State of Virginia

Virginia Waynesboro Voting Machines Challenge

Lilly v. Beals

Lawsuit filed by Waynesboro County Board of Elections Chairman Curtis Lilly and Vice Chairman Scott Mares against Virginia Commissioner of Elections Susan Beals, Virginia Department of Elections, Waynesboro County Board of Elections and others challenging the accuracy of the county’s voting machines. On Election Day in Virginia, each county board of elections ensures the accuracy of the county’s voting machine results by comparing the votes tabulated to the number of ballots distributed and the number of voters who checked in at the polling place. Board members are prohibited from hand counting or otherwise accessing the ballots tabulated by a voting machine. The plaintiffs claim that this policy prohibits board members from personally reviewing ballots and ensuring that no mistakes have been made in the machine’s final count. They argue the Virginia Constitution prevents the counting of ballots in secret and further assert that any elections decided by voting machines are unconstitutional. The plaintiffs state they will refuse to certify the results of the November 2024 general election in Waynesboro County unless they are allowed to hand count the county’s ballots. 

STATUS: The Waynesboro County Board of Elections plaintiffs filed their complaint on Oct. 4, 2024. Litigation is ongoing in Waynesboro Circuit Court.

Case Documents

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