Skip to content
Search

Latest Stories

Top Stories

Suit filed against Va. witness requirements for absentee voters

United States and Virginia flags
Oleksii Liskonih/Getty Images

It ended up as a second-tier dispute in the legal battle over Wisconsin's election, but now it's been revived with potentially more prominence. The question: Is it fair, or even constitutional, to require voters during the pandemic to get close to someone who can countersign their mail-in ballots?

A federal appeals court this month refused to suspend Wisconsin's witness rule, saying the potential for fraud outweighed the risks of spreading Covid-19 during close contact over absentee ballots.

The same argument will now be revisited in Virginia. The American Civil Liberties Union asked a federal judge Friday to block a similar law in Virginia, one requiring voters to find someone to witness them completing their absentee ballots.


The lawsuit, filed on behalf of three voters and the League of Women Voters, argues the law will otherwise force people who live alone or can't get to a polling place to choose between skipping the presidential election and risking their health. And the result, the claim says, could be "massive disenfranchisement" in both the June 23 congressional primaries and in November — especially of the almost one-third of Virginians older than 65 who live alone, and are in the age group most vulnerable to the novel coronavirus.

State officials signaled a response to the ACLU's filing was possible.

"Free and fair elections are at the core of our democracy and no Virginian should have to choose between their health and exercising their right to vote," said Charlotte Gomer, a spokeswoman for Democratic Attorney General Mark Herring.

Ten other states have such witness requirements. Virginia, Wisconsin and North Carolina are the only purplish 2020 battlegrounds. Rhode Island is the only blue state on the roster, which otherwise includes reliably red Alabama, Alaska, Louisiana, Mississippi, Missouri, Oklahoma and South Carolina.

Virginia's law is one of the most explicit. It says a voter who submits an absentee ballot by mail must open the envelope containing the ballot in front of another person, fill out the paper and then ask the witness to sign the outside of the envelope before it is mailed.

The state permits people to get such a ballot without having an excuse, and about 10 percent of its votes have been cast absentee in most recent elections.

The lawsuit is part of a broader campaign in courthouses across the country, by Democrats and their allies in the civil rights and voting rights communities, to use the public health crisis as a lever to ease restrictions on voting this year.

Although some Republican governors have decided to ease the rules in their states, many GOP elected officials are following President Trump's lead and opposing any loosening of restrictions on the grounds that would spur election fraud. But there is minimal evidence, at best, of such crimes.

"It's just another attempt by the Democrats to make voter fraud easier," said John March, a spokesman for the Virginia GOP.


Read More

 Side view of young African American male voter filling in ballot

An opinion piece argues that America must revisit Reconstruction after the Trump era, starting with the John R. Lewis Voting Rights Advancement Act.

Pressmaster/Getty Images

Radical Reconstruction: Looking to the Past To Move Forward

The last 11 years of electoral politics have plunged our nation into new lows: withdrawal and reentry into Middle Eastern conflicts, a politicized public health response during a pandemic, an attempted coup of the American government, and continual police brutality against people of color. Donald Trump’s existence on the political stage, in office or out, has held our nation hostage through repeated crises, leading us to the most divided time in our nation since the Civil War. The path forward for our young country doesn’t just require new ideas: we need to finally follow through on Reconstruction.

A blip in American history, Abraham Lincoln’s post-Civil War vision, called Reconstruction, was the proposed path forward for Southern reentry into American life. In exchange for loyalty to the Union and some guarantees of black civil protection, Lincoln prepared to readmit secessionist states into the Union, albeit with political restraints on numerous Confederate leaders.

Keep ReadingShow less
Ballot with "None of the Above" selected

Frustrated with the two-party system? An argument for a tripartisan alternative: an Independent Caucus of 5-6 senators with leverage over major legislation.

donald_gruener/Getty Images

The Two-Party System or What?

The evidence continues to come in -- lately from USA Facts and the Unpopulist-- that the majority of American voters don't like our two-party political system. Yet there is no consensus on what we want to replace it with.

There does seem to be an assumption that if you don't like the two-party system, then you want a political system which supports more than two parties, namely a multi-party system.

Keep ReadingShow less
Person looking at computer screen at work.

Brenda Núñez, voter registration supervisor for Nueces County, shows the home screen of the state's voter registration system in 2024. Election officials say they're still struggling to use the system, known as TEAM, to complete essential tasks.

(==Gabriel Cárdenas for Votebeat

Election Officials Are Scrambling To Process Voter Registration Backlog Using a System They Say Does Not Work

At 6 p.m. a few days after the state sent Randall County election administrator Shannon Lackey a backlog of 3,388 of voter registration records, she was still at her desk, processing them after a full day of work.

She planned to stay late and get as much done as she could, then keep working from home. Lackey, whose department has five employees, isn’t expecting overtime pay or compensatory time off to make up for the extra work caused by the state error.

Keep ReadingShow less
multiethnic American voters participating in the US election, showcasing the concept of choice in a democracy

Presidents who lost the popular vote often faced economic turmoil. See the pattern from Harrison to Trump and how a 50-state strategy could change it.

Alan Mazzocco/Getty Images

Path Forward from Economic Consequences of Non-Popular Vote Presidents

While losing the popular vote does not inherently cause economic ruin, the structural political weakness of entering office without a democratic majority mandate often compounded the economic challenges their administrations faced. These terms were marked by distinct economic hardships, structural imbalances, or severe financial crises.

Destabilizing Partisan Protectionism

Keep ReadingShow less