Case: League of Women Voters of Virginia v. Virginia State Board of Elections

6:20-cv-00024 | U.S. District Court for the Western District of Virginia

Filed Date: April 17, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID 19 Summary: The League of Women Voters of Virginia and three individual voters filed a suit against the Virginia State Board of Elections to remove Virginia’s witness requirement. The parties reached a partial agreement, which the court approved in a consent decree, to remove the requirement for the June 23, 2020 elections. On August 5…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID 19 Summary: The League of Women Voters of Virginia and three individual voters filed a suit against the Virginia State Board of Elections to remove Virginia’s witness requirement. The parties reached a partial agreement, which the court approved in a consent decree, to remove the requirement for the June 23, 2020 elections. On August 5, the parties came to an agreement to stop enforcement of the witness requirement for the November 3 General Election and collectively sought approval of a partial consent judgment, which the court approved on August 21. The case is ongoing.


On April 17, 2020, the League of Women Voters of Virginia and three individual voters filed a complaint against the Virginia State Board of Elections to remove Virginia’s witness requirement in the U.S. District Court for the Western District of Virginia. Represented by the American Civil Liberties Union (ACLU) and ACLU of Virginia, the plaintiffs brought this lawsuit under 42 U.S.C. §§ 1983 and 1988, 52 U.S.C. § 10302 and 28 U.S.C. §§ 2201-02, seeking declaratory and injunctive relief for violation of their First and Fourteenth Amendment rights and Section 2 of the Voting Rights Act. Specifically, they alleged that requiring absentee ballots to be marked in the presence of a witness was contrary to social distancing guidelines and that forcing voters to comply amid the COVID-19 pandemic unduly burdened the fundamental right to vote by forcing voters to choose between their safety and right to vote. Additionally, they alleged that the requirement disproportionately discriminated against elderly voters, African American voters, and voters with disabilities who face a heightened risk of illness from COVID-19. The case was assigned to Judge Norman K. Moon.

On April 21, the plaintiffs filed a motion for preliminary injunction that would: (1) prohibit the defendants from enforcing the witness requirement for the June 23 primary and all subsequent elections; (2) order the defendants to issue guidance instructing city and county election officials to count otherwise validly cast absentee ballots that are missing a witness signature for the June 23 primary election; (3) order the defendants to conduct a public campaign informing Virginia voters about the elimination of the requirement.

On April 23, a group of three individuals filed a motion to intervene as defendants. The next day, the Republican Party of Virginia (RPV) and another group of three voters also filed a motion to intervene. The following day, all of the individuals' requests to intervene were denied because they would unnecessarily expand the scope of the litigation and detract from timely resolution. 2020 WL 2090679. However, the RPV’s motion to intervene was granted. 2020 WL 2090678.

On April 27, the parties filed a joint motion for a partial consent decree, agreeing to withdraw the preliminary injunction motion in exchange for the defendant’s agreement to forego enforcement of the witness requirement for the June Primary.

On May 5, Judge Moon approved the partial consent decree. 2020 WL 2158249. The case was referred to Magistrate Judge Robert S. Ballou for all nondispositive pretrial motions and issues.

On June 19, the plaintiffs filed an amended complaint with one of the named plaintiffs removed. On July 17, the plaintiffs filed a second amended complaint with three additional plaintiffs who were at higher risk from COVID-19 due to underlying medical conditions.

The plaintiffs moved for a preliminary injunction for the upcoming November 3 election and other subsequent elections affected by COVID-19 on July 23.

On August 5, the parties came to an agreement to stop enforcement of the witness requirement for the November 3 General Election and collectively sought approval of a partial consent judgment. The district court approved the second consent judgment and decree on August 21, finding that the same reasons for the previous consent decree carried even more force, as the pandemic has resurged. 2020 WL 4927524.

A bench trial is scheduled for May 19-21, 2021. The case is ongoing.

Summary Authors

Averyn Lee (9/22/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17078084/parties/league-of-women-voters-of-virginia-v-virginia-state-board-of-elections/


Judge(s)

Ballou, Robert S. (Virginia)

Moon, Norman K. (Virginia)

Attorneys(s) for Plaintiff

Agraharkar, Vishal Mahendra (Virginia)

Cepeda Derieux, Adriel I. (New York)

Heilman, Eden Brooke (Virginia)

Hellman, Eden B. (Louisiana)

Ho, Dale E. (New York)

Lakin, Sophia L. (New York)

Lee, Theresa J. (New York)

Rosborough, Davin McKay (New York)

Judge(s)

Ballou, Robert S. (Virginia)

Moon, Norman K. (Virginia)

Attorneys(s) for Plaintiff

Agraharkar, Vishal Mahendra (Virginia)

Cepeda Derieux, Adriel I. (New York)

Heilman, Eden Brooke (Virginia)

Hellman, Eden B. (Louisiana)

