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ANY VOTER in the SEVENTH DISTRICT may (and should) VOTE for DR. DAVID BRAT in the PRIMARY JUNE 10! IF you are CHALLENGED – here’s what to do!

I am well aware that the GOP has a party rule that says anyone who participate in a GOP event (and it is arguable that a primary is such an event) must have an intent, if challenged, to vote for the GOP candidates in the general election.

I am not sure there can be a challenge but let me make it clear:  NO ONE can stop ANY VOTER from voting in the June 10 GOP Primary (other than the election officers pursuant to law)!  Here is the pertinent Virginia law (Section 24.2-530):

All persons qualified to vote, pursuant to §§ 24.2-400 through 24.2-403, may vote at the primary. No person shall vote for the candidates of more than one party.

It could hardly be more clear.  ANYONE who is a registered voter in the Commonwealth can vote June 10 in the Republican primary.

Now both parties can have election watchers inside the polling place.  If the Republican challenges you, here’s what to do:

Ask the Election Officer:  May I vote?

If the election officer says yes, then vote.  Do not engage or argue with the party watcher.  Just nod and leave the polling place.  Let them be ugly if they choose.  You DO NOT have to answer their intent question.

If by some chance, the election officer tries to stop you from voting, then respectfully advise him or her that under Virginia law, all voters listed with the proper ID “shall” be allowed to vote (Section 24.2-643[A])):

A. After the polls are open, each qualified voter at a precinct shall be permitted to vote. The officers of election shall ascertain that a person offering to vote is a qualified voter before admitting him to the voting booth and furnishing an official ballot to him.

If you are not permitted to vote, ask for a provisional ballot and sign the form given to you.  Not giving an intent to vote for the winner is not a reason under law not to be able to vote.  Now I agree:  It is unethical to vote in the other party’s primary to vote for the weakest candidate to help the one in YOUR party you want to win.  But it is not illegal.

So, be prepared.  Any one registered to vote may vote June 10 in the primary for Dr. David Brat.

 

 

 

 

About Elwood Sanders

Elwood “Sandy” Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia’s first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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