Waynesboro, VA Board of Elections Ordered to Certify Votes

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Today, Waynesboro Circuit Court Judge Paul Dryer issued an opinion requiring Waynesboro Electoral Board members Curtis Lilly and Scott Mares to certify the results of the November 2024 election. Judge Dryer ruled in favor of five Waynesboro voters represented by Advancement Project, Crowell & Moring, and Thomas Hendell.

The opinion directs the Defendants to, among other things, ascertain the results and complete the abstracts of votes cast in the 2024 general election, and certify the election results by signing the abstracts of votes as mandated by Virginia law.

The voters brought suit last week to stop Lilly and Mares, who constitute a majority of the three-member Waynesboro Board of Elections, from following through on their pledge to violate Virginia state law by refusing to certify the results of the November 2024 election. The countersuit brought by the five voters – Jennifer Lewis, Ann Criser-Shedd, Greg Fife, Chris Graham, and Andrea Jackson – came in response to the Waynesboro Electoral Board members’ own lawsuit from earlier in October claiming that “certifying the 2024 election would be a violation of the Virginia Constitution” if they were not permitted to conduct a hand-count of all ballots cast on Election Day.

The Court held a three-hour hearing in the case this past Tuesday. During the hearing, Board members Lilly and Mares testified that they had no evidence of any problems with the integrity of Waynesboro elections. Their concern is based on unsupported speculation and fears about the accuracy of voting machines. Former Virginia Election Commissioner, Edgardo Cortes, testified on behalf of the voter plaintiffs; he debunked myths about Virginia elections by explaining the potential impacts of a county’s failure to certify results.

Today’s opinion includes the following language:

“The Court acknowledges the solemnity that the Defendants have taken in their oath to the Constitution of the United States and the Commonwealth of Virginia. However, the concerns that the Defendants raise regarding the security and accuracy of the electoral process are best raised via the legislative process, where the legislative and executive branches approve of any necessary changes. The personal beliefs of members of a local board of elections cannot derail the electoral process for the entire Commonwealth.”…

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