Ho, Dale E. (New York)

Lakin, Sophia L. (New York)

Lee, Theresa J. (New York)

Rosborough, Davin McKay (New York)

Attorneys(s) for Defendant

Bopp, James Jr. (Indiana)

Braden, E. Mark (District of Columbia)

Brown, Calvin Cameron (Virginia)

Henry, Patrick Cullen II (Virginia)

Herring, Mark R. (Virginia)

Kallen, Michelle S. (Virginia)

Lewis, Patrick T (Ohio)

Lockerman, Heather Hays (Virginia)

Marrs, Bradley Phipps (Virginia)

Marston, Christopher Michael (Virginia)

Milbank, Courtney Turner (Indiana)

Raile, Richard B. (District of Columbia)

Stanley, Trevor Marshall (District of Columbia)

Other Attorney(s)

Adams, John Christian (Virginia)

Craig, Graven Winslow (Virginia)

Forys, Matthew C (Virginia)

Johnson, Noel H. (Indiana)

Lienhard, Jonathan (Virginia)

Lienhard [inactive], John P. (Virginia)

McKnight, Katherine L. (District of Columbia)

O’Neill, Michael J (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 19, 2020 Docket
1

Complaint

April 17, 2020 Complaint
16, 17 (& 17-1 to 17-6)

Plaintiffs' Motion for Preliminary Injunction and Brief in Support

April 21, 2020 Pleading / Motion / Brief
22, 22-1, 22-2, 23

Motion to Intervene and Brief in Support

April 23, 2020 Pleading / Motion / Brief
28, 28-1, 28-2, 29

Motion to Intervene of the Republican Party of Virginia, Vicki Burns, Vince Falter, Mildred H. Scott, and Thomas Turner and Memorandum in Support

Leauge of Women Voters of Virginia v. Virginia State Board of Elections

April 24, 2020 Pleading / Motion / Brief
35, 35-1, 36

Joint Motion for Entry of Partial Consent Judgment and Decree and Partial Consent Judgment and Decree

Leageu of Women Voters of Virginia v. Virginia State Board of Elections

April 27, 2020 Pleading / Motion / Brief
48, 48-1, 48-2

Brief of the Public Interest Legal Foundation and Landmark Legal Foundation as Amici Curiae

April 28, 2020 Pleading / Motion / Brief
37

Voter Defendants' Opposition to Plaintiffs' Preliminary-Injunction Motion

April 28, 2020 Pleading / Motion / Brief
44, 44-1, 44-2

Brief of Proposed Intervenors, Republican Party of Virginia, Inc., et al., in Opposition to Plaintiffs' Motion for Preliminary Injunction

April 28, 2020 Pleading / Motion / Brief
40, 40-1, 40-2

Plaintiffs' Consolidated Brief in Opposition to Motion to Intervene

April 28, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

League of Women Voters of Virginia v. Virginia State Board of Elections

ACLU of Virginia

In light of the COVID-19 outbreak, the American Civil Liberties Union and ACLU of Virginia filed a federal lawsuit challenging Virginia’s “witness requirement.” Under Virginia law, any voter who subm… April 17, 2020 https://acluva.org/en/cases/league-women-voters-virginia-v-virginia-state-board-elections

League of Women Voters of Virginia v. Virginia State Board of Elections

ACLU

In light of the COVID-19 outbreak, the American Civil Liberties Union and ACLU of Virginia filed a federal lawsuit on April 17, 2020, challenging Virginia’s “witness requirement.” Under Virginia law,… May 5, 2020 https://www.aclu.org/cases/league-women-voters-virginia-v-virginia-state-board-elections

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17078084/league-of-women-voters-of-virginia-v-virginia-state-board-of-elections/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against Virginia State Board of Elections, Robert H. Brink, John O'Bannon, Jamilah D. LeCruise, and Christopher E. Piper (Filing & Administrative fee $400.00, Receipt No. 0423-3372777), filed by League of Women Voters of Virginia, Katherine D. Crowley, Erikka Goff, and Seijra Toogood. (Attachment: # 1 Civil Cover Sheet)(ca)

1 Civil Cover Sheet

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April 17, 2020 PACER
2

Positive Corporate Disclosure Statement by League of Women Voters of Virginia identifying Corporate Parent League of Women Voters of the US for League of Women Voters of Virginia. (ca)

April 17, 2020 PACER
3

Negative Corporate Disclosure Statement by Katherine D. Crowley. (ca)

April 17, 2020 PACER
4

Negative Corporate Disclosure Statement by Erikka Goff. (ca)

April 17, 2020 PACER
5

Negative Corporate Disclosure Statement by Seijra Toogood. (ca)

