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Advocates worry recent voter purge errors could impact close elections

Democratic candidate for the 94th House of Delegates seat, Shelly Simonds, center, speaks to the media as her husband, Paul Danehy, left, and daughter, Georgia Danehy, second from left, look on after a drawing to determine the winner of a tied election at the Capitol in Richmond, Va., Thursday, Jan. 4, 2018. Republican Delegate David Yancey won the drawing.
Steve Helber
/
AP
Democratic candidate for the 94th House of Delegates seat, Shelly Simonds, center, speaks to the media as her husband, Paul Danehy, left, and daughter, Georgia Danehy, second from left, look on after a drawing to determine the winner of a tied election at the Capitol in Richmond, Va., Thursday, Jan. 4, 2018. Republican Delegate David Yancey won the drawing.

About three million Virginians vote every year. So about 3,400 voters incorrectly removed from the rolls might not seem like a large percentage of the electorate. But one Virginia Delegate learned the hard way that every vote matters.

Back in January 2018, Virginia’s politicos were tuned into the live stream of a board of elections meeting. At issue was the race between Delegates Shelly Simonds and incumbent Dave Yancey. The final vote count between the two was tied, and under Virginia law, the winner’s name was pulled out of a bowl. And the winner was Yancey.

Steve Helber
/
AP
Virginia Board of Elections chairman James Alcorn holds up the name of David Yancey, the winner of a drawing to determine the winner of a tied election. The drawing was held in January 2018.

“By that point I think I was resigned to my fate,” Simonds told Radio IQ. She went on to run again and beat Yancey two years later. But her experience is a reminder of what impact disenfranchisement can have in a tight race.

“I always tell people ‘you never know when it could be your one vote that really makes a difference that decides an election,’” she said.

You don’t have to look far for those who could be the one missing vote. Reedville resident Elizabeth Shelton was convicted of a felony in 2019 but had her rights restored by Governor Ralph Northam in 2021.

“I immediately registered to vote. I voted in my local elections of that year, I voted in the governor’s race,” Shelton said.

But Shelton had her rights revoked by the Youngkin administration after what’s described as a computer error misclassified a probation violation as a new felony. She went public with the issue and had the mistake corrected in time to vote this year.

Another consistent voter who saw their name pulled from the rolls was Galen Baughman. He too had his rights restored by Northam but was shocked when he went to vote in the primary that he was no longer allowed to do so.

“I haven’t been charged with a crime since I was a teenager, but the technical revocation was from a year ago,” he said. After multiple calls to the Virginia State Police and his local registrar, it took a lawsuit for a judge to reinstate his right to vote.

Both Shelton and Baughman are grateful to regain the ability to vote, with the Reedville resident saying losing the right “makes you feel less than.”

“I live here, I contribute, I work in my community,” Shelton said. “And for my voice to not count or be heard, it’s not right.”

The Virginia Department of Elections said Friday that it has reinstated about 3,400 voters who reportedly had the same error. And Youngkin has asked for an independent investigation into the problem.

But the ACLU of Virginia pointed to a 2023 report which showed more than 17,000 voters were removed from the rolls for alleged felony violations.

“The simple fact is that potentially thousands of Virginians still don’t have voting rights who should,” the group said in a statement, before suggesting they've heard from other formerly incarcerated, would-be voters who are afraid to complain about their status or face further punishment.

This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.

Brad Kutner is Radio IQ's reporter in Richmond.