As Election Day Approaches

Polling stations, Robious Elementary School, Chesterfield County. Photo credit: Richmond Times-Dispatch

by Dick Hall-Sizemore

For most Virginians, this election season has been fairly quiet. In only three of the 11 Congressional districts has there been anything close to a contested election. Some local offices are on the ballot. Here and there is a bond referendum.

There have been two major election issues in the news that have statewide implications. One was the formation of an Elections Integrity Unit in his office by Attorney General Jason Miyares. In September, Miyares issued a news release boldly announcing the “creation” of what he termed “a new unit” that would help “restore confidence in our democratic process in the Commonwealth.” In the face of criticism, he later backed off the concept of it being something new. In an op-ed piece in The Washington Post he explained, “The Election Integrity Unit is simply a restructuring of lawyers, paralegals, and investigators already employed by my office and working on election matters.” In other words, it was just an office reorganization, similar to what all incoming AGs do. If that is all that it was, one wonders why the move merited a full-blown news release.

The other news has to do with the snafus in the computer system of the Department of Elections. Twice, the agency has had to announce that, due to “glitches” in the system, it has not picked up in a timely fashion new voter registrations and changes in registration (i.e. address changes) recorded by the Department of Motor Vehicles and forwarded to the Dept. of Elections. The first announcement, in early October, involved 107,000 records that were suddenly dumped on local registrars to process. (See the Bacon’s Rebellion article on this development here.) The second announcement was reported earlier this week by the Richmond Times-Dispatch. Two weeks before Election Day, the Department of Elections was sending local registrars an additional 149,000 voter registration forms that it had discovered in its system, which local registrars would have a week to process.

There is a third statewide major election issue, which happens to be a major change in Virginia law, that has gotten scant attention in the news media — same-day registration. Effective October 1 of this year, anyone qualified to register may register “in person up to and including the day of the election at the office of the general registrar … or at the polling place for the precinct in which such person resides.”

The legislation making this change was enacted by the 2020 General Assembly.  However, the legislators wisely delayed the effective date for two years to give the Department of Elections and local registrars time to develop procedures for implementing the change and an opportunity to try them out and detect any kinks in an off-year election, rather than in the high-profile statewide elections of 2020 and 2021.

It would be interesting and enlightening for those participants on this blog who have served, or will be serving next Tuesday, as election officials or observers to report on their experiences with the implementing of this major change.


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Comments

33 responses to “As Election Day Approaches”

  1. Stephen Haner Avatar
    Stephen Haner

    None of those things are coming up in the federal campaigns, are they? I am not expecting many same-day voters and remember their ballot will be provisionsal until the application is reviewed. ‘Tis a change but not an issue.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      I am glad to hear that you do not anticipate that it will be an issue. I was wondering about the ability to confirm the validity of a registration on election day. I could not find any provision in the law that any ballot cast in those circumstances would be a provisional ballot.

    2. James McCarthy Avatar
      James McCarthy

      The registration glitches are non-discriminatory across all jurisdictional boundaries including Congressional districts.

  2. LarrytheG Avatar

    I am not any longer but used to “work” the polls as a basic volunteer.

    Folks are “checked in” on computers called Poll Books. The database might have contained the registration date but it was
    not checked as far as I remember. If they were in the pollbook at the correct precinct and had a picture ID, they got a ballot.

    If they were not in the poll book and they claimed to be registered , they’d be directed to the Precinct Captain to vote provisionally. The Captain would sometimes get on the phone.
    There was “paperwork” and if there was more than one person going through that process, there might be a wait.

  3. LarrytheG Avatar

    I would imagine that people who thought they had “registered” would not have gotten anything to confirm it and specify their voting precinct.

    I’m not sure what those folks would do if they never got informed what precinct to go to.

    Some of them might go to the designated central voting place to vote early in which case, there might not be a record of registration so then they might have to register on the spot and vote or perhaps vote provisionally… I don’t know. Might depend on the person in charge unless Haner knows how it works.

  4. Nancy Naive Avatar
    Nancy Naive

    Everything looks mountainous looking forward and like a curb looking backward. Things will be fine.

    As to press releases, they’ve always fun. Well, until someone drops a FOIA on you and you have to explain.