April 17, 2020 PACER
6

Electronic Summonses Issued as to Virginia State Board of Elections, Robert H. Brink, John O'Bannon, Jamilah D. LeCruise, and Christopher E. Piper. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: # 1 Electronic Summons Issued to Robert H. Brink, # 2 Electronic Summons Issued to John O'Bannon, # 3 Electronic Summons Issued to Jamilah D. LeCruise, # 4 Electronic Summons Issued to Christopher E. Piper)(ca)

1 Electronic Summons Issued to Robert H. Brink

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2 Electronic Summons Issued to John O'Bannon

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3 Electronic Summons Issued to Jamilah D. LeCruise

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4 Electronic Summons Issued to Christopher E. Piper

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April 17, 2020 PACER
7

MOTION for Dale Ho to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3373629. by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Agraharkar, Vishal)

1 Exhibit

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2 Text of Proposed Order

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April 17, 2020 PACER
8

MOTION for Adriel I. Cepeda Derieux to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3373630. by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Agraharkar, Vishal)

1 Exhibit

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2 Text of Proposed Order

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April 17, 2020 PACER
9

MOTION for Sophia Lakin to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3373631. by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Agraharkar, Vishal)

1 Exhibit

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2 Text of Proposed Order

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April 17, 2020 PACER
10

MOTION for Theresa Lee to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3373632. by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Agraharkar, Vishal)

1 Exhibit

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2 Text of Proposed Order

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April 17, 2020 PACER
11

Oral ORDER REFERRING MOTIONS: 7 MOTION for Dale Ho to Appear Pro Hac Vice; 8 MOTION for Adriel I. Cepeda Derieux to Appear Pro Hac Vice; 9 MOTION for Sophia Lakin to Appear Pro Hac Vice; and 10 MOTION for Theresa Lee to Appear Pro Hac Vice. Motions referred to Robert S. Ballou. Entered by Senior Judge Norman K. Moon on April 20, 2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)

April 20, 2020 PACER

Order Referring Motion

April 20, 2020 PACER
12

ORDER granting 7 MOTION to Appear Pro Hac Vice Attorney Dale Ho for Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia and Seijra Toogood added. Signed by Magistrate Judge Robert S. Ballou on 4/20/2020. (al)

April 20, 2020 PACER
13

ORDER granting 8 MOTION to Appear Pro Hac Vice Attorney Adriel I. Cepeda Derieux for Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, and for Seijra Toogood added. Signed by Magistrate Judge Robert S. Ballou on 4/20/2020. (al)

April 20, 2020 PACER
14

ORDER granting 9 MOTION to Appear Pro Hac Vice Attorney Sophia Lakin for Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, and for Seijra Toogood added. Signed by Magistrate Judge Robert S. Ballou on 4/20/2020. (al)

April 20, 2020 PACER
15

ORDER granting 10 MOTION to Appear Pro Hac Vice Attorney Theresa Lee for Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, and for Seijra Toogood added. Signed by Magistrate Judge Robert S. Ballou on 4/20/2020. (al)

April 20, 2020 PACER
16

MOTION for Preliminary Injunction by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Agraharkar, Vishal)

April 21, 2020 PACER
17

Brief / Memorandum in Support re 16 MOTION for Preliminary Injunction . filed by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Attachments: # 1 Exhibit A - Reingold Declaration, # 2 Exhibit B - Iles Declaration, # 3 Exhibit C - Rosborough Declaration, # 4 Exhibit D - Goff Declaration, # 5 Exhibit E - Toogood Declaration, # 6 Exhibit F - Wake Declaration)(Agraharkar, Vishal)

1 Exhibit A - Reingold Declaration

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2 Exhibit B - Iles Declaration

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3 Exhibit C - Rosborough Declaration

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4 Exhibit D - Goff Declaration

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5 Exhibit E - Toogood Declaration

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6 Exhibit F - Wake Declaration

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April 21, 2020 PACER
18

MOTION to Expedite Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Agraharkar, Vishal)

April 21, 2020 PACER
19

NOTICE of Appearance by Carol Louise Lewis on behalf of All Defendants (Lewis, Carol)

April 22, 2020 PACER
20

NOTICE of Hearing: (CR) (No Interpreter requested) Telephonic Status Conference set for April 24, 2020 at 2:00 PM in Lynchburg before Senior Judge Norman K. Moon. (Parties will receive dial-in instructions by email.)(ca)

April 23, 2020 PACER

Notice of Hearing

April 23, 2020 PACER
21

NOTICE of Appearance by Heather Hays Lockerman on behalf of All Defendants (Lockerman, Heather)

April 23, 2020 PACER
22

First MOTION to Intervene by Sheila DeLappe Ferguson, Sandy Burchett, Diane Crickenberger. (Attachments: # 1 Exhibit Proposed Answer & Crossclaim, # 2 Text of Proposed Order Proposed Order)(Henry, Patrick)

1 Exhibit Proposed Answer & Crossclaim

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2 Text of Proposed Order Proposed Order

