July 30 2014

Edgardo Cortes, Commissioner of Elections

Washington Building
1100 Bank Street, First Floor
Richmond, VA 23219

CC: Charles Judd, Chairman, State Board of Elections
Kimberly Bowers, Vice-Chair, State Board of Elections
Don Palmer, Secretary, State Board of Elections
Matt Davis, Chief Information Office, Department of Elections
Martha Brissette, Policy Analyst, Department of Elections

Dear Commissioner Cortes,

It has come to our attention that the Department of Elections has erroneously mailed notification
to approximately 125,000 registered Virginia voters that they may no longer be eligible to vote in
the Commonwealth. As we are sure you are aware, this mistake is serious and steps must be
taken immediately to rectify the situation. Voting is at the heart of what it means to be an
American. Any action, intentional or accidental, which impedes that right is a serious threat to our
democracy and should be addressed as such. On top of changing voting rules this year, the voter
confusion this mailing could create is unacceptable if even one eligible voter is dissuaded from
exercising their constitutional right.

Impacted voters must be officially assured of their voter registration status before the November
2014 election. Additionally, for any affected individuals in districts or localities holding an August
19th special election, steps must be taken immediately to proactively verify voters' registration.

In order to assure appropriate and timely steps are taken to rectify this distressing
situation, we are requesting an immediate plan from the Department of Elections to
contact all 125,000 voters affected and reassure them as to their registration status. We
additionally request a similar expedited plan to immediately contact any voters eligible to vote in
special elections on August 19th. We wish to see included in these plans proposed budget
appropriations from the Department for additional mailings to affected individuals, a hotline
number for voters to contact with questions, and specific instructions to local registrars on how
they may best reduce voter confusion.

Pursuant to Virginia's Freedom of Information Act, we also request a copy of the list of voters who
received this erroneous mailing to assist us in further determining what outreach and education
steps might be necessary to ensure every Virginia voter can cast a ballot.

We are confident the Department will take this situation seriously and respond with the urgency
that is necessary. We look forward to receiving your response and a draft plan for outreach in the
next 10 business days.

Sincerely,

ProgressVA Education
Virginia New Majority Education Fund
Fair Elections Legal Network