League of Women Voters of Virginia v. Virginia State Board of Elections

The ACLU is asking the court to block the state from enforcing the witness requirement while COVID-19 emergency orders are in place and/or community transmission of COVID-19 is occurring, and order it to issue guidance instructing city and county election officials to count otherwise validly cast absentee ballots that are missing a witness signature. The pandemic means that the witness requirement would disenfranchise tens of thousands of eligible voters in Virginia who cannot risk contact with other individuals to vote in person or obtain a witness signature on their absentee ballot.

“Removing the witness requirement during the COVID-19 pandemic is a common-sense solution that protects people’s health and their right to vote during this crisis. No one should be forced to choose between staying safe and casting a ballot. It is a false choice. We can have both,” said Davin Rosborough, a staff attorney with the ACLU’s Voting Rights Project.

The case was filed on behalf of the League of Women Voters of Virginia and several individuals.