The ACLU of Virginia opposes the proposed changes to 1VAC20-10-40, the public participation guidelines that would permit the State Board of Elections to make the opportunity for public comment discretionary instead of mandatory.  Additionally, we oppose the proposed changes that would reduce the number of days that public comment may be submitted to the board.  Finally, we oppose the proposed change that strikes “including preclearance as required under the federal Voting Rights Act” in 1VAC20-10-100.

The opportunity for citizens to engage in the affairs of government, including the State Board of Elections, should be encouraged.  Such engagement is essential to a functioning democracy and is critical to ensuring government accountability.  The proposed changes would grant the board the authority to determine whether to allow citizen participation in its affairs.  This discretion would permit the board, on a whim, to ignore the voice of its citizens.  We urge the board to reject this proposal, as it runs counter to basic government transparency and accountability. 

Further, as the proposed regulations state, if the board, in its discretion, permits public comment, the amount of time for citizen input would be significantly reduced.  Lessening the time period for public comment takes away the opportunity for many citizens, often those without internet access, to write and submit their public comments in a timely fashion.  We urge the board to reject this proposal and instead look for ways to expand the ability for citizens to participate in its processes.

Finally, the proposed change that strikes “including preclearance as required under the federal Voting Rights Act” is unnecessary and does not remove the applicability of the law to Virginia.  The U.S. Supreme Court held in Shelby County v. Holder that the formula used to determine which jurisdictions are required to submit to the preclearance process was unconstitutional.  The Court, however, did not strike down the preclearance requirement.  If the U.S. Congress creates a new formula, then Virginia may again be subject to preclearance.  Such action would supersede any changes made by the board, thus the board should refrain from imposing guidelines that are subject to federal law.

We urge the board to oppose the proposed regulatory changes.  Government, including the State Board of Elections, works best when it is transparent and accountable to its citizens.