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April 23, 2020 PACER
23

Brief / Memorandum in Support re 22 First MOTION to Intervene . filed by Sandy Burchett, Diane Crickenberger, Sheila DeLappe Ferguson. (Henry, Patrick)

April 23, 2020 PACER
24

MOTION for James Bopp, Jr. to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3379751. by Sandy Burchett, Diane Crickenberger, Sheila DeLappe Ferguson. (Attachments: # 1 Exhibit Bopp Certification of Compliance, # 2 Text of Proposed Order Proposed Order)(Henry, Patrick)

1 Exhibit Bopp Certification of Compliance

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2 Text of Proposed Order Proposed Order

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April 23, 2020 PACER
25

MOTION for Courtney Turner Milbank to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3379781. by Sandy Burchett, Diane Crickenberger, Sheila DeLappe Ferguson. (Attachments: # 1 Exhibit Certificate of Compliance, # 2 Text of Proposed Order Proposed Order)(Henry, Patrick)

1 Exhibit Certificate of Compliance

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2 Text of Proposed Order Proposed Order

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April 23, 2020 PACER
26

NOTICE of Appearance by Michelle Shane Kallen on behalf of All Defendants (Kallen, Michelle)

April 24, 2020 PACER

Order Referring Motion

April 24, 2020 PACER
27

Oral ORDER REFERRING MOTIONS: 24 MOTION for James Bopp, Jr. to Appear Pro Hac Vice; and 25 MOTION for Courtney Turner Milbank to Appear Pro Hac Vice. Motions referred to Robert S. Ballou. Entered by Senior Judge Norman K. Moon on April 24, 2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)

April 24, 2020 PACER
28

MOTION to Intervene by Republican Party of Virginia, Inc., Vincent E. Falter, Mildred H. Scott, Thomas N. Turner, Jr.. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Proposed Order))(Marston, Christopher)

1 Exhibit A

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2 Exhibit B (Proposed Order)

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April 24, 2020 PACER
29

Brief / Memorandum in Support re 28 MOTION to Intervene . filed by Vincent E. Falter, Republican Party of Virginia, Inc., Mildred H. Scott, Thomas N. Turner, Jr.. (Marston, Christopher)

April 24, 2020 PACER
30

Minute Entry for telephone conference held before Senior Judge Norman K. Moon: Status Conference held on 4/24/2020. (Court Reporter: Mary Butenschoen) (al)

April 24, 2020 PACER
31

ORDER granting 18 Motion to Expedite Briefing Schedule. The Court hereby ORDERS the briefing schedule set forth herein be strictly adhered to. The parties are directed to confer with Scheduling Clerk Carmen Amos as soon as is feasible in order to schedule a hearing on Plaintiff's Motion for Preliminary Injunction, Dkt. 16, which is to be held on an agreed-upon time on May 4, 2020. Signed by Senior Judge Norman K. Moon on April 24, 2020. (ca)

April 24, 2020 PACER
32

ORDER granting 24 MOTION to Appear Pro Hac Vice. Attorney James Bopp, Jr. for Sandy Burchett, Diane Crickenberger, and Sheila DeLappe Ferguson added. Signed by Magistrate Judge Robert S. Ballou on April 27, 2020. (ca)

April 27, 2020 PACER

Notice of Hearing on Motion

April 27, 2020 PACER
33

ORDER granting 25 MOTION to Appear Pro Hac Vice. Attorney Courtney Turner Milbank for Sandy Burchett, Diane Crickenberger, and Sheila DeLappe Ferguson added. Signed by Magistrate Judge Robert S. Ballou on April 27, 2020. (ca)

April 27, 2020 PACER
34

NOTICE of Hearing on Motion 16 MOTION for Preliminary Injunction : (CR) (No Interpreter requested) TELEPHONIC Motion Hearing set for May 4, 2020 at 10:00 AM in Lynchburg before Senior Judge Norman K. Moon. (Parties to receive dial-in instructions via email.)(ca)

April 27, 2020 PACER
35

Joint MOTION to Approve Consent Judgment (Partial Consent Judgment and Decree) by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Attachments: # 1 Exhibit A - proposed Partial Consent Judgment and Decree)(Rosborough, Davin)

1 Exhibit A - proposed Partial Consent Judgment and Decree

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April 27, 2020 PACER
36

Joint Brief / Memorandum in Support re 35 Joint MOTION to Approve Consent Judgment (Partial Consent Judgment and Decree) . filed by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Rosborough, Davin)

April 27, 2020 RECAP
37

First Brief / Memorandum in Opposition re 17 Brief / Memorandum in Support, 16 MOTION for Preliminary Injunction . filed by Sandy Burchett, Diane Crickenberger, Sheila DeLappe Ferguson. (Henry, Patrick)

