WAYNESBORO - The Virginia Department of Elections has responded to the lawsuit filed by Waynesboro Board of Elections Chair Curtis Lilly and Vice Chair Scott Mares, asking the judge to throw the case out.
The recently filed motion from the Department of Elections points to Lilly and Mares' previous election certifications using the same ballot counting machines. It also makes the case the lawsuit was brought by their attorney, citing previous reporting from The News Leader and Cardinal News.
"Ranieri and this shadowy group of third parties had 'ideas' about initiating a lawsuit to prohibit the use of counting machines, so he searched for a legal basis on which to challenge the use of counting machines," reads the motion. "But he did not have standing to seek the discontinuance of the use of counting machines, so he sought out local board members to be 'injured' in order to solve the standing problem and seek their desired relief through these board members."
The filing also revealed Waynesboro elections workers feelings on the lawsuit.
"I have been informed by most of my existing election officials that they refuse to hand count all ballots or will refuse to assist my office in administering the election if they are forced to hand count all ballots," wrote Waynesboro Registrar Lisa Jeffers in an attachment to the motion.
Commissioner Susan Beals and Chairman John O'Bannon of the Virginia Department of Elections filed a motion to dismiss and demur the lawsuit.
"This contrived action is a dubious challenge to the election processes of the Commonwealth of Virginia that risk seriously disrupting the 2024 General Election and sowing baseless distrust in the same," reads the motion.
In the statement of facts section, it states Lilly and Mares "voted to approve the purchase and use of the DS300 machines on July 1, 2023" and that both were present when Jeffers tested them after they were delivered.
"The DS330s cannot be programmed to change votes after the L&A testing is complete," the motion reads. "The DS300s are never connected to the internet and do not even have the capability to connect to WiFi. After L&A testing the DS300s are stored in a secure bank vault in Ms. Jeffers' office that is only accessible by her."
The machines were then used in the 2023 General Election, March presidential primary, and in the June Virginia primary. Lilly was present for testing ahead of the 2023 and June elections, Mares was not present for any of them. Neither was present for L&A testing ahead of today's election.
The Department of Elections attorneys were critical of the case all the way down to the foundations, calling the idea of damages if they're forced to certify "an absurdity."
"Plaintiffs lack standing to bring this case - which they publicly admit was entirely contrived by their attorney - because they have not suffered and will not suffer any cognizable harm," the motion reads. "Plaintiffs' asserted harm is illusory and one of their own making - they have certified many previous elections in the Waynesboro used the exact same counting machines without suffering injury and plaintiffs' certification of the 2024 General Election would similarly not harm them."
The complaint also states both Beals and O'Bannon have sovereign immunity as part of the state government.
"The defendant respectfully ask that this Honorable Court grant this plea in bar of sovereign immunity and dismiss this action in its entirety," reads the motion.
Lisa Jeffers supports the state's case
Waynesboro Registrar Lisa Jeffers wrote a statement, which was submitted as evidence for the state election's department.
"This lawsuit has put an undue burden on my office and its workers during an already busy election season," wrote Jeffers. "I am forced to spend a large portion of my time trying to restore the confidence of voters and assuring them that my office will follow state statute. I spend the majority of my time now answering emails and phone calls from voters who are confused and concerned about whether their ballots are going to count due to this lawsuit. This has had a very negative effect on this office."
If the process were to change the way Lilly and Mares request, requiring a hand count, the entire Waynesboro elections department would have to be retrained. Jeffers also wrote hand counting ballots results in a much higher error rate than machine counting and would create an "inevitably" delayed election result.
"The voting machine is simply a tabulator or an adding machine," Jeffers wrote. "This has created a huge problem of election interference. I believe my time would be better served [serving] voters and not having to constantly assure them their vote is safe, secure, and will be counted."
Jeffers full statement is available at the end of the state's motion. On election day, Jeffers was in fully support of recent counter lawsuit decision, and added she hopes the judge will also toss the initial lawsuit.
"I'm glad the judge made the decision he made, it's the right one," Jeffers wrote in an email. "I'm also hoping that this entire matter will be thrown out of court and restore the voter's confidence!"