Nicole Wittmann

Nicole Wittmann is running for Loudoun County commonwealth's attorney office as a Republican.

Loudoun County Commonwealth’s Attorney candidate Nicole Wittmann (R) hugged and thanked both her attorneys Tuesday night after a judge dismissed a petition claiming she was ineligible to appear on the ballot. 

Accused of falsifying a residency statement and erroneously stating she was qualified for the ballot in Loudoun, the petition brought on by local Democratic leadership sought to disqualify her from the November election.

The petitioners said they believed Wittmann was continuing to reside at a former address in Herndon.

However, Judge Richard Potter, a retired judge from the 31st Judicial Circuit Court, determined Wittmann made numerous attempts to become a Loudoun County resident and is eligible to be a candidate for the commonwealth’s attorney seat.

“The process has been very stressful because by filing the petition, which was a complete and utter lie, not only did they accuse me of something that I didn’t do, but they also put my family and our safety in danger,” Wittmann said.

The petitioners, led by Loudoun County Democratic Committee Chairwoman Lissa Savaglio, Vice Chairwoman Shelley Tamres, Avram Fetcher and Debbie Piland, claimed Wittmann's voter registration is connected to an apartment within Loudoun where Alex Rueda, a Wittmann co-worker at the commonwealth's attorney's office, lives. Wittmann filed her Declaration of Candidacy listing the Loudoun County apartment in question as her address.

Reston attorney Michael York, who represented the plaintiffs, questioned Wittmann and Rueda on where the Republican nominee spent most of her time -- an effort to determine her domicile. He also used date location points from her cell phone examination to pinpoint where she spent most of her time between February and mid-June.

“I wasn’t keeping a log. I wasn’t expecting to be sued or stalked,” Rueda answered.

Wittmann testified that it was her intention to live in Loudoun County prior to learning about the seat coming open. Current Commonwealth's Attorney Jim Plowman (R) is taking a judgeship in the 20th Circuit Court.

Wittmann said she and her husband tried to sell their home twice since moving into the Herndon residence in 2001, including once in 2013 and then earlier this year. 

Wittmann said she would stay in Leesburg between two and four nights a week while splitting time in Herndon to tend to her teenage boys, mother and godfather. Only on two occasions did she spend between five to seven days at a time in Leesburg, according to information presented in court.

Wittmann said she wanted a larger home for personal reasons and for her children to attend some of the “outstanding” high school sports programs in Loudoun County. 

The family officially moved into Loudoun in July.

Candidates running for any office in Virginia must be a resident in the state for one year preceding their election and be qualified to vote for the office they are seeking, according to the Virginia Constitution.

Wittmann is facing Democratic nominee Buta Biberaj, a Leesburg attorney, in the contest to succeed Plowman.

The Virginia Supreme Court assigned the case to Potter after local judges recused themselves.

Leesburg attorney Charles King, who represented Wittmann, doubled down on his earlier remarks, saying, “Buta should apologize for wasting everybody’s time."

“She knows Loudoun voters won't elect a candidate with a radical, liberal, criminal agenda who has never prosecuted a case, so she tried to win through the courts,” he added.

After the hearing, Wittmann said, “We’re going to keep meeting with voters, meeting with neighbors, knocking on doors and getting our message out as to why I am the right person to be the next commonwealth’s attorney."

Biberaj responded, “My commitment to Loudoun County remains steadfast – that is to bring transparency, accountability and integrity to the Office of the Commonwealth’s Attorney."

“My 'agenda' is based on the 'radical' idea that our highest law enforcement official should be honest and truthful. The lawsuit, filed by the people of Loudoun, set forth allegations that relate to her knowledge of the law and the truthfulness of her sworn statements, and are for Mr. King and her to address in court and account to the people of Loudoun."

Potter issued his ruling after spending nearly 50 minutes in his chambers following the day-long hearing.

As of Tuesday night, York was uncertain if he would seek an appeal.

(21) comments

David Gibson

Democrats can forget about winning anything as long as they choose to pick and choose only the laws they want to enforce.

The Taxpayers have had enough, No more Illegal's and work 100% with ICE to clean up the County....


The is hypocrisy at it's finest. It was the republicans that let her break the law of residency. You have to be a resident in Loudoun to vote or run for office not "intend" to be a resident as she did. What kind of judge breaks the law for something like that, a republican one.

Taxpayer have had enough of ICE. Some of them are about as low life as you can get, deporting veterans, putting thousands of American citizens in camps in immigration sweeps even with documentation (violation of the 4th amendment). It is the perfect job for white nationalists. I guarantee there weren't white put in camps in those sweeps


I support ICE and the rule of law that Congress wrote....don't like what ICE is doing, change the law? ICE are great americans working their ass off to keep America and its citizens safe.....I am ok with eliminating the dept. of education - what a collassal waste o fmoney...BHO mmm, mmmm, mmmm……..


