Rabbi Sues DC City Board Because Election Falls On Passover

Rabbi Shmuel Herzfeld, leader of Ohev Sholom — The National Synagogue, asked a federal judge Wednesday to change the date of the election or extend the hours to 10 p.m. or later.

 

D.C. rabbi sues city board; election falls on Passover
Mike DeBonis • Washington Post

A District rabbi is suing the city’s elections board, claiming that observant Jews will be precluded from voting in an upcoming special election.

The April 26 election, to elect an at-large D.C. Council member and two State Board of Education members, falls on the last day of Passover. Observers of the holy day would be prohibited from voting until 8:40 p.m. Polls are set to close at 8 p.m.

Rabbi Shmuel Herzfeld, leader of Ohev Sholom — The National Synagogue, asked a federal judge Wednesday to change the date of the election or extend the hours to 10 p.m. or later.

By setting the election when it did, his lawsuit claims, the D.C. Board of Elections and Ethics “infringe[d] on the ability of the observant Jewish community to fully participate in this election.”

In response to Herzfeld’s concerns, the board voted last week to offer additional early voting at its downtown headquarters on Sunday, April 17, from 12:30 p.m. to 5:30 p.m. Affected voters also can apply for an absentee ballot.

But those options, according to Herzfeld’s suit, still requires “more of observant Jewish voters . . . than of other voters.” Thus, he argues, the election remains unconstitutional.

“Rabbi Herzfeld,” his lawsuit reads, “wants the opportunity to vote in-person on Election Day.”

Elections officials say their hands are tied. The date is set by District law and election hours cannot be changed except by court order, board spokeswoman Alysoun McLaughlin said. If they were extended, she said, keeping the city’s 142 polling places open would create serious logistical problems.

Herzfeld’s suit disputes that the date is inviolable, noting that the board has the power to combine special elections set to occur close together.

McLaughlin said the board has sent absentee ballot applications and information on early voting to several synagogues and Jewish organizations. She added that several other jurisdictions, in five states, have also set elections for the same day.

Herzfeld said that the early voting location, at the One Judiciary Square office building, is particularly inconvenient to members of his congregation, which is in Shepherd Park, in the far northern reaches of the city.

“It’s about as far as you could possibly get from early voting,” he said. “I think that’s a real disadvantage.”

A hearing before U.S. District Judge Emmet G. Sullivan is set for noon Friday.

Comments

[David]

What on earth is wrong with absentee or early voting? Observant Jews all over the democratic world do this with no complaints.

[Adam Neira]

This is an interesting issue. A clash of calendars. On the one hand it is prudent for the Jews of a nation to observe the local customs and laws I.e. What Jeremiah and Mar Samuel mention. On the other hand the Jewish people wherever they are are entitled to observe their particular customs. We are currently living in amazing times that were prophesied many moons ago. The divine Messianic calendar will prevail. Voting is an important part of the democratic process and many elections in Western nations are held on a Saturday. How about pre-poll voting to solve this problem ?

[RiverdaleApikorus]

I know Herzfeld. He is an attention grabber like his mentor Avi Weiss and will do everything he can to attract more publicity for himself. Indeed, the election officials responded reasonably and made it possible for frum Jews to vote. They can also get absentee ballots. Herzfeld makes Jews hated by non-Jews through his stupid demands.

[Gevezener Chusid]

attention grabber or not, he is right.
Out of respect for Christian tradition, they would never think of scheduling an election on, say, Good Friday, even though Christians have no religious rules precluding their participating in an election on that day.

[David]

attention grabber or not, he is right.
Out of respect for Christian tradition, they would never think of scheduling an election on, say, Good Friday, even though Christians have no religious rules precluding their participating in an election on that day.

Its the majority that has to be catered for with provision for others that cannot vote on election day. It would be impossible to schedule elections that catered for all unacceptable days for all minority groups - taking into account all minority groups there is probably some significant day on almost every date in the calendar. E.g. look at http://www.interfaithcalendar.org/2011.htm

[Aussie]

He thinks it's better to make a Chilul Hashem then to make a postal vote...

[Catcher50]

Can we review this, for a minute:

1. Herzfield is, basically, a self promoter. He came to DC a few years ago, took over a moribund Orthodox congregation, that could barely make a minyan on Shabbat. He made a big fuss and "renamed" it, the "National Synagogue", for absolutely no legitimate reason. It wasn't the largest Orthodox synagogue in DC, proper (much less the suburbs). It wasn't a "Cathedral" synagogue (there are both a Conservative and a Reform congregation that can claim that distinction).

2. The revival of Ohev Shalom was a positive, but it now has moved into a much more even status. It's no longer growing like when he first came to town. The other "in town" Orthodox congregation has resumed its well deserved senior position.

3. Herzfield now needs something to call attention to himself, hence the lawsuit. DC has more than adequate provisions for pre-poll or absentee voting. Herzfield's statement assigning import to voting in person goes contrary to everything that most states are doing to make it easier to vote, either by absentee ballot or pre-polling day voting sites.

4. The date, for this very minor election (an election for an at-large city council seat, because the "current" seat holder was elected to the chairmanship of the council), was set by law.

Frankly, there are some options for eliminating the problem (i.e. start national elections at, say, 12 noon on Friday, Eastern Time, and close the polls at Noon on Sunday, Hawaii Time), and most jurisdictions would follow suit, but that would require a change in the Constitution, and a change in 225 years of tradition.

Herzfield is a blowhard who feels upset because no one is paying attention to him, anymore.

[Liberal Ferd]

I, for one, think his demands are quite reasonable.

[Catcher50]

@LF...

How are his demands reasonable. If he is so hyped about voting, just let him vote either absentee or before the polls open.

DC is a jurisdiction that (as do many local governments)has serious financial problems. It is exacerbated by restrictions put on it by the Federal Government. So your (and Herzfield's solution) is for the DC government to spend thousands and thousands of taxpayer dollars (either solution he proposes would cost big bucks) to cave in to a couple of hundred Orthodox Jews. FYI, there are two Orthodox congregations in DC, both of which are quite small. OTOH, both Adas Israel (Conservative) and Washington Hebrew (reform) have multi-thousands of members. Additionally, there is another medium sized Conservative congregation and two medium sized Reform congregations. Add all of this to a rebuilt 19th century synagogue that houses a number of Havuras. None of the other congregations have objected.

This is simply one self aggrandizing, self promoting rabbi trying to make headlines and paint himself and the Jewish community as victims.

[ah-pee-chorus]

i can start a religion which forbids any writing, typing, or use of electronics. can i demand the right to vote verbally? or maybe i'll say my beliefs forbid voting except from 2AM - 4AM. the govt. cant be in the business of evaluating which religions deserve to be considered and which rejected. so rabbi, either find a way to vote when scheduled,make use of existing alternatives such as absentee, or dont vote and shut up. youre wasting my tax dollars.

[Pagan]

Memo to Rabbi Herzfeld (and numerous others)

The Earth revolves around the Sun, not around the Jews. Suck it up and move on.