Elections and democracy

Free speech at the polls? Remember the controversy about political apparel at polling places last November? It was a First Amendment issue that led to a lawsuit by three Virginia free-speech organizations. On Wednesday, Jan. 21 at 5:00 PM the House Privileges & Elections, Campaign Finance Subcommittee will take up HB 1610 and HB 1643. These bills permit individuals to wear buttons or items of apparel that contain a political candidate's name or a political slogan at polling places. Contact members to express your support for free speech. Delegate Landes represents Waynesboro and parts of Augusta, Rockingham, and Albemarle.

• O'Bannon (chairman)
• Hargrove
• Landes
• Janis
• Joannou
• Sickles

Early birds. Yesterday, the Senate Committee on Privileges and Elections approved a bill that will allow voters to cast ballots before Election Day without providing a specific reason. More than half the states have early voting processes and 321,000 Virginians cast absentee ballots in Virginia last November, many in-person. This legislation will make it easier for individuals to vote early without meeting one of 17 specific reasons.

Supporters of the legislation include Governor Tim Kaine, the ACLU, and Nancy Rodrigues, secretary of the State Board of Elections who testified, "The reality is this is the United States of America and we can provide other alternatives." Rodrigues also noted that some voters currently "shop" for an acceptable reason forcing registrars into the difficult role of judging if it fits into one of the 17 currently allowed. 

Senator Mark Obenshain (R-Harrisonburg) voted against the bill citing "the integrity of the system." We'll probably hear more of that Republican sound bite if the bill makes it to the House of Delegates. They have already killed a similar bill and have shown little inclination to make voting more accessible.

Free Speech, Fair Elections

On behalf of a Jill Borak and Charles Epes, a pair of Virginia voters, the ACLU, the Rutherford Institute, and The Thomas Jefferson Center for the Protection of Free Expression, have sued the Virginia State Board of Elections on the ban of political buttons, caps, shirts, etc. inside of polling places. The plaintiffs want the ban ended before the 2009 statewide elections.

The groups representing the plaintiffs represent the political spectrum with the ACLU generally seen as "liberal" while the Rutherford Institute is considered "conservative." On this issue, the groups are in agreement that the ban is an unconstitutional limit on freedom of expression and that the policy is open to differing interpretations that led to inconsistent enforcement on Election Day.

Robert M. O’Neil, director of the Thomas Jefferson Center for the Protection of Free Expression:

Election Day should be a time for celebrating the personal freedoms guaranteed by our Constitution. On that of all days, government should not be telling citizens how to express themselves.

John W. Whitehead, president of The Rutherford Institute:

Thomas Jefferson understood that the first duty of government is to protect the freedom of expression. Regrettably, the State Board of Elections shirked this important civic duty when it adopted what essentially amounts to a dress code policy.

Kent Willis, executive director of the ACLU of Virginia:

The State Board of Elections has not only misinterpreted the state law, but in the process it has unnecessarily and unconstitutionally banned passive personal expression that has no history whatsoever of disrupting the voting process.

There is a good chance the complaint will never actually be heard in court. The State Board of Elections may rescind or change the policy. If the board doesn't act, Delegate David Englin, an Alexandria Democrat, has drafted legislation to overturn the policy. Although the issue may not be decided by a judge, the suit over an unpopular and controversial policy will force policy makers to reexamine their actions.

Craig County bails on controversial Bible class

You may recall that last spring Craig County Public Schools approved a new class, "The Bible in History and Literature" that many believed crossed the line between separation of church and state. When the Craig County School Board approved the course, the ACLU of Virginia began an investigation into the board's motives and the details of the curriculum.

Recently, the Craig County superintendent notified the ACLU of Virginia that the School Board had reversed the decision to offer the controversial course. Instead, the board approved another course, "The Bible and Its Influence," which is promoted by The Bible Literacy Project. Most observers feel like the new course teaches, while the former course crossed the line into preaching. 

“The new course adopted by the Craig County School Board is an improvement over the one chosen earlier this year,” said ACLU of Virginia Executive Director Kent Willis. “But all religion courses in public schools require close monitoring to make certain that they are not used to proselytize students or as a means for the government to promote some religions over others.”

Congratulations to the Craig County School Board for rejecting the religious crazies, for seeing the truth, and for understanding the legal realities. And, kudos to the ACLU of Virginia for investigating and pushing the board to take a more reasonable, and legal, course of action.

For more information, visit the ACLU of Virginia.

Registering young chickens

The ACLU of Virginia recently sent a letter to a number of local registrars urging them to allow students to register and to vote in their locality. The letter begins:

The ACLU of Virginia has heard troubling reports that general registrars in some localities have been prohibiting or actively discouraging students from registering to vote at the address where they go to school. With only a month left to register for the upcoming elections, I am writing to urge you to allow students to register in the locality that they consider to be their residence, without subjecting them to extra requirements or questioning.

Kent Willis, the ACLU executive director, then continues by explaining the State Board of Elections requirements and relevant case law.

With a number of colleges in the 6th District, this issue directly affects places like Roanoke, Salem, Lynchburg, Harrisonburg, Staunton, Lexington, and Rockingham County. All of those registrars were contacted and I can imagine some clucking about the intrusion!

The ACLU also sent press releases to college newspapers.

The registration deadline is October 6. Hopefully registrars will work with students to assure that all can register in the locality where they are actually residing most of the year - in their college community! Typically, those age 18 to 25 are the lowest voter turnout group. With high interest in this national election, 2008 gives a great opportunity to bring younger voters into this rite and responsibility of citizenship. Requiring them to vote by the cumbersome absentee ballot process, when they actually live at college nine months out of the year, seems to be placing an unreasonable obstacle to that participation. 2008 is, more than with any other voter group, about young voters' futures. Lets encourage them to vote rather than place roadblocks.