Problems on voting day in Williamsburg

Was coercion present?

It’s local election day here in Williamsburg. Despite the rain, we have three positions for the city council that need to be filled. The race has been widely watched as graduating senior Benny Zhang has been pushing for the student vote. Taking a considerable blow last night after The Flat Hat published an editorial by SA President Yohance Whitaker in support of Zhang’s opponent, Barbara Ramsey ‘75, Zhang’s campaign went into today hopeful.

It seemed the Zhang campaign was maybe a little too hopeful. According to sources and first hand reports, the Zhang campaign has placed a Snapchat geo filter over the United Methodist Church where voting is occurring on Jamestown Road.

Now in the abstract there would be nothing wrong with this except for the two following statutes in Virginia code:

24.2-604. Prohibited activities at polls; notice of prohibited area; electioneering; presence of representatives of parties or candidates; simulated elections; observers; news media; penalties.

A. During the times the polls are open and ballots are being counted, it shall be unlawful for any person (i) to loiter or congregate within 40 feet of any entrance of any polling place; (ii) within such distance to give, tender, or exhibit any ballot, ticket, or other campaign material to any person or to solicit or in any manner attempt to influence any person in casting his vote; or (iii) to hinder or delay a qualified voter in entering or leaving a polling place.

D. It shall be unlawful for any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attempt to influence any person in casting his vote; (iv) hinder or delay any officer of election; (v) be in a position to see the marked ballot of any other voter; or (vi) otherwise impede the orderly conduct of the election.

Below is the Snapchat filter that was present in the church. The foot and black square in the corner is the man and the machine that count ballots, not more than four feet away.

It would seem that the Snapchat filter, which can be received anywhere in the polling place, might in fact be violating the 40-foot rule. It would appear that, perhaps, the Zhang campaign violated Virginia voting law. However, there is no statute that specifically addresses this form of social media presence.

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