April 28, 2020 RECAP

Notice of Hearing

April 28, 2020 PACER
38

MOTION for Leave to File Responsive Brief, re 35 Joint MOTION to Approve Consent Judgment (Partial Consent Judgment and Decree) seeking permission of Court to file brief in opposition by a date certain filed by Sandy Burchett, Diane Crickenberger, Sheila DeLappe Ferguson. (Attachment: # 1 Text of Proposed Order)(Henry, Patrick) Modified on 4/28/2020 - Docket text was modified to reflect the correct docket entry. (ca)

1 Text of Proposed Order

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April 28, 2020 PACER
39

NOTICE of Hearing: (CR) (No Interpreter requested) TELEPHONIC Status Conference set for April 29, 2020 at 4:00 PM in Lynchburg before Senior Judge Norman K. Moon. (Parties to receive dial-in instructions by email.) (ca)

April 28, 2020 PACER
40

Brief / Memorandum in Opposition re 28 MOTION to Intervene, 22 First MOTION to Intervene . filed by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Attachments: # 1 Exhibit A - Veasey v. Perry Order Denying Intervention, # 2 Exhibit B - United States v. Florida Order Denying Intervention)(Rosborough, Davin)

1 Exhibit A - Veasey v. Perry Order Denying Intervention

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2 Exhibit B - United States v. Florida Order Denying Intervention

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April 28, 2020 PACER
41

SECOND Expedited Briefing Order. This second expedited briefing schedule replaces the first expedited briefing schedule, Dkt. 31, in full. Signed by Senior Judge Norman K. Moon on April 28, 2020. (ca)

April 28, 2020 PACER
42

MOTION for Patrick T. Lewis to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3382282. by Vincent E. Falter, Republican Party of Virginia, Inc., Mildred H. Scott, Thomas N. Turner, Jr.. (Attachments: # 1 Exhibit Attorney Certificate, # 2 Text of Proposed Order Proposed Order)(Marston, Christopher)

1 Exhibit Attorney Certificate

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2 Text of Proposed Order Proposed Order

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April 28, 2020 PACER
43

MOTION for E. Mark Braden to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3382298. by Vincent E. Falter, Republican Party of Virginia, Inc., Mildred H. Scott, Thomas N. Turner, Jr.. (Attachments: # 1 Exhibit Attorney Certificate, # 2 Text of Proposed Order Proposed Order)(Marston, Christopher)

1 Exhibit Attorney Certificate

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2 Text of Proposed Order Proposed Order

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April 28, 2020 PACER
44

Brief / Memorandum in Opposition re 16 MOTION for Preliminary Injunction . filed by Vincent E. Falter, Republican Party of Virginia, Inc., Mildred H. Scott, Thomas N. Turner, Jr.. (Attachments: # 1 Exhibit A - Declaration of Mildred H. Scott, # 2 Exhibit B - Declaratin of Thomas N. Turner, Jr.)(Marston, Christopher) (Attachment 2 replaced on 4/28/2020) (ca). Modified on 4/28/2020 - Replaced deficient pdf document with corrected pdf document. (ca)

1 Exhibit A - Declaration of Mildred H. Scott

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2 Exhibit B - Declaratin of Thomas N. Turner, Jr.

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April 28, 2020 PACER
45

ORDER granting 38 Motion for Leave to File Responsive Brief filed by Sandy Burchett, Diane Crickenberger, and Sheila DeLappe Ferguson. The proposed intervenors shall submit their response in accordance with 41 the Second Expedited Briefing Order, which was issued on this date. Signed by Senior Judge Norman K. Moon on April 28, 2020. (ca)

April 28, 2020 PACER
46

Amicus Curiae APPEARANCE entered by Graven Winslow Craig on behalf of League of Women Voters of Virginia (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Exhibit)(Craig, Graven)

1 Supplement

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2 Exhibit

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3 Exhibit

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April 28, 2020 PACER
47

MOTION for Leave to File Amici Curiae Brief by Graven Winslow Craig on behalf of PILF and Landmark Legal Foundation. (Craig, Graven) Modified on 4/28/2020 - Docket text was modified to reflect the correct docket entry. (ca)

April 28, 2020 PACER
48

BRIEF / MEMORANDUM IN OPPOSITION filed by PILF and Landmark Legal Foundation as Amici Curiae entered by Graven Winslow Craig. (Attachments: # 1 Exhibit, # 2 Exhibit)(Craig, Graven) Modified on 4/28/2020 - Docket text was modified to reflect the correct docket entry. (ca)

1 Exhibit

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2 Exhibit

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April 28, 2020 PACER
49

Brief / Memorandum in Opposition re 28 MOTION to Intervene, 22 First MOTION to Intervene . filed by Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Lewis, Carol)

April 28, 2020 PACER
50

First MOTION for Leave to File Brief of Amicus Curiae by The Honest Elections Project. (Attachments: # 1 Exhibit, # 2 Exhibit)(Lienhard, Jonathan)

