Virginia: House of Delegates Must Turn Over Redistricting Docs | Courthouse News Service

The Virginia House of Delegates must produce the majority of documents sought by the plaintiffs in a lawsuit claiming a 2011 redistricting plan was crafted to disenfranchise black voters, a federal judge ruled.
Senior U.S. District Judge Robert Payne's May 26 ruling was a victory for the 12 plaintiffs who claim "bizarrely-shaped" house voting districts included in the plan were drafted based on a "purely racial classification of voters" that was both arbitrary and unconstitutional. Virginia House Speaker William J. Howell denied the allegations intervened in the case to argue that documents requested by the plaintiffs to bolster their case are protected by legislative and attorney-client privilege.

Virginia: Challenger to House speaker sues state over absentee ballot issue | The Washington Post

The Republican challenger to Virginia House Speaker William J. Howell on Wednesday sued the state over what she says is a change in absentee-ballot rules that gives the speaker an unfair advantage ahead of next month’s primary. Susan Stimpson, a former Stafford County supervisor and onetime Howell protege, filed suit in Stafford County Circuit Court against the state Board of Elections. The lawsuit is part of a bitter Republican primary contest between Howell, a 28-year incumbent, and Stimpson in the Fredericksburg-area district. She has accused Howell of favoring tax-and-spend policies out of line with conservative principles, while he has trumpeted his connection to the district and leadership of the Republican House supermajority.

Virginia: Voting machine replacement squeezes local budgets |The News & Advance

Facing a new state mandate, Appomattox County is preparing to replace its voting machines, but hopes to spread out the cost and minimize the unexpected hit to its budget. Appomattox and 29 other localities — including Lynchburg and Nelson County — have to replace their touchscreen voting machines this year after the model was decertified by the State Board of Elections. The decertification decision, made last month amid growing concerns about security flaws in the wireless machines, caught local election officials by surprise. But after meeting with state officials for more detailed briefings on the concerns, local officials said they understand and support the decision. “I feel like the State Board of Elections answered the questions we had, and they chose the right path,” said Mary Turner, secretary of the Appomattox County Electoral Board.

Virginia: Stimpson to file suit against ‘unfair’ absentee ballot process | Fredericksburg.com

The testy race for the 28th District House seat’s Republican primary nomination is about to get a little more heated. Susan Stimpson plans to file a lawsuit in Stafford County Circuit Court on Wednesday to block an absentee voter application process she claims gives her opponent, House Speaker Bill Howell, an unfair advantage in the race. "I am filing this lawsuit ... on the principle of it," she said Tuesday. “There’s no other path.” The lawsuit, prepared by Lynchburg attorney Rick Boyer, states that the state Board of Elections “acted arbitrarily and capriciously,” overstepped its authority and “took the regulatory action without meeting any of the notice requirements imposed by the Virginia Administrative Code.” The lawsuit adds that the board’s “action enabled Howell to plan, create, and produce a website dedicated to generating absentee ballot applications with electronic signatures.”

Virginia: Redistricting lawsuits could cost taxpayers big bucks | The Washington Post

Virginia taxpayers may be on the hook for as much as $309,000 in legal fees racked up by Republican lawmakers in lawsuits over the makeup of the state’s congressional and House of Delegates districts. Two lawsuits funded by a national Democratic group argue that the maps must be redrawn because they illegally concentrate African American voters into some districts to reduce their influence elsewhere. One lawsuit could go to trial this summer; the other is awaiting court action. House Speaker William J. Howell (R-Stafford) hired E. Mark Braden, a former chief counsel to the Republican National Committee who is now with the firm BakerHostetler, to represent the House of Delegates in both cases.

Virginia: 2 GOP Lawmakers Help McAuliffe Kill Voter ID Bill | Roanoke Star

Gov. Terry McAuliffe’s veto of a photo identification bill was upheld by two Republican lawmakers who maintained that the election measure was flawed. Siding with a solid bloc of Democrats, Delegate Bob Bloxom Jr. left Republicans one vote short of overriding the governor. The freshman lawmaker said requiring that mail-in requests for an absentee ballot be accompanied by a copy of the voter’s photo “wouldn’t solve anything.” Delegate James Edmunds, R-Halifax, also bolted from the party line. “A picture of someone’s photo doesn’t get compared with anything (at the election office.) It could be a picture of anyone,” Bloxom, of Mappsville, told Watchdog.org. McAuliffe made much the same argument.

