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McDonnell Calls for Election Reforms in Virginia

Proposals Include Call for Additional Precincts; Ending Ban on Voters Wearing Campaign Paraphernalia at Polls; Assisting Election Officials with Closing the Polls; Speeding up Receipt of Absentee Ballots; Allowing First Responders to Vote Absentee

RICHMOND - Attorney General Bob McDonnell today announced a broad range of election reforms he will support in his legislative package during this upcoming session of the General Assembly. He submitted the proposed reforms to Legislative Services over a week ago. Many of these reform proposals were sparked by issues that arose during the recent election.

Among the Attorney General’s proposals is a call to reduce the number of registered voters needed to create a voting precinct, due to instances of excessively long waits at polling places on Election Day. During this past election waits of 3-6 hours were reported in multiple locations. In addition, McDonnell proposes to allow voters to wear political clothing and campaign-related items while in a polling place. The Attorney General also proposes appointment of a ‘closing official’ at each precinct to assist fatigued election officials who have to count ballots following the closing of the polls and thereby reduce the potential for errors. He is further proposing legislation to expedite the processing of absentee ballot requests. Finally, the Attorney General will support legislation that will be championed by the Lieutenant Governor to fix problems regarding the mailing and counting of military absentee ballots. In addition to these legislative initiatives, the Attorney General also is working closely with the State Board of Elections to improve the accuracy of voter registration lists to ensure voters are not registered in multiple locations.

“Democracy is alive and well in Virginia,” Attorney General McDonnell said. “We saw that clearly this past Election Day with a record number of first-time voters. However, for our democratic process to stay healthy we must constantly seek prudent reforms and improvements based on what we learn each election.”

McDonnell continued, “Virginians waiting for hours to vote clearly demonstrates we need more precincts. Also, there is no threat to our system of fair elections when a voter wears a hat or shirt of a specific candidate into a polling place. In addition, we should do a better job ensuring that voters know where to vote on Election Day. Finally, poll workers generously give of their time and effort to make our democratic system work. They should have the help they need to get the job done. The addition of a ‘closing official’ at each polling place will ensure accurate counting of votes at the end of the day.”

Attorney General Bob McDonnell’s Election Reform Proposals

Voter Relief Measures

- Reduce Voting Lines: Lower the number of registered voters needed to create an additional precinct to expedite the voting process and reduce the time voters wait in line to vote.

- Election Paraphernalia: Amend current law to allow voters to wear campaign t-shirts, buttons and stickers within the polling place. This provision would not affect the current prohibition on active electioneering in the polling place. While not unconstitutional, the current law is an inhibition of a healthy political environment on Election Day.

- Voter Notification When Voting Precinct Changes: Require that when a voter’s precinct is changed prior to an election that the general registrar contact them via email and/or phone, if such information is available, in addition to sending a new voter registration card indicating the new voting precinct. Some voters were greatly inconvenienced waiting for long periods in line only to find out that their precinct had changed.

- Absentee Voting for First Responders: Expand absentee voting to first responders, including law-enforcement officers, firefighters, rescue squads and emergency medical personnel. Virginia does not have “early voting” like some states, so allowing these public servants to vote absentee is appropriate and reasonable.

- Absentee Ballot Measure: The Attorney General is proposing legislation to ensure that absentee ballots are sent expeditiously to the voter to allow sufficient time for voting absentee, including by overseas military members. During this election some absentee ballots were sent to voters too late for their timely return, resulting in litigation. In addition, the Attorney General will strongly support Lieutenant Governor Bill Bolling’s legislation to ensure that all overseas ballots cast by military members are counted by removing the language in state law requiring the address and signature of a witness to the voter’s signature, which conflicts with the federal law. This statute became a matter of much controversy, and was ultimately resolved by an opinion of the Attorney General.

Election Integrity Measures

- Election Official Relief Act: Require the appointment of a “closing official” to accurately count ballots and review tapes, screens and documents. Currently election officials typically work 13 hours or more prior to closing the precinct, leading to the possibility of more human errors, and more adjustments during canvassing. The closing official shall arrive no earlier than one hour prior to the close of the precinct so there is a fresh election official overseeing all aspects of closing the precinct and reporting accurate election results. There will also be a requirement for the appointment of more election officials when the local electoral board determines they are needed.

- Prevent Dual Registration and Voting: The Attorney General recommends increasing criminal penalties for a voter who knowingly votes or assists another to vote in a jurisdiction where the voter is not qualified to vote. The application to register to vote will also contain a statement informing the voter that if they vote more than once in the same election they shall be guilty of a felony. The Attorney General is also working with the State Board of Elections to develop other ways, within existing law, to maintain an accurate voter registration list to prevent voters from being registered in more than one place.

- Voter Residence: Amend the statutory definition of “residence or resident,” including the criteria for domicile and place of abode. This amendment will track language provided by Virginia courts and help clarify ambiguity that currently exists in the code. This will also require the State Board of Elections to promulgate uniform guidelines to assist local registrars with determining a voter’s residence.

http://www.oag.state.va.us/PRESS_RELEASES/NewsArchive/121608_Electi...

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Comment by BowlMeOverVa on December 16, 2008 at 9:30pm
I have to admit there is probably someone more knowledgeable here than myself. If I read his statement correctly some require state legislature approval where others require working with other state departments. Agree, these are very good, well balanced, "lessons learned" from the 2008 election. For me it was really the military absentee ballots flap in Fairfax that put Bob McDonnell on my radar. First Responders...just absolutely! Good Job Bob!
Comment by Sandy Cope on December 16, 2008 at 9:06pm
Thank you for posting this Bowl- After this past election cycle, it is critical that we have fair and honest elections. Mr. McDonnell has some terrific ideas to insure that outcome. When he is the Governor, can he institute these rules or must they be voted on by the state legislature? I particularly like the "closing official at each voting site." We have seen some bad outcomes with Virgil Goodes district, as well as Norm Coleman's in his state. How can ballots just appear? It must be the Ballot Ferry, with his bag of Ballot Ferry Dust!

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