1 Exhibit

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2 Exhibit

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April 28, 2020 PACER
51

NOTICE of Appearance by Jonathan P. Lienhard on behalf of The Honest Elections Project (Lienhard, Jonathan)

April 28, 2020 PACER
52

ORDER granting 47 Motion for Leave to File Amici Curiae Brief; granting 50 First Motion for Leave to File Brief of Amicus Curiae. Signed by Senior Judge Norman K. Moon on April 29, 2020. (ca)

April 29, 2020 PACER
53

Reply re 40 Brief / Memorandum in Opposition, 49 Brief / Memorandum in Opposition, 22 First MOTION to Intervene, 23 Brief / Memorandum in Support . filed by Sandy Burchett, Diane Crickenberger, Sheila DeLappe Ferguson. (Henry, Patrick)

April 29, 2020 PACER
54

REPLY to Response to Motion re 28 MOTION to Intervene . filed by Vincent E. Falter, Republican Party of Virginia, Inc., Mildred H. Scott, Thomas N. Turner, Jr.. (Marston, Christopher)

April 29, 2020 PACER
55

ORDER denying 22 First Motion to Intervene by Sheila DeLappe Ferguson, Sandy Burchett, and Diane Crickenberger. Signed by Senior Judge Norman K. Moon on April 29, 2020. (ca)

April 29, 2020 PACER
56

Minute Entry for telephone conference held before Senior Judge Norman K. Moon: Status Conference held on 4/29/2020. (Court Reporter: Judy Webb) (al)

April 29, 2020 RECAP
57

ORDER granting in part and denying in part 28 Motion to Intervene by Republican Party of Virginia, Inc., Vincent E. Falter, Mildred H. Scott, and Thomas N. Turner, Jr. The motion with respect to RPV is hereby GRANTED; and the motion with respect to Falter, Scott, and Turner is hereby DENIED. Signed by Senior Judge Norman K. Moon on April 29, 2020. (ca)

April 29, 2020 RECAP
58

Brief / Memorandum in Opposition re 35 Joint MOTION to Approve Consent Judgment (Partial Consent Judgment and Decree) . filed by Republican Party of Virginia, Inc.. (Attachments: # 1 Declaration in Support of Authenticity of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Marston, Christopher)

1 Declaration in Support of Authenticity of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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April 30, 2020 RECAP
59

MEMORANDUM OPINION re 55 Order. Signed by Senior Judge Norman K. Moon on April 30, 2020. (ca)

April 30, 2020 RECAP
60

MEMORANDUM OPINION re 57 Order. Signed by Senior Judge Norman K. Moon on April 30, 2020. (ca)

April 30, 2020 RECAP
61

Reply re 16 MOTION for Preliminary Injunction . filed by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Attachments: # 1 Exhibit A - 7th Cong. Dist. Repub. Comm. Verified Complaint, # 2 Exhibit B - RPV Unopposed Mot and Consent Order to Extend Temp Injunction, # 3 Exhibit C - Order in Paher v Cegavske)(Rosborough, Davin)

1 Exhibit A - 7th Cong. Dist. Repub. Comm. Verified Complaint

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2 Exhibit B - RPV Unopposed Mot and Consent Order to Extend Temp Injunction

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3 Exhibit C - Order in Paher v Cegavske

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May 1, 2020 PACER
62

Reply re 35 Joint MOTION to Approve Consent Judgment (Partial Consent Judgment and Decree) . filed by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Attachments: # 1 Exhibit A - ACLU of VA Apr. 15 Ltr to VBOE)(Rosborough, Davin)

1 Exhibit A - ACLU of VA Apr. 15 Ltr to VBOE

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May 1, 2020 RECAP
63

Proposed Findings of Fact by Republican Party of Virginia, Inc..(Marston, Christopher)

May 1, 2020 PACER
64

Reply in Support of 35 Joint Motion for Entry of Partial Consent Judgment and Decree, ISO Consent Decree filed by Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Kallen, Michelle) (Attachment 1 replaced on 5/1/2020) (ca). Modified on 5/1/2020 - Replaced deficient pdf document with corrected pdf document - Doc. 64-1 (Exhibit A). (ca)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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May 1, 2020 PACER
65

NOTICE by Republican Party of Virginia, Inc. re 62, 64, 58 of Additional Authority (Attachments: # 1 Exhibit Apr. 14 2020 Order, Seventh Cong. Dist. Repub. Cmte.)(Marston, Christopher)

1 Exhibit Apr. 14 2020 Order, Seventh Cong. Dist. Repub. Cmte.

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May 4, 2020 PACER
66

Minute Entry for telephone hearing held before Senior Judge Norman K. Moon: Motion Hearing held on 5/4/2020 re 16 MOTION for Preliminary Injunction filed by Katherine D. Crowley, Seijra Toogood, Erikka Goff, League of Women Voters of Virginia. (Court Reporter: Judy Webb) (al)

