Virginia Court Rules Waynesboro Officials Must Certify Election Results

Waynesboro, VA – 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.”

SEE THE FULL RULING HERE.

“Today’s ruling is a huge victory for the voters of Waynesboro. This attempt to avoid certifying the election results has been stopped in its tracks,” said John Powers, Director of Advancement Project’s Power and Democracy Program. “Today also marks a major win for our democracy. Election certification has long been a settled issue of American law and today’s ruling reaffirms that fundamental principle. Our election system only works if officials honor their duty and respect voters’ right to have their votes counted.”

“We are pleased that the court has upheld the Virginia Constitution and the pillars of democracy. We look forward to the votes of all Virginians being counted and certified in accordance with Virginia law,” said Lyndsay Gorton, counsel at Crowell & Moring.

“Judge Dryer’s opinion upholds the rights of all the voters of the City of Waynesboro to have their votes accurately machine-counted and then certified to the state electoral board in accordance with the Virginia Constitution and the Virginia Code,” said Thomas Hendell of Tremblay & Smith PLLC. “Election integrity and the rule of law require local electoral boards to follow Virginia’s well-settled procedures providing for elections that are among the safest and most secure in the nation.”

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. 

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.