Thanks to Richard Winger of Ballot Access News for this post.
On January 14, U.S. District Court Judge M. Hannah M. Lauck issued a four-page order, saying she won’t at this time stop Virginia Election officials from using a sign-in sheet at the polls that says voters choosing a Republican ballot are Republicans and clearing the way for Virginia Election officials to finish mailing absentee ballots by Saturday’s deadline.
Virginia does not register voters by party, and taxpayer-funded primaries like the one scheduled for March are open to all registered voters. However, the Elections Board says the statement of affiliation requested by the State GOP is legal and in keeping with the party’s First Amendment free-association rights.
However, there will be a provisional Republican ballot for voters who refuse to sign that sign-in sheet. If the court later decides that the sign-in statement is illegal, those provisional ballots would be counted.
The case is Parson v Alcorn, e.d., 3:16cv-13. The court order depends mostly on past judicial decisions that say parties have freedom of association to determine who votes in their primaries.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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