Election legislation to be before 2009 Assembly

By News in Brief
Published: January 5, 2009

Virginia voters would find it easier to avoid long lines on Election Day if legislation submitted for the 2009 General Assembly becomes law.

Three legislators have filed bills to allow early in-person voting in Virginia and two have proposed no-excuse absentee voting.

Under current law, voters must choose from a list of acceptable reasons – a trip out of town or an expected long day at work, for example – to obtain an absentee ballot.

The changes were proposed after a record 74 percent of Virginia’s approximately 5 million registered voters cast ballots in the November general election. Lines stretched as long as half a mile at some precincts during peak voting hours.

Nationally, more than 131 million people voted – the most ever for a presidential election, topping the 122 million who voted in 2004. Nearly a third of this year’s votes were cast before election day because of the growing popularity of early voting, said Rosemary E. Rodriguez, chairwoman of the nonpartisan U.S. Election Assistance Commission.

Thirty-two states allow early in-person voting, either absentee or on voting machines at designated locations, according to the Early Voting Information Center at Reed College in Portland, Ore. Twenty-eight states also allow no-excuse absentee voting by mail.

“It really is a voter-friendly situation when you have a menu of options available,” Rodriguez said in a telephone interview. “It’s more work for the administrators because they’re running different processes. But the point is to serve the voter. That is the benefit.”

For Virginia voters, however, the options are limited: Brave the long lines on Election Day or have a valid reason for voting absentee, either in person or by mail.

Sponsors of the early in-person voting bills are Sen. L. Louise Lucas of Portsmouth and Dels. Onzlee Ware of Roanoke and Rosalyn Dance of Petersburg. All are Democrats.

Dance said she introduced the bill at the request of some constituents.

“As they watched the campaigns and the reports on TV, they saw other people voting early and it wasn’t absentee. They asked, `Why do we not have that?’ ” Dance said.

Dance also has proposed no-excuse absentee voting. Sen. Janet D. Howell, D-Reston, is sponsoring legislation eliminating the excuse requirement for in-person absentee voting but keeping it for absentee voting by mail.

According to Dance, many voters had valid reasons for voting absentee but didn’t realize it. “They thought you had to be confined to a hospital bed or something,” she said.

Allowing no-excuse absentee voting would just make the process less confusing, Dance said.

Rodriguez said many voters prefer to vote on election day, even when they are given the opportunity to avoid the crush by voting early.

She also acknowledged that early voters risk making a choice that will stand even if their candidate commits a major gaffe or is caught in a scandal just before election day. For that reason, many absentee voters tend to submit their ballots at the last minute.

Attorney General Bob McDonnell also is proposing a package of election reforms, but early voting is not among them. He said the concept is worth studying.

Del. James M. Shuler, D-Montgomery, is sponsoring legislation addressing a couple of other problems that cropped up during November’s election: voter registration of college students and wearing political buttons, stickers and other apparel at polling places.

One bill would clarify that in-state college students can register to vote in the locality where they attend school. Critics say the current law is unclear, resulting in differing interpretations and misinformation. The problem has existed for years but was magnified this year by unprecedented voter registration drives on college campuses.

“I’m trying to make it as simple as possible and provide clearer direction for voter registars,” said Shuler, whose district includes Virginia Tech.

Shuler’s other proposal would reverse Virginia State of Elections guidelines prohibiting voters from wearing apparel with political slogans or candidates’ names at polling places on Election Day.

The board says its guidelines merely follow the state’s law against electioneering within 40 feet of the entrance to polling places. Three free-speech advocacy groups have filed a lawsuit on behalf of two voters challenging the guidelines, saying they violate voters’ First Amendment rights.

Shuler said he doesn’t think wearing a campaign sticker or T-shirt would be disruptive.

“What’s next, I can’t talk? Once I cross the 40-foot line I can’t have a dialogue with someone next to me in line?” he said.
McDonnell also is backing legislation lifting the political apparel ban.

“We generally in America don’t favor prior restraint of speech,” he said.

Virginia Lawyers Weekly

Election legislation to be before 2009 Assembly

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