Loudoun4, how would changing the law do a thing when ICE is breaking out current laws? Some of those in ICE might be good but you sure can’t give them a blanket statement on either statement. How does arresting American citizens in sweeps keep Americans safe? I have a lot more respect for Border Patrol, but even they get some bad apples. How is it right that when people show them their papers ICE agents still tell them “It doesn’t matter because you weren’t born in this country.” Or lie about what those arrested have said. They always use the ‘suspected gang member’ theory with absolutely no proof on people trying to escape gangs. If you are ok with getting rid of the dept. of education then you should expect many more immigrant and those will be taking our jobs. If there are no standards placed on education it will deteriorate. Then we will have to get people from other countries to do the good paying jobs.


Loudoun4, BTW you gave a prime example of why we need a dept. of education, it is spelled colossal.


Wittmann is bending the rules and all out lying. They should definitely appeal the decision. Just because she had the intent or tried her best does NOT mean she ever planned to move to Loudoun or ever actually and legally moved to Loudoun which is clearly required. Again she and the CA's office believes they are above the law and they can do whatever they want. A strong turn out in Eastern Loudoun will finish her and this redneck CA's office once and for all...go Buta!


Can you imagine if it was a dem that had tried that? She didn't even want to move to Loudoun until she heard the spot would be open.

loudoun fan

Um, Dems do it all the time. The woman that ran against Comstock in 2016 didn’t live in the 10th district. Wexton didn’t live in the State Senate District when she ran for that seat. She hustled and rented a place like Whitman did. It’s ok to have hate running through your blood. It’s not ok to be a hypocrite.


Loudoun fan. Well, that is a blatant lie. Wexton had lived in the 10th district for a long, long time, right near Leesburg. Um, republicans make up stories all the time to change facts to fit their agenda. So explain the hypocrite part.


Dems cant put up a decent candidate so they go to the fake news to find any way to disqualify a very qualified person for the position. The dem candidate is not qualified for the role, nor is the sheriff candidate that has zero law enforcement experience....when you have terrible candidates you resort to silly and dirty tricks like this...


Nothing fake, all well documented. How is Buta not qualified? Where is you reasoning? A dirty trick is when a judge and lawyer break the laws on residency by saying that she "intended" to live in Loudoun. She didn't even consider Loudoun until the day after she found out the position was going to open.


and Hillary didn't intend to bleach bit 33k e-mails, smash phones with hammers, and install in unsecure server in her bathroom….buta wants to ban ICE, a real social justice warrior -- no thanks.


Loudoun4, did you really fall for the server in the bathroom thing? really??? Another republican conspiracy theory. That was when there was a fire in their home that started in the bathroom that the lying republicans said was because of servers when it as actually the fan. So, what is fake about the fact that she didn’t live in Loudoun? Even the judge which allowed her to run said that she did it because Nicole ‘intended’ to move here. That’s your second conspiracy theory. Also, no she didn’t smash her phones, she gave them to her assistant to get rid of when she got new phones and he said some of them he had smashed with a hammer, she never told him how to get rid of them. Third conspiracy theory. Three strikes, you know what they say.

Virginia SGP

So now we know that just like Plowman ("I didn't ban him because he criticized my phony attempt to justify political games in an election year, just cause he was 'off topic'" - HA!), Wittman is willing to lie under oath. And there are no consequences apparently. When crooks run the justice system, citizens will be royally screwed.


Leaving your husband and children to live in an adjacent county solely to run for office doesn't seem very ethical regardless of whether or not it's legal. If she wanted to live in Loudoun because of our great schools and quality of life, I'd welcome her and her family with open arms. I'm a little suspicious of how she views Loudoun's residents if she didn't want to bring her kids here until she was forced to.


“I wasn’t keeping a log. I wasn’t expecting to be sued or stalked,” Rueda answered.

"I only intended to commit fraud..."

Virginia SGP

Indisputable fraud. That is what our government and court system does best these days. Non-partisan as both sides protect corrupt and unethical government officials.


Usually you wait until the end of the game to try a "Hail Mary" play. The Dems must be desperate in this race. Their concern about Buta Biberaj's electability is probably well-grounded, however, as Wittmann has the inside track, just like Sheriff Chapman and Treasurer Zurn. When it comes to managing money and law enforcement, folks just don't trust Democrats as much, even though other races may be tipping Blue.

It's clear that the fix is in. Call it the inside track if you like.


The real concern you should have why it is acceptable for a judge to say that Whittmann can break the law because she intended to move. That judge should be disbarred. Whittmann did not qualify.


Judge Potter said she made several ATTEMPTS to become a Loudoun County resident. Not what the lawsuit was filed in regards to - Wittmann did not live in Loudoun when she registered to vote - clear and simple. 80+ pings on her phone in Herndon during the time she claimed to live with her underling Rueda and 2 - count 'em 2. pings at her supposed Leesburg domicile.Neither could name a single date she definitely was staying in the home other than the 2 1 week periods helping Rueda out. Not a single witness testified she lived there other than the defendant Wittmann and her subordinate Rueda. Wittmann is a pro at skating around the system all the while seemingly truly believing that it's perfectly OK. I'd usually vote for the Republican candidate but no way in this case - If you can't trust the Commonwealth' Atty - sheesh!!

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