafford County Circuit Court judge dismissed a lawsuit by three local voters seeking to remove Democratic House of Delegates nominee Stacey Carroll from the ballot, rejecting claims that she doesn’t actually live in the district where she’s running.

The ruling, made public on Friday, ends weeks of uncertainty in the closely watched 64th District race between Carroll, a military veteran and accountant, and Del. Paul Milde, the Republican incumbent. 

The petitioners — Stafford County GOP Chair Steve Schwartz, Judith Anne Parker and Juliet McGee Schweiter — had argued that Carroll’s voter registration was invalid because she allegedly resides at her longtime home in neighboring House District 23, not at the address she used to qualify for the 64th.

Carroll, who previously called the allegations “false and insulting,” celebrated the court’s decision as a victory for voters.

“I am grateful that the court recognized the facts and dismissed this baseless attempt to undermine the will of the voters of the 64th District,” Carroll said in an email. 

“This lawsuit was nothing more than a failed political attempt to disenfranchise voters and deny them the opportunity to decide who is best suited to represent their community.”

She added that her campaign would now “push forward and continue to focus on what truly matters — meeting voters where they are and making the case for the strong, accountable leadership that Stafford deserves.”

Lawsuit challenged Carroll’s voter registration

The petition, filed in late August, contended that Carroll’s February voter registration change to an address on Pinkerton Court in District 64 was improper because she “continues to reside” on Bismark Drive in District 23 — a home she has owned since 2018. 

The plaintiffs said their case relied on months of observation and public records they claimed showed Carroll never actually moved.

According to their complaint, Carroll’s “primary vehicle, a white 2017 Cadillac Escalade,” was regularly seen parked at the Bismark Drive residence overnight. They also asserted that she continued to receive mail and pay utility bills there and that her certified public accountant license still listed the Bismark address.

At the Pinkerton Court home, which records show is owned by another family, the plaintiffs alleged they saw “no activity consistent with a change in residency.”

The petitioners asked the court to cancel Carroll’s registration in District 64, decertify her candidacy and remove her name from the ballot before the November election.

Carroll, who lives in Stafford with her husband and children, denied the allegations and accused her opponents of weaponizing residency laws to discourage voter participation, particularly among military families who move frequently.

Court rejects residency claims

In dismissing the lawsuit, the court sided with Carroll’s argument that the plaintiffs had not met the legal burden of proving she failed to establish domicile in District 64. Virginia’s Constitution and election laws require candidates to live in the districts they seek to represent, defining “residence” as a combination of physical presence and intent to remain.

Those standards, established in the 1966 Kegley v. Johnson decision and reaffirmed in subsequent cases, have made it difficult for challengers to prove residency violations without clear evidence of deceit or dual domiciles.

The judge’s ruling echoed a 2023 Chesterfield County case in which petitioners unsuccessfully sought to remove state Sen. Ghazala Hashmi, D-Chesterfield — now the Democratic nominee for lieutenant governor — from the ballot over similar claims. That challenge, too, relied on surveillance-style observations of vehicles and time spent at a previous home.

Election attorneys say such cases often hinge on circumstantial evidence and rarely succeed unless the candidate openly admits to living elsewhere.

Broader context

The Stafford case drew attention partly because it invoked a little-used provision of Virginia law allowing voters to challenge another person’s registration under Virginia Code § 24.2-431. 

Similar provisions were used in 2011 when a group of Loudoun County voters tried, unsuccessfully, to disqualify Republican House candidate David Ramadan from the ballot.

Each time, courts have emphasized that determining domicile involves not just where a person sleeps but also where they intend to make their home.

The Stafford lawsuit also named the county’s General Registrar Anna Hash, the Virginia State Board of Elections and the Department of Elections as respondents, asserting that all had improperly accepted Carroll’s voter registration.

But the court found no evidence of wrongdoing by election officials and declined to interfere with the administrative certification process.

Political implications

The dismissal comes as early voting is underway across Virginia, with all 100 House of Delegates seats and three statewide offices on the Nov. 4 ballot. The 64th District, which includes much of Stafford County, has emerged as a key battleground that could help determine control of the House next year.

Carroll, who served more than a decade in the U.S. Army and later worked as a CPA, is running on a platform focused on veterans’ services, education funding and fiscal accountability. Milde, a former county supervisor who flipped the seat red in 2023, has emphasized lowering taxes and curbing government spending.

The court’s decision removes a major distraction for Carroll’s campaign heading into the final weeks of the race.

“I thank the judge for this ruling, and look forward to continuing to serve the 64th District. Onward,” she said in the email.

YOU MAKE OUR WORK POSSIBLE.

SUPPORT

 

Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com.