One of four election fraud charges against Blacksburg Town Council member Liam Watson was dismissed by a Circuit Court judge Tuesday.
The grand jury indictment in question alleged that Watson listed a false address on official paperwork that certified his qualifications as a candidate in the Nov. 7, 2023, election for a seat on the council.
Watson
But as a write-in candidate, Watson was not required to fill out the form, defense attorney John Fishwick argued. That the form be required by state law is 鈥渁n essential element of the offense that the Commonwealth must prove beyond a reasonable doubt,鈥 Fishwick wrote in his motion to dismiss.
Chief Deputy Commonwealth鈥檚 Attorney Patrick Jensen wrote in court papers that he 鈥渂elieves the defendant鈥檚 legal position is correct.鈥
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In addition to dismissing the felony charge, Montgomery County Circuit Judge Robert Turk granted a motion by prosecutors to postpone until Dec. 15 Watson鈥檚 trial on the remaining three charges.
A key witness will be out of town and unavailable to testify at a jury trial that had been scheduled for July.
One of the remaining charges alleges that Watson falsely attested that he lived in a rental home on Milhurst Street in Blacksburg when he filled out a candidate鈥檚 statement of organization form. That form is required by state law to show, among other things, that someone actually lives in the jurisdiction they seek to represent.
For at least part of the time during his campaign, Watson was living in his parents鈥 home in Montgomery County, according to court documents and earlier testimony.
Watson 鈥 who at the time was 24 years old and believed to be the youngest person elected to the council 鈥 is also accused of listing 502 Milhurst St. as his home on a voter registration application, and for later voting in an election for which he was not qualified to cast a ballot.
The Milhurst property is owned by a company linked to Blacksburg Mayor Leslie Hager-Smith, who said earlier that she did not know whether or not Watson was living there. She has since declined to elaborate.
During a state police investigation, Watson was questioned about whether he was living at the address during his run for council. He repeatedly said that he was, until a state police agent told him that utility records obtained through a search warrant showed there was no electricity use at the home during the time he claimed to have lived there.
At that point, Watson requested an attorney and ended the interview, according to earlier testimony.
Not long after Watson was indicted in July, the town council asked him to consider taking a leave of absence while the charges were pending. Watson declined, saying he looked forward to his continued service.
More recently, council members voted unanimously to censure Watson for unrelated actions that, they said, have 鈥渆roded trust鈥 since he was elected.
Among the conduct listed in a resolution were disparaging remarks about the council鈥檚 vote on funding for emergency services and Watson鈥檚 comments to federal officials expressing his concerns about mail delivery as a council member, without seeking input from the other six members.
Watson abstained from the Feb. 11 vote, while saying that he 鈥渨holeheartedly disagreed鈥 with the rare censure resolution.
鈥淚t is disappointing that my fellow council members have brought a resolution to censure me for simply doing what I have always done since taking office, and that is passionately representing my constituents,鈥 he said at the time.
Watson has previously worked as press secretary for the state Democratic party and in 2021 unsuccessfully sought the party鈥檚 nomination to run for a seat on the Montgomery County Board of Supervisors.
Since he was charged, Watson has sought to have his election fraud charges dismissed on a variety of legal grounds. None of the motions filed by Fishwick was successful 鈥 until Tuesday.
