Extension allows qualified Virginia voters additional time to register for Nov. 8 election

A federal district court ordered state election officials in Virginia to extend Virginia’s voter registration deadline until midnight Friday.

The Lawyers’ Committee for Civil Rights Under Law filed the suit on Tuesday evening in the Eastern District of Virginia on behalf of New Virginia Majority Education Fund, the Virginia Civic Engagement Table, and Michael and Kathy Kern of Charlottesville. The lawsuit was filed after thousands of eligible Virginians were denied their right to register to vote in the advance of the October 17^th deadline because the online voter registration portal malfunctioned during the final days of voter registration, and was largely unavailable during the final hours before the voter registration deadline.

Under the order, eligible Virginia voters have until 11:59 p.m. on Friday, October 21^st to submit their voter registration application. Per the order, the defendants will provide additional information to the public regarding their opportunity to register to participate in the November 8^th election.

Virginia residents will be able to submit voter registration forms on-line, in person or have them postmarked by no later than October 21^st, 2016, to ensure that they are able to vote in the November general election. Voters who have questions about their registration status are urged to call the nonpartisan Election Protection hotlines: 866-OUR-VOTE for English language assistance, 888-VE-Y-VOTA for Spanish language assistance, and 888-API-VOTE for assistance in several Asian languages.

Statement of Kristen Clarke, executive director of the Lawyers’ Committee for Civil Rights Under Law: “This is a victory for people across the state of Virginia for people who seek to register and vote this election cycle. Extending the voter registration deadline though the end of the day on Friday was essential to help ensure that eligible voters have a fair opportunity to participate in the November election.”

Statement of Tram Nguyen, co-executive director of New Virginia Majority Education Fund: “We’re pleased with today’s order to extend Virginia’s voter registration deadline to ensure every eligible Virginian who wants to register to vote is able. The right to vote is at the heart of what it means to be an American. For thousands of Virginians who recently had their right to vote restored, this order means they will have a voice in November, many for the first time. That’s something we can all be proud of.”

Statement of Julie Emery, executive director of the Virginia Civic Engagement Table: “Today’s order means dedicated Virginians who were unable to register on Monday through no fault of their own will have a voice in this election. No one should be denied the right to participate in our democracy because of an underfunded election administration system.”

Statement of John Freedman, partner at Arnold & Porter: “Both parties recognized that this extension was necessary and appropriate to protect eligible Virginians’ right to vote. We are pleased that the court  extended the voter registration deadline when circumstances unfairly prevented qualified individuals from registering to vote.”

Statement of ACLU of Virginia Executive Director Claire Guthrie Gastañaga: “The ACLU of Virginia is pleased that the federal court has ordered extension of the voter registration deadline toFriday at 11:59 p.m. in the case filed by the Lawyers’ Committee for Civil Rights seeking to protect the voting rights of Virginians denied the ability to register to vote as result of the statewide failure of the Department of Elections’ online registration system. Thousands of Virginians attempted to register to vote prior to the Oct. 17 deadline, but were shut out of the system through no fault of their own. The right to vote is fundamental in our democracy, and we are glad that the federal court agreed that Virginians should have an extended opportunity to register to vote and participate in this year’s presidential election. For the benefits of the extension to be fully realized, however, the Commonwealth must do two things immediately: 1) alert the public of the registration extension by all means available, including paid media if at all possible; and 2) take steps to ensure that come Friday night at 11:59 p.m. it can comply with the state law on final day registration that requires the Department to ensure that everyone “in line” online at that time has the opportunity to complete their registration or update their voter information. In addition, the Department of Elections, the governor and the legislature must come to terms with the fact that this was an avoidable crisis. The on-line registration system went “live” with General Assembly approval in July 2013. Nonetheless, in the ensuing three years, the Department has not received the funding for needed hardware and software upgrades nor has it developed the technical expertise needed to ensure that the online registration system is able to handle the predictable increase in usage in a presidential election year, particularly when many “voices” are pushing the availability of the online system as the easiest way to register and to check one’s registration status. The Commonwealth must do better, and the legislature needs to take action to ensure that the Department of Elections has the state funds it needs to operate, especially when in the not too far distant future when federal dollars are no longer available.”