May 4, 2020 PACER
67

ORAL ORDER REFERRING MOTIONS: 42 MOTION for Patrick T. Lewis to Appear Pro Hac Vice; and 43 MOTION for E. Mark Braden to Appear Pro Hac Vice. Motions referred to Robert S. Ballou. Entered by Senior Judge Norman K. Moon on May 5, 2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)

May 5, 2020 PACER

Order Referring Motion

May 5, 2020 PACER
68

ORDER granting 35 Joint Motion to Approve Consent Judgment. The proposed Partial Consent Judgment and Decree is APPROVED, which shall be attached to, and incorporated in, this Order. Signed by Senior Judge Norman K. Moon on 5/5/2020. (al)

May 5, 2020 PACER
69

MEMORANDUM OPINION re: 68 Order. Signed by Senior Judge Norman K. Moon on 5/5/2020. (al)

May 5, 2020 RECAP
70

ORDER granting 42 MOTION to Appear Pro Hac Vice. Attorney Patrick T. Lewis for Republican Party of Virginia, Inc., Vincent E. Falter, Mildred H. Scott, and Thomas N. Turner, Jr. added. Signed by Magistrate Judge Robert S. Ballou on May 11, 2020. (ca)

May 11, 2020 PACER
71

ORDER granting 43 MOTION to Appear Pro Hac Vice. Attorney E. Mark Braden for Republican Party of Virginia, Inc., Vincent E. Falter, Mildred H. Scott, and Thomas N. Turner, Jr. added. Signed by Magistrate Judge Robert S. Ballou on May 11, 2020. (ca)

May 11, 2020 PACER
72

ANSWER to Complaint 1 Complaint, by Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections.(Lockerman, Heather)

May 11, 2020 PACER
73

NOTICE by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood re 16 Withdrawal of Preliminary Injunction Motion (Rosborough, Davin)

May 13, 2020 PACER
74

PRETRIAL ORDER (CASE REFERRED to Magistrate Judge Robert S. Ballou as set forth herein). Signed by Senior Judge Norman K. Moon on 5/14/2020. (al)

May 14, 2020 PACER
75

NOTICE of Appearance by Calvin Cameron Brown on behalf of Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Brown, Calvin)

May 26, 2020 PACER
76

NOTICE of Hearing: (CR) (No Interpreter requested) - Bench Trial set for May 19 - 21, 2021 at 9:30 AM in Lynchburg before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ca)

May 27, 2020 PACER

Notice of Hearing

May 27, 2020 PACER
77

Rule 26(f) Agreed Written Plan by Plaintiffs Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood (Rosborough, Davin)

May 29, 2020 PACER
78

MOTION Drop Plaintiff Erikka Goff as a Party under FRCP 21 by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Exhibit A - Amended Complaint)(Agraharkar, Vishal)

1 Exhibit A - Amended Complaint

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June 15, 2020 RECAP
79

Brief / Memorandum in Support re 78 MOTION Drop Plaintiff Erikka Goff as a Party under FRCP 21 . filed by Katherine D. Crowley, Erikka Goff, League of Women Voters of Virginia, Seijra Toogood. (Agraharkar, Vishal)

June 15, 2020 PACER
80

ORDER granting 78 Motion to Drop Plaintiff Erikka Goff as a Party Under Fed. R. Civ. P. 21. Erikka Goff shall be removed as a Plaintiff in this lawsuit. Plaintiffs are further granted leave, pursuant to Fed. R. Civ. P. 15(a)(2), to file an Amended Complaint removing Ms. Goff and her claims. Signed by Magistrate Judge Robert S. Ballou on June 19, 2020. (ca)

June 19, 2020 PACER
81

AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against Virginia State Board of Elections, Robert H. Brink, John O'Bannon, Jamilah D. LeCruise, and Christopher E. Piper, filed by League of Women Voters of Virginia, Katherine D. Crowley, and Seijra Toogood.(ca)

June 19, 2020 RECAP
82

MOTION for Leave to File Second Amended Complaint by Katherine D. Crowley, League of Women Voters of Virginia, Seijra Toogood. Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Exhibit A - proposed Second Amended Complaint)(Rosborough, Davin)

1 Exhibit A - proposed Second Amended Complaint

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June 29, 2020 PACER
83

ORDER granting 82 Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge Robert S. Ballou on 7/17/2020. (ams)

July 17, 2020 PACER
84

SECOND AMENDED COMPLAINT against Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections, filed by League of Women Voters of Virginia, Katherine D. Crowley, Seijra Toogood, Tracy Safran, Carol D. Peterson, Gayle Hardy.(ams)