Virginia: Evidence fight points to secret redistricting talks in Virginia | Daily Press

Virginia House Republicans are fighting to keep hundreds of pages of documents secret as attorneys for Democratic groups push for full access, hoping to find something useful in an ongoing lawsuit over state election maps. The lawsuit targets 12 districts in the House of Delegates, and it follows the same argument that invalidated Virginia's 3rd Congressional District earlier this year: That the General Assembly's Republican majority focused on race as it drew maps, packing minority voters into a handful of districts and diluting their voting power in neighboring ones.

Virginia: Henrico to spend $1.2 million to replace outdated voting equipment | Richmond Times-Dispatch

Henrico County has agreed to pay $1.2 million to buy new voting equipment after state authorities decided hundreds of machines the county already owns are no longer fit for use. Registrar Mark J. Coakley announced the purchase to the county’s Board of Supervisors at its Tuesday meeting. The State Board of Elections voted earlier this month to disallow the use of WinVote touch-screen voting machines due to security concerns. Henrico owned about 800 of the machines and only a handful of others. The county will replace the touch-screen machines with optical scan devices. To use the new machines, voters will fill out paper ballots, then feed them into the machines.

Virginia: Roanoke County, Botetourt County, Montgomery County to replace banned voting machines by June | Richmond Times-Dispatch

The decision by the State Board of Elections to scrap thousands of touchscreen voting machines used in 20 percent of the state’s precincts sent shock waves through Virginia’s community of voter registrars, forcing them to scramble and replace the faulty equipment less than two months ahead of the June 9 primaries. The board on Tuesday imposed a ban on all touchscreen direct recording electronic voting machines of the WinVote model, because the continuing use of the aging devices “creates an unacceptable risk to the integrity of the election process in the commonwealth,” said Edgardo Cortés, commissioner of the state Department of Elections. A review by the Virginia Information Technologies Agency after the Nov. 4 elections had confirmed what computer experts had feared for years — that the WinVote machines may be vulnerable to cyberattacks. Virginia is the only state where WinVote devices are still in use.

Virginia: Board of Elections votes to decertify AVS WINVote | The Washington Post

The Virginia Board of Elections on Tuesday voted to scrap a type of voting machine used by dozens of local governments, including Fairfax City and Arlington County, after identifying security concerns. The move leaves 30 counties and cities scrambling to replace hundreds of voting machines. Ten of those local governments have primary elections scheduled for June 9. During a public meeting, the Board of Elections voted 2 to 0, with one member absent, to decertify WINVote touchscreen voting machines. Edgardo Cortés, commissioner of the state Department of Elections, said continuing to use the aging machines “creates an unacceptable risk to the integrity of the election process in the commonwealth.”

Verified Voting in the News: Voting machine password hacks as easy as ‘abcde’, details Virginia state report | Guardian

Touchscreen voting machines used in numerous elections between 2002 and 2014 used “abcde” and “admin” as passwords and could easily have been hacked from the parking lot outside the polling place, according to a state report. The AVS WinVote machines, used in three presidential elections in Virginia, “would get an F-minus” in security, according to a computer scientist at tech research group SRI International who had pushed for a formal inquiry by the state of Virginia for close to a decade. In a damning study published Tuesday, the Virginia Information Technology Agency and outside contractor Pro V&V found numerous flaws in the system, which had also been used in Mississippi and Pennsylvania. Jeremy Epstein, of the Menlo Park, California, nonprofit SRI International, served on a Virginia state legislative commission investigating the voting machines in 2008. He has been trying to get them decertified ever since.

