JUDGE RULES IN FAVOR OF VIRGINIA VOTERS

Julia Tanner

Julia Tanner, LWV-VA Action

Ruling allows absentee voters to remain safe during COVID-19 pandemic

In a win for voting rights, a Lynchburg judge ruled today that absentee voters are relieved of the witness signature requirement for Virginia’s June 23 primaries. 

“We are pleased the court saw the pressing need for relief for Virginia voters,” said Deb Wake, president of the League of Women Voters of Virginia, which brought legal action challenging the witness requirement during the COVID-19 pandemic. “Because of today’s decision, voters will be able to cast their ballots in safety without risking their health to locate a witness.”

Currently, Virginia voters choosing to vote absentee must open, mark, and refold their ballot in the presence of a witness, and then have the witness sign their ballot envelope. In light of COVID-19, this witness requirement would effectively bar many voters, including members of the League of Women Voters, from the ballot box, because the novel coronavirus is spread during close interpersonal contact. The witness rule jeopardized public health in exchange for access to voting, a pillar of our democracy.

Federal and state authorities support social distancing for public safety, including during elections. Virginia is under public health measures including a stay-at-home order and a self-quarantine recommendation for people over age 65. 

Judge Moon’s consent decree today accepts a settlement between the plaintiffs and Attorney General Mark Herring in connection with the June 23 primaries. As a result, voters in Virginia’s June primary election may return their absentee ballots without a witness signature if they believe they cannot safely have a witness present. 

Vishal Agraharkar, senior staff attorney with the ACLU of Virginia, stated, “We applaud the court’s decision to approve this reasonable compromise for the June primary. The State Board of Elections should do the right thing and waive the witness requirement for all other elections affected by the COVID-19 pandemic. In this and every election, eligible voters deserve more opportunities to vote and have their ballots counted.”
 
“The court’s action preserves the right to vote for Virginians who cannot risk their health to obtain a witness signature in the middle of the COVID-19 pandemic,” said Davin Rosborough, a senior staff attorney with the ACLU’s Voting Rights Project. “This settlement is a common-sense solution that protects both public health and democracy.”

“Today’s decision was the right call to protect Virginia voters’ health as well as their right to vote,” said Chris Carson, president of the board of directors of the League of Women Voters of the United States. “As states around the country grapple with how to administer elections during the COVID pandemic, they should follow Virginia’s lead and put voters first.” 

The League of Women Voters commended Judge Moon’s decision and urged voters to promptly request their absentee ballots from the Virginia Department of Elections or VOTE411.

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