July 17, 2020 RECAP
85

Consent MOTION for Leave to File Excess Pages for Briefing related to Forthcoming Motion for Preliminary Injunction by Katherine D. Crowley, Gayle Hardy, League of Women Voters of Virginia, Carol D. Peterson, Tracy Safran, Seijra Toogood. Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Text of Proposed Order Proposed Order)(Agraharkar, Vishal)

1 Text of Proposed Order Proposed Order

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July 24, 2020 PACER
86

Brief / Memorandum in Support re 85 Consent MOTION for Leave to File Excess Pages for Briefing related to Forthcoming Motion for Preliminary Injunction . filed by Katherine D. Crowley, Gayle Hardy, League of Women Voters of Virginia, Carol D. Peterson, Tracy Safran, Seijra Toogood. (Agraharkar, Vishal)

July 24, 2020 PACER
87

MOTION for Preliminary Injunction by Katherine D. Crowley, Gayle Hardy, League of Women Voters of Virginia, Carol D. Peterson, Tracy Safran, Seijra Toogood. (Rosborough, Davin)

July 24, 2020 RECAP
88

Brief / Memorandum in Support re 87 MOTION for Preliminary Injunction . filed by Katherine D. Crowley, Gayle Hardy, League of Women Voters of Virginia, Carol D. Peterson, Tracy Safran, Seijra Toogood. (Attachments: # 1 Exhibit A - Declaration of Arthur Reingold, # 2 Exhibit B - Declaration of John Holbein, # 3 Exhibit C - Declaration of Carol D. Petersen, # 4 Exhibit D - Declaration of Davin Rosborough, # 5 Exhibit E - Declaration of Rosanna Bencoach, # 6 Exhibit F - Declaration of Stephanie Iles, # 7 Exhibit G - Declaration of Seijra Toogood, # 8 Exhibit H - Declaration of Katherine Crowley, # 9 Exhibit I - Declaration of Gayle Hardy, # 10 Exhibit J - Declaration of Tracy Safran, # 11 Exhibit K - Declaration of Debora Wake, # 12 Exhibit L - Declaration of Patricia McGrady, # 13 Exhibit M - Declaration of Jerome Weingart, # 14 Exhibit N - Declaration of Karen Kallay, # 15 Exhibit O - Declaration of Joan Porte, # 16 Exhibit P - Declaration of Carole Garrison, # 17 Exhibit Q - Declaration of Laura Lawson, # 18 Exhibit R - Declaration of Eva DeCourcey)(Rosborough, Davin)

1 Exhibit A - Declaration of Arthur Reingold

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2 Exhibit B - Declaration of John Holbein

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3 Exhibit C - Declaration of Carol D. Petersen

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4 Exhibit D - Declaration of Davin Rosborough

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5 Exhibit E - Declaration of Rosanna Bencoach

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6 Exhibit F - Declaration of Stephanie Iles

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7 Exhibit G - Declaration of Seijra Toogood

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8 Exhibit H - Declaration of Katherine Crowley

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9 Exhibit I - Declaration of Gayle Hardy

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10 Exhibit J - Declaration of Tracy Safran

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11 Exhibit K - Declaration of Debora Wake

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12 Exhibit L - Declaration of Patricia McGrady

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13 Exhibit M - Declaration of Jerome Weingart

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14 Exhibit N - Declaration of Karen Kallay

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15 Exhibit O - Declaration of Joan Porte

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16 Exhibit P - Declaration of Carole Garrison

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17 Exhibit Q - Declaration of Laura Lawson

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18 Exhibit R - Declaration of Eva DeCourcey

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July 24, 2020 RECAP
89

ORDER granting 85 Consent Motion for Leave to File Excess Pages. Signed by Magistrate Judge Robert S. Ballou on July 27, 2020. (ca)

July 27, 2020 RECAP
90

Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Telephone Conference held on 7/29/2020. (lg)

July 29, 2020 PACER

Telephone Conference

July 29, 2020 PACER
91

ANSWER to 84 Amended Complaint, by Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections.(Lockerman, Heather)

July 31, 2020 PACER
92

NOTICE of TELEPHONIC Hearing on Motion 87 MOTION for Preliminary Injunction (CR) - Telephonic Motion Hearing set for August 14, 2020 at 10:00 AM in Lynchburg before Senior Judge Norman K. Moon. (Parties will receive dial-in instructions via email prior to the hearing)(ca)

July 31, 2020 PACER

State / Territory: Virginia

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 17, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

League of Women Voters of Virginia and three individual voters seeking removal of Virginia’s witness requirement.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Virginia State Board of Elections, State

Chairman of the Virginia Board of Elections, State

Vice-Chair of the Virginia Board of Elections, State

Secretary of the Virginia Board of Elections, State

Commissioner of the Virginia Department of Elections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

None yet

Source of Relief:

Settlement

None yet

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

Voting access

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Race discrimination

Race:

Black

Disability:

disability, unspecified

COVID-19:

Mitigation Granted

Mitigation Requested

Voting:

Election administration