Case: Gary v. Virginia Department of Elections

1:20-cv-00860 | U.S. District Court for the Eastern District of Virginia

Filed Date: July 27, 2020

Case Ongoing

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Case Summary

A voter with print disabilities, along with the National Federation for the Blind of Virginia and the American Counsel of the Blind of Virginia, filed this lawsuit in the U.S. District Court for the Eastern District of Virginia on July 27, 2020, where it was assigned to Judge Claude M. Hilton. They sued the Virginia Department of Elections, the Virginia Board of Elections, and the Virginia Secretary of Elections. Represented by private counsel, the plaintiffs alleged that the defendants violate…

Specifically, the plaintiffs alleged that the defendants failed to provide print-disabled voters with reasonable accommodations, interfering with their right to cast ballots privately and independently. The plaintiffs asked the court for declaratory and injunctive relief, including the implementation of screen-reading technology called the "Ballot Marking Tool" that would enable print-disabled voters to vote independently. At the time, the plaintiffs particularly emphasized the right to access independent voting accommodations because of the health risk posed by the COVID-19 pandemic and lack of vaccine availability at the time.

The plaintiffs filed a motion for a preliminary injunction on August 10, 2020. In this motion, they requested that the defendants implement an accessible absentee ballot program, including an accessible vote-by-mail program. This program would provide for accessible, remote delivery and marking of absentee ballots. The plaintiffs also requested that the defendants take additional reasonable steps to inform the public as to the availability of accessible absentee ballot programs.

Before the motion for preliminary injunction was decided, the court issued a partial consent judgment and a consent decree on August 28, 2020, following a joint-motion submitted the day before The partial consent judgment provided that Virginia election officials would implement various accommodations to improve the ability of print-disabled voters to cast ballots independently during the 2020 general election. These accommodations included access to the Ballot Marking Tool as well as procedures for paper ballots, and required election officials to publicize the program.

The court approved a second consent decree on April 14, 2021, which provided substantially similar accommodations, but pertained to the June 2021 primary elections and awarded the plaintiffs $150,000 in attorneys’ fees and cost. The decree again compelled the implementation of the Ballot Marking Tool for use in the election and also left the parties to decide the plaintiffs' remaining claims and damages. 2020 WL 6589326.

As of March 24, 2022, the case was ongoing.

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Summary Authors

Betsy Sheppard (3/24/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17389948/parties/gary-v-virginia-department-of-elections/

Judge(s)

Buchanan, Theresa Carroll (Virginia)

Attorney for Plaintiff

Banner, Kaitlin Rose (District of Columbia)

DeVore, Zachary Scott (Virginia)

Graber, Abigail (Maryland)

Hart, Margaret (District of Columbia)

Attorney for Defendant

Judge(s)

Buchanan, Theresa Carroll (Virginia)

Hilton, Claude M. (Virginia)

Attorney for Plaintiff

Banner, Kaitlin Rose (District of Columbia)

DeVore, Zachary Scott (Virginia)

Graber, Abigail (Maryland)

Hart, Margaret (District of Columbia)

Hill, Eve Lynne (Maryland)

Hollman, Steven P. (District of Columbia)

Lewis, Carol Louise (Virginia)

Traubert, Steven M. (Virginia)

Wang, Jonathan (District of Columbia)

Attorney for Defendant

Herring, Mark R. (Virginia)

Lockerman, Heather Hays (Virginia)

O'Brien, Blaire H. (Virginia)

Regnery, Ronald N. (Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:20-cv-00860	Docket [PACER]	Nov. 13, 2020	Nov. 13, 2020 Docket
1 1:20-cv-00860	Complaint for Declaratory and Injunctive Relief	July 27, 2020	July 27, 2020 Complaint
37 1:20-cv-00860	Joint Motion for Entry of Partial Consent Judgement and Decree	Aug. 27, 2020	Aug. 27, 2020 Pleading / Motion / Brief
39 1:20-cv-00860	Partial Consent Judgment and Decree	Aug. 28, 2020	Aug. 28, 2020 Order/Opinion
45 1:20-cv-00860	Consent Judgement and Decree	April 15, 2021	April 15, 2021 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Gary v. Va. Dep’t of Elections Stanford-MIT Healthy Elections Project	Plaintiffs--blind/visually-impaired registered voters, National Federation of the Blind of Virginia, and American Council of the Blind of Virginia, Inc.--sued Virginia Department of Elections ("VA DO…	Nov. 19, 2020	Nov. 19, 2020 https://healthyelections-case-tracker.stanford.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17389948/gary-v-virginia-department-of-elections/

