General Assembly Analysis: SB7

In the spirit of reviewing bills in the Virginia Senate, I will today be taking a look at SB7, which was brought to my attention by a concerned reader of this blog. SB7, sponsored by Sen. Creigh Deeds, is intended to extend to persons with any disability or illness the legal ability to obtain an absentee ballot. An identical bill, HB310, was sponsored by Del. Al Eisenberg in the House of Delegates.

Our concerned reader, the father of a 49-year old intellectually disabled man, expressed his concern that this bill presents a serious opportunity for extensive voter fraud. The reader's son is capable of writing, but does not understand what he is putting on the paper. Permitting someone in his condition, living in a group home, to vote by absentee ballot would allow the management of such homes to unduly influence the votes of all of the homes' residents. Statewide, there are about 20,000 votes that could be improperly influenced in such a manner. Current law requiring intellectually disabled persons to vote in person ensures that multiple voting officials will be present to prevent fraud.

No legal voters should be deprived of the right to vote, but it is of utmost importance that nobody be permitted to take advantage of intellectually disabled persons for the purpose of unfairly influencing elections. Physically disabled persons unable to reach polling sites are already permitted to vote via absentee ballot under Virginia law. Any amendments to the current law to expand the availability of absentee voting must be carefully crafted to protect against dishonest people taking advantage of the intellectually disabled.

SB7 passed the Senate in a unanimous vote, but was continued until 2009 in the House Committee on Privileges and Elections. HB310 was also continued by the P&E Committee.