Still waiting

Still waiting

The July 9 meeting of the Goochland Electoral Board, held in Hadensville at 3 p.m. to facilitate a joint meeting with the Louisa Electoral Board, which declined the invitation, offered little new information about the disenfranchisement of approximately 300 voters. The meeting room was nearly filled on a workday afternoon showing how upset local voters are.

Voters examine historic maps at the July 9 mid-afternoon electoral board meeting.

Robin Lind, secretary of the Goochland Electoral Board, brought more props—this time a 1932 map from VDOT and a piece of genuine red tape from the courthouse—but no news of a resolution to the crisis. Lind observed that the 1932 map was the first to show the undefined border between Goochland and Louisa counties as a straight, rather than meandering line using parcel boundaries. Lind speculated that the straight lines were the result of reluctance by the highway department to foot the cost of a detailed survey. Be that as it may, the voters know where they live and pay taxes and they want to vote in this November’s local elections for the people who will spend those tax dollars for their benefit.  

This 1932 VDOT map shows the county line as straight, ignoring parcel boundaries.

To further complicate matters, the Louisa registrar, who was adamant about moving voters to the “correct” side of the United States Census line between the two counties earlier in the year, has moved Louisa voters that were sent to Goochland back to Louisa.

Several speakers expressed their ongoing and well-justified outrage with the situation. Their overall message was “someone do something so we can vote where we pay taxes as we always have.” They wanted to know why, if misplaced Louisa voters “went home,” why Goochland could not follow suit.

The real issue seems to be that the “someone” is the county registrar Ryan Mulligan. He said: “I took an oath to uphold the Constitution. This (moving voters) is not something I want to do, but I will uphold the law.” He expressed frustration with the ambiguity of the law— “it is not as clear as we would like it”— and the way the state board of elections distanced itself from the situation. “No one will tell us what to do,” Mulligan said.

Lind said that a letter asking for clarification of the law was sent to Virginia Attorney General Mark Herring asking for an opinion. If Herring does issue an opinion, said Lind, it has the force of law until changed by the General Assembly. The United States Department of Justice, said Lind, does not have the authority to intervene in Goochland voting matters.

Lind indicated that if Herring opines that the provision the election law that prohibits moving voters to different precincts after February 1, 2019 takes precedence, the April reassignments of voters are void and everyone goes back where they belong.

Lind, speaking for the electoral board, said “we want you back”, to the displaced voters and added that the State Board of Elections said it cannot provide legal advice to local electoral boards. He was unclear about the state board of election’s function.

A Louisa voter commended Goochland on its transparency. Louisa county, she said, provided no communication with displaced voters. Everything she learned about the situation came from Goochland.

“When we make a mess, we do it in public,” Mulligan quipped.

The topic of litigation was also raised, as was obtaining some sort of court order to remedy the situation.  District 1 Supervisor Susan Lascolette, who currently serves as Board Vice Chair, explained that the county earmarked $250,000 to fund surveys and other documentation to formally delineate the fuzzy county line once and for all and even got approval from the Virginia General Assembly to use geographic information services in addition to surveys to accomplish the task because Louisa was unwilling to spend money.

She added her voice to the frustration. “If there was anything we could do to bring these voters back to Goochland, we would.”

Lind said that the supervisors and the electoral board have also been working with our representatives in the Virginia General Assembly: Delegates Lee Ware, 65^th District; John McGuire 56^th District; and 22^nd District Senator Mark Peake to resolve the situation. They were unable to put the matter on the agenda of the recent special session.

Goochland Board of Supervisors’ chair Manuel Alvarez, Jr., District 2 reported that the supervisors met twice in closed session at their July 2 meeting with County Attorney Tara McGee to discuss the matter. McGee contends that she cannot represent the Electoral Board because she considers it a conflict. The supervisors, however, have offered to pay the cost of the Electoral Board retaining its own counsel. No decision about that seems to have been made.

Electoral Board Chair Keith Flannagan said that there are still approximately 100 days–the start of absentee voting — to find a solution before any action must be taken.

Lind reiterated the hope he expressed at the June 27 electoral board meeting that the quick acknowledgement from Herring’s office signals a timely response.

Louisa and Goochland have submitted maps with identical boundary lines to their respective United States Census Office. The next redistricting, which will take place using the results of the 2020 census should put this matter to rest once and for all. At next year’s elections are federal, there will be no impact on voting. All “misplaced” voters are in the 7^th Congressional District. Senate and presidential votes are statewide.

The 1932 VDOT map was bound in genuine red tape.

In the meantime, frustrated disenfranchised voters wait for word from the attorney general.