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Virginia Dems File Lawsuit Against Richmond General Registrar Demanding She Immediately Provide Important Information re: “absentee ballots deemed to contain material errors or omissions”


See below for screen shots from the new lawsuit, filed by Democratic Party of Virginia Chair Susan Swecker against Richmond City General Registrar J. Kirk Showalter for the following reason:

“With just one week left before the November 3 General Election, the General Registrar for the City of Richmond is placing Richmond voters’ votes at risk by refusing to comply with her clear, mandatory obligation under Virginia’s Freedom of Information Act (‘FOIA law’ or the ‘Act’), Va. Code Ann. §§ 2.2-3700 et seq., to provide Plaintiff-Petitioner Susan Swecker (‘Plaintiff’ or ‘Swecker’), Chairwoman of the Democratic Party of Virginia (‘DPVA’), with documents that would allow her and the DPVA to assist voters with curing their absentee ballots. Indeed, in an effort to help ensure that all Virginia absentee voters—many of whom are casting an absentee vote for the first time this election—are able to fully exercise their right to vote, on October 5, 2020, Plaintiff sent Defendant J. Kirk Showalter, General Registrar for the City of Richmond (the “General Registrar”), a records request pursuant to Virginia’s FOIA law. Plaintiff’s request sought any documents containing information regarding absentee ballots that the City of Richmond had rejected due to material errors or omissions to aid a crucial component of DPVA’s efforts: outreach to voters to help them “cure” their absentee ballots before the November 6, 2020 statutory cure deadline…

Time is of the essence. If the General Registrar does not immediately comply with her obligations under the Act, Plaintiff and DPVA will not be able to engage in constitutionally protected activity and Virginians will be denied their constitutional right to participate in this election. Plaintiff respectfully requests that the Court grant emergency temporary injunctive and mandamus relief and order the General Registrar to comply immediately with her obligation to disclose to Plaintiff all documents containing information about absentee ballots that have been found to contain material errors or omissions.”



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