  5. James McCarthy Avatar
    James McCarthy

    About 170,000 of the glitch registration data compounded by another 60,000 who received erroneous mail information due to a printer error may face difficulties in early voting or mail ballot requests. This will result as the registrars are under pressure with only days to spare to implement the glitched voter data. Same day registration may help those redirected from a prior polling station to another. It is hoped these are a small number.

  6. LesGabriel Avatar
    LesGabriel

    I will be working as an election official on Nov 8. This topic was covered in our 2 hour training session. Same day registrations could fall in two categories–those who had never registered in Virginia and those who did but have changed address but not updated their registration. If the latter, if they are currently registered at a nearby voting location, they would be directed to go vote where they are registered and make the change after Nov 8. If they are too far away to get to their old address or if never registered in Virginia, then they would fill out a new registration (needing all of the information required AND a photo ID. They would vote by provisional ballot and all such ballots would be segregated so that they could be verified and entered into the system before those provisional ballots will be counted. At least that is my recollection from the training. I will let you know what wrinkles might pop up on election day. I hope that this provision will be dropped in the next GA session, as it just adds to the workload and confusion and frankly doesn’t seem to help anyone except perhaps people who moved some distance within the State but didn’t bother to update their registration.

  7. LarrytheG Avatar

    There’s another aspect to consider and that is who is it that is getting a Virginia Drivers license and is it the first time? Are they, predominately, new residents and/or first time voters?

    These are legitimate issues that do need to be addressed but I think pretty doubtful it could be used nefariously to change the outcome of an election though I’d admit in a very close election , the potential is there and that is a real thing these days with really close elections.

    These type issues have really always been there especially when we did paper ballots. There have always been tales of ballot stuffing and/or a bunch of ballots missing, etc.

    Now, we’re more digital. We actually have more/better/quicker ways to assure someone is a valid voter.

    We’re never going to get to a 100% perfect election IMO but that does not mean the election is fraudulent either.

  8. Nancy Naive Avatar
    Nancy Naive

    Same day is fine. It’s not like a handful of provisional ballots will make a difference anyway.

    1. LarrytheG Avatar

      It’s these “late” votes that change the pending results that rile up some folks and get them believing in lies and conspiracy theories.

      1. Nancy Naive Avatar
        Nancy Naive

        Yeah okay. Let ’em be riled up. There’s way more wrong with the Republicans than same day rile up.

        1. LarrytheG Avatar

          What changed , perhaps perception was that the “final” vote is not really “final” anymore and awaits the mail-in/provisional/etc and people are suspicious about those votes not done in a traditional “in-person” way.

          Then there is some fear that if too many folks vote too easily that conservative candidates will lose. “Easy” votes go to liberals.

          Am I out over my skiis on this?

          1. Nancy Naive Avatar
            Nancy Naive

            They always complain. It’s their nature. Look at this entire blog. It’s James’ private vent.

          2. LarrytheG Avatar

            well, used to be about less partisan policy issues much like you see in Dick’s blog posts.

            BR has been infected with the culture war… and grievance-based blather. If Govt/science/public ed/etc is not bullet-proof, it “fails”.

          3. Nancy Naive Avatar
            Nancy Naive

            We’re Justice Warriors. They’re Culture Warriors.

      1. Nancy Naive Avatar
        Nancy Naive

        I live in NN where a race was won on a single multi-maked ballot that 3 Republican judges — and they were — declared for Yancy even though the voter marked and scratched through, then circled, and even wrote “No” on the ballot. The law at the time SPECIFICALLY eliminated ballots with multiple candidates marked.

        Of course, Yancy didn’t last that long.

  9. Eric the half a troll Avatar
    Eric the half a troll

    “If that is all that it was, one wonders why the move merited a full-blown news release.”

    Because the rightwing base must be inspired.

  10. Stephen Haner Avatar
    Stephen Haner

    I do not like the idea of same day registration. It was the State Board of Elections that added the protection of making them provisional, so the registrar can check to make sure the person is not voting a second time, or is not using a non-existent address or using somebody else’s personal information. If there is a flood of them then it could be yet another administrative headache and become a “thing” in a contested election. But we’re stuck with it.

    There have always been people who have moved since the last election and didn’t take 15 minutes to change their registration (REALLY easy online now.) But that’s a different thing than somebody trying to vote for the first time who couldn’t be bothered to register in the first place. I expect it will be more common in a presidential year, but this is shaping up to be a big turnout too.