Verified Voting in the News: Hacked Touchscreen Voting Machine Raises Questions About Election Security | NPR

Computer security experts have warned for years that some voting machines are vulnerable to attack. And this week, in Virginia, the state Board of Elections decided to impose an immediate ban on touchscreen voting machines used in 20 percent of the state's precincts, because of newly discovered security concerns. The problems emerged on Election Day last November in Spotsylvania County. The AVS WINVote touchscreen machines used in precinct 302 began to shut down. "One machine would go and crash. They'd bring it back up. Another one would crash," said Edgardo Cortes, the state's elections commissioner. "Starting in the early afternoon, they brought in a piece of replacement equipment that experienced the same issues when they set it up in the precinct." Cortes added that elections workers had a theory about what had caused the problem. "There was some interference," he said, "potentially from a wireless signal from an election officer [who] was streaming music on their phone."

Verified Voting in the News: Meet the e-voting machine so easy to hack, it will take your breath away | Ars Technica

Virginia election officials have decertified an electronic voting system after determining that it was possible for even unskilled people to surreptitiously hack into it and tamper with vote counts. The AVS WINVote, made by Advanced Voting Solutions, passed necessary voting systems standards and has been used in Virginia and, until recently, in Pennsylvania and Mississippi. It used the easy-to-crack passwords of "admin," "abcde," and "shoup" to lock down its Windows administrator account, Wi-Fi network, and voting results database respectively, according to a scathing security review published Tuesday by the Virginia Information Technologies Agency. The agency conducted the audit after one Virginia precinct reported that some of the devices displayed errors that interfered with vote counting during last November's elections.

Virginia: Arlington to Re-Introduce Paper Ballot Voting | ARLnow

Voting in Arlington will go back to the future this year when the county introduces paper balloting to replace the touch-screen boxes it has been using for years. The paper ballots will be digitally scanned and allow more voters to vote faster, and provide a hard copy of ballots in case of technical malfunctions, Arlington County said in a press release. It’s the first time the county has used paper ballots since 1950, county General Registrar Linda Lindberg told ARLnow.com. The county was forced to make the purchases by a ruling by the Commissioner of Elections recommending the electronic WinVote machines be decertified and prohibited.

Virginia: Lynchburg-area election officials ‘very concerned’ over report critical of touchscreen system | News & Advance

Local election officials were taken aback by a new report that could lead to the elimination of a touchscreen voting system used in nearly 30 Virginia localities — including Appomattox County, Nelson County and Lynchburg. “We are very concerned,” said Mary Turner, secretary of the local electoral board in Appomattox. “… We’ve been using these machines for many years, and we’ve not had any problems with them.” The report, released last week by the Virginia Department of Elections, questioned the security and reliability of the WinVote touchscreen voting machine. It specifically found that a WinVote’s wireless network — a feature unique to this model — may make it prone to crashing and vulnerable to cyberattack.

Virginia: Faced with WINVote voting machine concerns, Botetourt plans to count votes by hand | Roanoke Times: Virginia

In response to concerns about glitches with some voting machines in Virginia, election officials in Botetourt County will be counting votes by hand for the June 9 Republican primary. The decision to go old-school, made Friday by the county’s electoral board, comes amid growing concerns about WinVote touch-screen voting machines, which are used in about 20 percent of Virginia’s precincts, including those in Botetourt. A vote to decertify the machines statewide could be taken as early as next week at a Virginia Board of Elections meeting in Richmond. In anticipation of not being able to use the WinVote machines for the June primary, the electoral board accepted a recommendation from Registrar Phyllis Booze: Borrow three voting machines from a vendor with whom the county is negotiating the purchase of all the equipment that it will need for the November elections.

Virginia: Study Examines Problems with Virginia’s Voting Machines | WVTF

n interim study by the Virginia Department of Elections indicates that numerous localities have voting machines that are wearing out—and some have potential security problems. The investigation was prompted by reports of irregularities during last November’s election. The result could be a new and costly requirement to replace some widely used touch-screen voting machines. Last fall, a few voters recorded videos to prove that when they touched one candidate’s name, their machines marked a different name. Elections Commissioner Edgardo Cortés says those machines were properly maintained. “And most of it does appear to be related to old equipment. It’s just past the end of its useful life, so they’re having issues with calibration, battery life—just all sorts of things that you see in older technology.”

