Good morning esteemed Members of the State Board of Elections and Virginia Department of Elections -

We have reviewed your proposed changes to the existing policies and procedures currently in place with regards to the use of electronic devices in polling places under 1VAC20-60-30.  We are deeply concerned with your proposed changes and are requesting that you strongly reconsider this decision.

Permitting voters to use cameras and/or audio or visual recording devices inside the polling place will create disruption and disorder.  Voters, as well as, Officers of Election should not feel intimidated by others.  If this is permitted, persons may be secretly recorded or photographed -or- knowingly recorded or photographed WITHOUT consent.  No one should be recorded without his/her express permission.  Who knows what would happen with this information?  Persons (both voters and Officers of Election) might feel threatened and their information may appear on local or national news, or worse yet, the worldwide web and the "Cloud" where it cannot be removed.

Furthermore, how do you protect our Protected Voters?  How can you guarantee their safety and privacy in the polling place from being compromised?  These are members of Law Enforcement and Judges, those under Court or Protective Order who may be stalked or threatened.  If this law is changed, then you cannot guarantee that one of these protected voters would not be photographed or recorded.  This is a violation of their protected rights.  We cannot guarantee their right to privacy if these policies are modified as indicated.  Additionally, those protected members of Law Enforcement should have their identities protected given their profession.  If photographs or recordings of these persons end up in the wrong hands, they might be targeted.

Officers of Election volunteer to serve at the polls as a matter of civic duty.  They certainly do not do it for the compensation.  They should be able to serve in this civic capacity without further complications in their life, accusations of impropriety or fear of reprisal.  To enact these proposed changes would result in our Officers of Election essentially "policing" Authorized Observers and voters on Election Day.  It is difficult enough to recruit volunteers to work without adding these additional duties and impositions to them.

We foresee potential lawsuits with accusations from voters regarding freedom of speech versus the ability to vote without being intimidated.  This is really opening Pandora’s box for accusations of misconduct and lawsuits.  Additionally, the Electoral Board’s hands are tied as proposed, Under Section D, “No policy disallowing use of all electronic devices by all voters is allowed.”

Voters should be permitted to vote in peace without fear of intimidation or reprisal and as little disruption as possible.  The proposed loosening of the current policies in place under Chapter 60 will, effectively, be the first step in creating chaos in the voting place.  People should be able to take the few minutes necessary to vote their ballot.  For individuals who have a problem detaching from their electronic device(s), take the few minutes to vote in peace, without fear or intimidation.  A person's Snap chat story, Instagram or Facebook status can always be updated after they leave the building.

Thank you for your consideration.