  11. Stephen Haner Avatar
    Stephen Haner

    I’m always amazed when doing check in how many voters have moved long ago and have not even changed their driver’s licenses to the new address.

    Eric, saw a recent poll that about one voter in 8, 13%, doesn’t believe elections are honest. (Would LOVE to see some crosstabs on that.) Yes, we know Trump had a great deal to do with that but it is also true the Clinton Cry Babies did the same four years earlier, and folks like Stacy Abrams. I do think Miyares’ goal from the start has been to calm folks down and rebuild that confidence, which is not a bad goal. Frankly the NAACP’s hysterics are based on the same belief that somebody is rigging something, isn’t it? I think the crosstabs would show that one in 8 is not all R’s.

    1. LarrytheG Avatar

      but if they are on the pollbook….. we
      would ask for addresses and if it matched the pollbook…good… not sure we checked DL – it
      was only for picture ID and picture ID could be any number of things without address on it, that’s why we used the pollbook.

      I had an election official give me a bit of a hard time over whether or not my DL said Jr. I thought it was inappropriate as my voter registration is not Jr. and my other “id” info is mixed …

      1. Stephen Haner Avatar
        Stephen Haner

        Yes, if they can state the address that matches the pollbook, without being prompted, the discrepancy with the ID can be overlooked and they vote. The “Jr” thing shouldn’t matter unless “Sr” also lives in the precinct. I saw that once and checked in the wrong one. 🙁

        1. Nancy Naive Avatar
          Nancy Naive

          Given that the ballot is “print on demand” then any polling place could (in theory) print the ballot that matches the registered address, and given that counting is electronic every vote could (in theory) be counted at any polling station.

          And, of course, mail-in on demand would make it all easier.

          1. Lefty665 Avatar

            Optimist. What could go wrong with reporting out of district votes from all over the state? I can almost hear the howls already.

          2. Nancy Naive Avatar
            Nancy Naive

            Well, if Democrats would just leave the 1960s behind and Republicans would just leave the 1860s, they could enter the 21st century.

    2. Eric the half a troll Avatar
      Eric the half a troll

      The purpose of the press release was to inspire, Haner, not assure. Saying “It should be easy to vote, and hard to cheat” implies strongly that it is not currently hard to cheat. This press release is nothing but red meat for his base and, yes, feeds the Trump narrative by design – it is transparent. The purpose of the op-ed was to placate the rest of his supporters … the base already digested what was fed to them – damage done…

      1. Stephen Haner Avatar
        Stephen Haner

        Enjoy Tuesday.

        1. Eric the half a troll Avatar
          Eric the half a troll

          Et tu, Haner.

        2. Nancy Naive Avatar
          Nancy Naive

          I will. Tuesday is just another day for those smart enough to have voted already.

          Hell, if it were my choice then I’d move all national elections to April 15th and Va. elections to May 1st and have an addendum to the 1040 and the 760.

          At least have a voter registration on the 760 and every State form. Need a new fishing license? Check here to register to vote.
          Renewing vehicle registration? Check here to register to vote.
          Paying PPT or RET? Check here… meh, you got the picture.

      2. Nancy Naive Avatar
        Nancy Naive

        That statement is code for “Stop the steal”.

    3. Nancy Naive Avatar
      Nancy Naive

      Uh yup, and 20:1 that voter is a Republican.

  12. DJRippert Avatar

    I find it bizarre that anybody criticizes an effort to help assure election integrity. Many, many long held voting approaches were changed because of COVID. Early voting used to be rare and require a stated reason for voting early. Now it’s commonplace with no reason required. Mail in voting was rare. Now it’s commonplace. Ballot collection boxes were unheard of. Same day registration in Virginia is a relatively new concept.

    These changes, many implemented because of COVID, are now permanent fixtures of our election process.

    As the cybersecurity people would say, each of these changes increases the threat surface for fraud. The changes may be positive for increasing participation in democracy but they open up doors to fraud that didn’t exist in the past.

    Meanwhile, both parties claim that elections have been stolen recently. Donald Trump at the national level and Stacey Abrams at the state level in Georgia.

    Thank goodness Jason Miyares is putting some focus and attention on this matter.

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