Virginia: Morrissey lawsuit seeks to stop printing of primary ballots | Richmond Times Dispatch

Joseph D. Morrissey, a former delegate from Henrico County running for the state Senate, has filed suit in Richmond Circuit Court, asking for a review of 750 petition signatures the Democratic Party of Virginia rejected last week, making him ineligible for the party’s June primary. Morrissey also is seeking a preliminary injunction, asking the court to prevent printing of the ballots, “in order to vindicate the rights of a candidate to appear on a ballot and the rights of citizens to participate in political speech,” according to the complaint filed Monday. “This getting on the ballot isn’t about me; it’s about a system that the Democratic Party is supporting that consistently disenfranchises thousands of African-American voters and deprives them of their First Amendment rights,” Morrissey said in an interview Wednesday.

Virginia: Report questions security, accuracy of some Virginia voting machines | The Washington Post

Dozens of local governments — including Fairfax City and Arlington — could be left scrambling to replace all of their voting machines after a state report called into question the accuracy and security of one-fifth of Virginia’s aging equipment. The state Board of Elections will decide at a public hearing on April 14 whether to scrap the touch-screen voting machines used in 30 counties and cities. The board will accept public comment through April 12. Gov. Terry McAuliffe’s administration is eager to settle the issue in time for the November election, when all General Assembly seats will be on the ballot — but also before the 2016 presidential contest. … The latest voting machines flap was prompted by complaints from voters who had trouble casting ballots in November. McAuliffe, who said he grappled with a malfunctioning machine at a Richmond precinct, called for an investigation into machine irregularities.

Virginia: Touchscreen problems worry Virginia election officials | Daily Press

Looking into what went wrong when Virginia Beach supporters of Rep. Scott Rigell couldn't get voting machines to register their choice last November, the state Department of Elections found problems with some touchscreen machines — but not the kind that frustrated Rigell's backers. Instead, it found such serious problems with another, aging touchscreen device — AVS WinVote — that it thinks the State Board of Elections should consider stopping its use altogether. … In November, dozens of Virginia Beach voters reported that machines were recording their votes for Rigell as votes for his opponent, Suzanne Patrick. The city used 820 touchscreen machines — unlike localities on the Peninsula, it relied on them as its primary means of voting. In Newport News, the two voters who reported problems on Election Day said their votes for Sen. Mark Warner were shown as votes for his GOP opponent, Ed Gillespie. The more serious problems emerged when the consultant audited the WINVote machines in Henrico and Spotsylvania counties, which are different from the machines Virginia Beach and Newport News use.

Virginia: Report cites security issues with some AVS WinVote voting machines | Associated Press

An investigation into voting irregularities during the November general election has raised serious security concerns about equipment used in about one-fifth of Virginia's precincts, a new report says. The report issued late Wednesday says the state Board of Elections should consider decertifying the WinVote touchscreen system and barring its use in future elections. The board is expected to conduct a public hearing on this and other options in the next few days. Link: Full DOE report on Virginia voting equipment

Virginia: Dept. of Elections: ‘serious security concerns’ with wireless voting machines | WAVY

A Virginia Department of Elections (DOE) report cites “serious security concerns” with certain voting equipment used during the November 2014 General Election. On Wednesday, the DOE released it’s “Interim Report on Voting Equipment Performance, Usage and Certification” that it said was conducted in response to the widespread report of voting machine irregularities during the November election. On election day, Gov. Terry McAuliffe told only 10 On Your Side that the voting machine irregularities were “unacceptable” and that he wanted an investigation. This was after the DOE confirmed technical difficulties with a number of touchscreen voting machines in Virginia Beach and Newport News. Other areas reported irregularities, including Spotsylvania and Henrico counties.

Link: Full DOE report on Virginia voting equipment

Virginia: Supreme Court asks Virginia panel to reexamine redistricting decision | The Washington Post

The Supreme Court Monday told a federal judicial panel in Virginia to take another look at its decision that lawmakers improperly packed minority voters into one congressional district.The court without comment sent the case back following its decision last week in a similar case from Alabama.In that case, the court ruled 5 to 4 that lower court judges should look more closely at whether lawmakers made race the predominate factor in drawing new district lines after the 2010 census.

