Washington Lawyer - July/August 2024 - 28

FEATURE
Gibbons submitted a request for assistance
to EOLDN, and within hours she
received a call from Pershing. " It was
extremely helpful for me to find that
there was a way for me to get a pro
bono lawyer because I don't know if I
would have been able to sustain the
case on my own, " says Gibbons. " If I
was going to lose my job and the income
and the insurance for my family,
how could I pay for an attorney? "
DAVID BECKER
Center for Election Innovation
& Research
On May 30, 2023, Gibbons was notified
that her contract would not be renewed,
and the election board named
her replacement. Pershing filed a preliminary
injunction to reinstate Gibbons
while the case went forward, but
the court wouldn't hear the case until
the board got a lawyer, which took time. In the meantime, Gibbons
worked as a full-time substitute teacher for a local school district.
" Not only is Christine herself out of a job, forced into temporary work to
help support her family, but the election administrator who replaced her
has no experience running elections, " Pershing says. This is why EOLDN's
work is critical - it gives " nonpartisan election officials a way to fight
back against hostile partisan takeovers of their functions, " he adds.
A lower court judge ruled in Gibbons's favor on the defendants' motions
to throw out the case, and the GOP members of the board appealed to
the Fourth Circuit. On April 19, 2024, the appeals court affirmed the district
court's denial of the motions to dismiss.
According to Pershing, Gibbons has asked the district court for the earliest
possible evidentiary hearing on her pending motion for a preliminary
injunction reinstating her as registrar while the case proceeds. If the
judge grants the injunction, the board members could seek a stay of the
injunction pending appeal. If the appeals continue, the delay will likely
ensure that the board's registrar will oversee the November election.
" Christine's claim is actually pretty straightforward - she was removed
from office for partisan political reasons as soon as a new partisan majority
took over her electoral board, " says Pershing. " This same thing has
happened in Virginia before and led to successful First Amendment lawsuits
by the election administrators who were removed. In fact, one of
those cases happened in Lynchburg itself, so the electoral board should
have known better. "
A LEGAL LIFELINE
Another local official who was matched to a pro bono attorney by
EOLDN was Natalie Adona, clerk-recorder for Nevada County, California.
Despite her extensive experience in election administration and policy,
Adona faced persistent threats from a vocal group of conservative local
activists, and she was uncertain where to turn for help.
Adona's case was challenging because it combined two polarizing topics
of controversy: mask mandates during the pandemic and the 2020
presidential election results. During an acute outbreak of the Delta variant
in her county in early 2022, Adona had come under fire for instituting
a strict mask mandate for workers and visitors inside her office.
28 WASHINGTON LAWYER
* JULY/AUGUST 2024
Around the same time, county citizens initiated a recall of the board of
supervisors, with many of the complaints focused on COVID protocols
but also on the 2020 election outcome. Adona was faced with aggrieved
picketers equally outraged by masking requirements, the recall campaign,
and the 2020 presidential election. Protesting outside the building
evolved into pushing into the office and threatening her staff.
" Some people really did not like what I was doing with the masks and
thought it was a political move rather than essentially a request from
my staff, " says Adona, who had served as the assistant clerk-recorder for
three years. " It sort of spiraled into this really hard situation for me professionally
and personally, and I wasn't sure who I could trust. "
Despite the tumult, Adona decided to run for county clerk-recorder in
June 2022 after her boss announced his retirement. The contest drew
two other opponents - one who claimed fraud regarding the 2020
election (which the county denied), expressed a belief that mail-in ballots
lead to cheating, and felt that county officials should have the authority
to break open and inspect voting machines.
Preparing herself for the pushback, Adona spoke with the county counsel,
who represents elected officials, and asked for advice about her
rights in the face of the protests and personal attacks. The answer was
disappointing and hard to hear - there wasn't much she could do as an
elected official. Frustrated, Adona sought a second opinion from EOLDN.
" I got matched with an EOLDN attorney within 24 hours, and it was really
good to talk to this person because he was sympathetic to my situation, "
says Adona. " He was able to confirm that my county counsel had given
me proper advice and confirmed that I would just have to sit and take
the harassment. He offered to be a sounding board and provide any sort
of counsel that I needed. It made me feel a lot better and more confident
in going forward. "
Adona's confidence buoyed her campaign, and she eventually had the
last word. She secured close to 68 percent of the votes cast for clerkrecorder.
The third candidate had a conservative activist demand a recount
on his behalf, but later withdrew the request.
For both Adona and Gibbons, EOLDN was the legal lifeline they needed
to navigate potentially volatile circumstances. " It was extremely helpful
for me to find that there was a way to get a pro bono lawyer because
I [couldn't afford one] on my own, " says Gibbons.
Ultimately, the goal of EOLDN is to be so successful that it can close its
doors, but that may not happen in 2024 given the current political climate.
Becker says the objective now is to keep recruiting attorneys because
the need is expected to grow substantially in the coming months.
In addition to tackling widespread election-worker harassment, CEIR as
a whole aims to strengthen election procedures to ensure trust in the
system and to encourage greater participation. It has done that work
through advocacy to improve regulations and laws governing elections,
to increase government funding for systems, and to safeguard elections
by encouraging improvements in voting technologies.
" As long as there are election officials who are being threatened, we'll be
around, and we're going to try to enhance our capacity to respond as
quickly and effectively as we can this year, " says Becker. " We know what's
ahead. "
Sarah Kellogg is a freelance writer based in the Washington, D.C., area.
Courtesy of CEIR
Washington Lawyer - July/August 2024

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