Virginia Voters File Emergency Lawsuit to Require Waynesboro Election Officials to Certify the 2024 General Election Results

October 22, 2024

Waynesboro, Virginia– Today, Advancement Project and Crowell & Moring filed suit on behalf of five Waynesboro voters to stop a majority of the 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 voters – Jennifer Lewis, Ann Criser-Shedd, Greg Fife, Chris Graham, and Andrea Jackson – request a court order requiring that the officials certify Waynesboro votes.  They also ask the court to rule that the election officials’ decision not to certify the election results unless they prevail in a lawsuit filed earlier in October seeking a mandatory hand-count of all ballots cast on Election Day violates the Virginia Constitution.

SEE FULL FILING HERE

Waynesboro is part of a troubling nationwide trend: County officials refusing, for one reason or another, to certify election results. Despite the legal requirement to tally votes and pass along the results to state officials, since 2020, more than 30 county officials across the country have voted to deny or delay certifying election results in violation of law, often citing false claims of voter fraud or irregularities.

“The Chairman and Vice Chairman should do their job. Instead they are purposely misinterpreting what they are charged to do. I cast my vote and have every right to expect that it will be counted on election day.”  said Jennifer Lewis, plaintiff, and a resident of Waynesboro. Ms. Lewis has already cast her ballot in the November 2024 General Election. 

“This year’s election is important to me.  For the first time in my ward, Ward A, I’ll be able to solely vote for a city council representative.  I am frustrated that the election officials are not doing what they take an oath to do, which is to make sure the election runs smoothly and every vote counts. Instead they are distracting us from our local elections by filing nonsensical court cases.” said Andrea Jackson, plaintiff and a resident of Waynesboro. Ms. Jackson will vote in the November 2024 General Election. 

“The current voting procedures in Waynesboro are consistent with the laws of Virginia,” “Rather than going to the legislature to get these laws changed, Lilly and Mares have taken my voting rights hostage by threatening to refuse to certify if they don’t prevail in their last minute and frivolous lawsuit.”  said Greg Fife, plaintiff, and a resident of Waynesboro.  Mr. Fife has already cast her ballot in the November 2024 General Election. 

“My vote is my voice. I shouldn’t have to rely on the whims of election officials to ensure that my vote is counted. They are causing voters to mistrust the system and that could have a lasting impact. Our officials need to follow the law like every other election board.”  said Ann Criser-Shedd, plaintiff and resident of Waynesboro . Ms. Criser-Shedd will vote in the November 2024 General Election. 

“I cast my ballot with the confidence that it would and should be counted. Waynesboro election officials are trying to stop democracy. Voters deserve to have integrity in our elections and not be used as political pawns.” said Chris Graham, plaintiff, a resident of Waynesboro, and editor of the Augusta Free Press.  Mr. Graham has already cast his ballot in the November 2024 General Election. 

“Waynesboro election officials’ refusal to certify the 2024 elections is a direct attack on Virginians’ right to vote. Election certification has been a settled principle of American election law since the turn of the century.  City officials’ misinterpretation of the law will undermine democracy and could silence Virginia voters if left in place. Voters deserve to feel confident to know that their votes will be counted.” said Judith Browne Dianis, Executive Director of Advancement Project.

“Ensuring that every vote is counted and certifying election results is a bedrock of our democracy. Our clients are voters seeking to vindicate the right of every voter in Waynesboro to have their votes counted and certified in accordance with Virginia law and the Virginia Constitution,” said Lyndsay Gorton, counsel at Crowell & Moring.

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Advancement Project is a cutting-edge, no-holds-barred national organization whose team members are dedicated to building local power in communities of color. Centered on a movement lawyering approach, defined as community-centered racial justice lawyering, Advancement Project supports grassroots organizations working to eliminate oppressive structures in our laws and institutions and shift narratives towards transformative change. By fighting for liberatory public education, protecting and expanding our right to vote, and supporting community-led public safety that affirm the dignity and humanity of people of color, Advancement Project advances real change from the ground up.

Crowell & Moring is an international law firm with operations in the United States, Europe, MENA, and Asia. Drawing on significant government, business, industry and legal experience, the firm helps clients capitalize on opportunities and provides creative solutions to complex litigation and arbitration, regulatory and policy, and corporate and transactional issues. The firm is consistently recognized for its commitment to pro bono service as well as its programs and initiatives to advance diversity, equity, and inclusion.