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Federal judge sides with Va. in NAACP voting complaint

05:46 PM EST on Monday, November 3, 2008

By 13News & Associated Press

RICHMOND  -- With increased interest expected for Tuesday’s presidential election, many civil rights groups are worried everyone won’t get a chance to vote.

Video: Judge decides Election Day voting issue
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The NAACP Monday asked a federal judge to step in to extend Virginia’s voting time by two hours and to allow paper ballots when lines are too long.

But Monday afternoon, US District Judge Richard Williams denied the group's motion for preliminary injunction and sided with the state.

He looked to the future, however, saying Virginia needs to implement early voting and require more machines.

“The General Assembly needs to make the changes, not this court,” Judge Richard Williams.

Judge Williams also ordered the state, within the next 24 hours, to publicize the existence of curbside voting and to emphasize that anyone in line by 7:00 p.m. can vote, no matter how long it takes.

The NAACP had withdrawn its request for a hearing on Thursday after receiving new information from state officials about the placement of election day resources. At the time, NAACP officials said a new hearing before the election was unlikely.

But after assessing the updated information, the NAACP concluded preparations were still insufficient and on Friday requested a new hearing.

"We went back and looked at the numbers, and it's still the same old bad news. We're still seeing disparities between black and white precincts," said Ben Jealous, national NAACP president.

State Elections officials have stated for weeks now that anyone in line at the 7:00 p.m. deadline Tuesday will be able to cast a vote.

WHAT IS CURBSIDE VOTING:

Curbside voting is available for people ages 65 and older, or any person with a disability. With the implementation of HAVA (Help America Vote Act), curbside voters may now be able to vote on an electronic voting device in lieu of a paper ballot.  

To vote curbside, the voter must ask his or her driver or other individual to inform the officers of election that there is a person wishing to vote curbside. The necessary equipment will be brought to you in your vehicle. The voter shall be afforded every opportunity to vote in a private and independent fashion, but voting equipment must remain in the view of the election officers.

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