ICYMI: The Virginian-Pilot: In Rebuking Youngkin, Court Depoliticized Election Administration
Earlier this year, former Suffolk County GOP Chairwoman Dawn Jones filed a lawsuit against the Virginia Department of Elections to block efforts by Gov. Glenn Youngkin and other state officials to change the nomination process for Virginia Senate District 17 to help his preferred candidate fill an unexpected vacancy. After Richmond Circuit Court Judge Claire Cardwell rebuked the governor’s attempt to rig the election, state officials were directed to hold the primary as required by law.
This week, Informing Democracy Director of Legal Research and Senior Policy Counsel Jenny Gimian praised the decision in The Virginian-Pilot, explaining that it shows that election administration cannot be subject to the whims of politicians because election officials largely have a ministerial duty in the process.
Below are key excerpts from Gimian’s piece highlighting why this outcome helps depoliticize election administration in Virginia and other states:
“In her ruling, Cardwell confirmed that state election officials have only a ‘ministerial duty’ in the process — meaning it wasn’t up to them how the seat was to be filled. Instead, the local Republican election committee for the 17th Senate District had — by law — the actual authority to choose the method of their nomination process.”
“Politicians can alter election laws during a legislative session, but once the law is set, carrying it out is almost always a ministerial duty — not only for setting the rules of primaries or conventions but also for counting votes and certifying elections. Here’s why that’s so important. Ahead of the special election in Virginia’s fourth Congressional District this year, our watchdog group — Informing Democracy — released a report that found five county election officials within VA-04 who recently exhibited anti-democracy tendencies or spread blatant misinformation about the results of the 2020 election.”
“While the special election was administered without incident, county officials in Arizona and Pennsylvania exhibited similar tendencies, actually refusing to certify the vote tallies in their jurisdictions, blatantly violating their ministerial duties. In some cases, they were forced by courts to perform their duties following the letter of the law.”
“Cardwell’s reprimanding Youngkin’s meddling with the election reminds us that many statutory duties involving elections are non-discretionary. Election officials don’t get to make up the rules as they go along to advantage their preferred outcome.”
“While the court system has historically confirmed the non-discretionary duties of election officials, and plays a vital role in continuing to protect that limitation, trust in elections is bolstered when election results are affirmed quickly without being politicized or forced into the adversarial process of the court system at all. We expect election officials will remember this during the upcoming elections in Virginia, and will act within their prescribed, and limited, role.”
You can read Gimian’s full piece here.