RICHMOND _ Federal Judge Norman K. Moon has approved Attorney General Mark Herring's agreement that will allow social distanced absentee voting by mail in the upcoming June 23 primaries. Under the terms of the consent decree, the Commonwealth will accept absentee ballots without the signature of a witness “for voters who believe they may not safely have a witness present while completing their ballot.” The order was approved despite the objections of the Republican Party of Virginia, which intervened in the case to oppose the proposed agreement.
“This agreement is a win for Virginia voters and a win for democracy. No Virginian should ever have to put their own health and safety at risk to exercise their right to vote,” said Herring. “Now, susceptible Virginians will not have to jeopardize their well-being and violate social distancing measures to cast their ballot by mail.”
In support of the agreement, Attorney General Herring and the plaintiffs’ brief also argued that the agreement protects the right to vote, because “many voters in Virginia who live alone may not be able to violate social distancing protocols to have an individual outside their home witness their absentee ballot or to vote in-person, meaning that they would not be able to cast a vote or have their vote counted in June.” The brief also explains that “the proposed consent decree also serves public health in that it promotes the continuation of social distancing as recommended by the Governor and state and federal public health officials.”
The brief also highlighted other safeguards to ensure security on absentee ballots: “aside from the witness requirement, many other Virginia laws ensure proper absentee voting including provision of identifying information, a signed attestation confirming identity, eligibility, and lack of double-voting, and a check of the ballot against the list of ballot requests…and penalize malfeasance.”