Virginia: McAuliffe vetoes six redistricting bills | The Washington Post

Gov. Terry McAuliffe vetoed six Republican redistricting bills live on his monthly call-in radio show Thursday, then took the highly unusual step of signing the budget plan produced by Virginia’s GOP-led legislature without a single amendment. McAuliffe’s actions came one day before the Democrat is expected to announce vetoes on a raft of Republican legislation turning on political flashpoints such as guns, home schooling, “living wage” rules and the limits of federal power. Taken together, the moves seem intended to project twin images of McAuliffe, as both bipartisan dealmaker and stalwart defender of certain liberal causes.

Virginia: Supreme Court Alabama decision may affect Virginia election maps | Daily Press

A divided U.S. Supreme Court handed down a victory Wednesday for black legislative leaders in Alabama, and the decision may signal a coming win for Virginia Democrats fighting Republican-drawn election maps here. The court's 5-4 decision sends Alabama Legislative Black Caucus v. Alabama back to the federal district court there with an admonition that the case be re-argued. Plaintiffs there argued that Alabama legislators unfairly packed minority voters into districts to dilute black voting strength elsewhere. A federal judicial panel in the state disagreed, but the U.S. Supreme Court vacated that decision Wednesday. A three-judge panel in Virginia decided just the opposite in a case challenging the state's 3rd Congressional District, which is held by U.S. Rep. Robert C. "Bobby" Scott, D-Newport News. Federal judges here decided last year that race was the predominant factor in drawing district lines and ordered the map redrawn.

Virginia: Special Election: Columbia Voters to Decide Fate of Virginia’s Tiniest Town | WVIR

decide whether to end its 227-year-old incorporation. Columbia is holding a special election with a yes or no question on the ballot: "Shall the charter for the town of Columbia be annulled and repealed?" Mayor John Hammond says dissolving the town will allow Fluvanna County to provide resources that Columbia council's $3,800 budget cannot. Eighty-nine-year-old Irene Newton has lived in Columbia most of her life and believes it's time to give up the charter. “It's time to give it up and get some help before we lose it completely to destruction,” she said.

Virginia: New voting machines under review for Lynchburg precincts | News Advance

Lynchburg is test-driving new voting machines in hopes of replacing its current system’s machines that are nearing 10 to 20 years in age. The electoral board has assembled a focus group of precinct officials, disability community advocates and political party representatives to meet with the four vendors who’ve either been certified by the state or are in the process of being certified.  The board has been making the case for a new citywide system for some time now, and City Manager Kimball Payne’s new budget proposal recommends earmarking $300,000 for the project. The new balloting system, if given the green light by City Council, would rely on paper ballots, as a 2007 state law bars the purchase of new touch screen voting machines.

Virginia: Federal court gives legislature more time to redraw districts | The Washington Post

A federal court on Monday gave the Virginia General Assembly more time to redraw the state’s congressional map, which the panel ruled unconstitutional for diluting the influence of African American voters. The U.S. District Court for the Eastern District of Virginia moved the April 1 deadline to either Sept. 1 or 60 days after the U.S. Supreme Court rules on a pending appeal from congressional Republicans, whichever comes first. The ruling favors the approach taken by House Speaker William J. Howell (R-Stafford), who said Friday that he would not redraw the lines until the appeal was decided. Gov. Terry McAuliffe (D) disagreed and said last week that “running out the clock” unnecessarily confuses what, he said, should be a straightforward process. “The governor remains ready to work with the General Assembly to pass a fair, nonpartisan congressional map that complies with the court’s standing ruling on this issue,” McAuliffe’s spokesman, Brian Coy, said Monday.

Virginia: House has no immediate plans to redraw congressional map | The Washington Post

The speaker of the Virginia House of Delegates said Friday that he will not redraw congressional district lines while appeals are pending in a federal court case that deemed the map unconstitutional for diluting the influence of African American voters. The U.S. District Court for the Eastern District of Virginia last year ordered the Virginia General Assembly to remake the map by April 1, but congressional Republicans quickly appealed the ruling. House Speaker William J. Howell (R-Stafford) said initiating the redistricting process could create confusion if the Supreme Court reverses the lower court. “The Virginia House of Delegates fully intends to exercise its legal right to attempt to remedy any legal flaw ultimately found by the courts with respect to the current congressional districts,” Howell said in a statement Friday. “However, we believe it would be inappropriate to act before the defendants have fully litigated this case. We are confident that a stay will be granted.”