Lawsuit Tries to Stop Virginians From Using Coronavirus As Excuse To Vote Absentee

The lawyer behind the landmark U.S. Supreme Court case, Citizens United, is suing Virginia election officials to stop some voters from submitting absentee ballots in the upcoming June 23 primary. Jim Bopp, the Indiana attorney who filed the lawsuit in federal court earlier this month, said the state can’t let voters use “disability or illness” as an excuse to vote by mail because of the coronavirus.

The Virginia Board of Elections has encouraged voters to vote absentee next month, to prevent the spread of coronavirus at the polls. But because state law currently requires voters to list the reason why they can’t vote on Election Day, the board said they can just choose the “disability or illness” option. The General Assembly passed a law this year allowing no-excuse absentee voting, but it doesn’t go into effect until July 1, 2020.

Last month, Gov. Ralph Northam encouraged Virginians to mail-in ballots in lieu of gathering at the polls.

“Virginians should never have to choose between casting a ballot and risking their health,” he said.

But Bopp said that guidance will disenfranchise voters. He filed the lawsuit on behalf of six Northern Virginia voters, including Thomas Curtin, who is secretary of the Fairfax County Republican Committee. He filed a similar lawsuit on behalf of voters in Nevada.

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