Last updated July 9, 2023, 3:01 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint against Virginia Department of Elections, Christopher Piper, Virginia Board of Elections, Robert H. Brink, John O'Bannon, Jamilah D. LeCruise ( Filing fee $ 400, receipt number 0422-7322040.), filed by Regina Root. (Attachments: # 1 Document filed in error and removed re Civil Cover Sheet, # 2 Civil Cover Sheet Additional Counsel pending pro hac vice, # 3 Affidavit Financial Disclosure ACB-VA, # 4 Affidavit Financial Disclosure NFBV)(Traubert, Steven) Modified text on 7/28/2020 (klau, ). (Attachment 1 replaced on 7/28/2020) (klau, ). Modified text on 7/28/2020 (klau, ). (Entered: 07/27/2020) 1 Civil Cover Sheet View on PACER 2 Civil Cover Sheet Additional Counsel pending pro hac vice View on PACER 3 Affidavit Financial Disclosure ACB-VA View on PACER 4 Affidavit Financial Disclosure NFBV View on PACER	July 27, 2020	July 27, 2020 Clearinghouse
2	Civil Cover Sheet re 1 Complaint,, Proper PDF resubmission by Regina Root. (Attachments: # 1 Supplement Additional Counsel)(Traubert, Steven) (Entered: 07/28/2020)	July 28, 2020	July 28, 2020 PACER
	Notice of Correction re [1-3] [1-4] Financial Disclosure, The filing user has been notified to file financial disclosure separately for future filing. (klau, )	July 28, 2020	July 28, 2020 PACER
	Notice of Correction	July 28, 2020	July 28, 2020 PACER
	Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge Theresa Carroll Buchanan. (klau, )	July 28, 2020	July 28, 2020 PACER
	Notice of Correction re [1-1] Civil Cover Sheet, The filing user has been notified that document [1-1] is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document.(klau, )	July 28, 2020	July 28, 2020 PACER
	Initial Case Assignment	July 28, 2020	July 28, 2020 PACER
3	NOTICE of Appearance by Zachary Scott DeVore on behalf of Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff (DeVore, Zachary) (Entered: 07/31/2020)	July 31, 2020	July 31, 2020 PACER
4	First Motion to appear Pro Hac Vice by Kaitlin Banner and Certification of Local Counsel Steven M Traubert Filing fee $ 75, receipt number 0422-7330355. by American Council of the Blind of Virginia. (Traubert, Steven) (Entered: 07/31/2020)	July 31, 2020	July 31, 2020 PACER
5	Motion to appear Pro Hac Vice by Steven Paul Hollman and Certification of Local Counsel Steven M Traubert Filing fee $ 75, receipt number 0422-7330381. by American Council of the Blind of Virginia, National Federation of the Blind of Virginia. (Traubert, Steven) (Entered: 07/31/2020)	July 31, 2020	July 31, 2020 PACER
6	Motion to appear Pro Hac Vice by Margaret F Hart and Certification of Local Counsel Steven M Traubert Filing fee $ 75, receipt number 0422-7330394. by American Council of the Blind of Virginia. (Traubert, Steven) (Entered: 07/31/2020)	July 31, 2020	July 31, 2020 PACER
7	Motion to appear Pro Hac Vice by Abigail Alice Graber and Certification of Local Counsel Steven M Traubert Filing fee $ 75, receipt number 0422-7330405. by American Council of the Blind of Virginia. (Traubert, Steven) (Entered: 07/31/2020)	July 31, 2020	July 31, 2020 PACER
8	Motion to appear Pro Hac Vice by Eve Lynne Hill and Certification of Local Counsel Steven M Traubert Filing fee $ 75, receipt number 0422-7330416. by National Federation of the Blind of Virginia. (Traubert, Steven) (Entered: 07/31/2020)	July 31, 2020	July 31, 2020 PACER
9	WAIVER OF SERVICE Returned Executed, served on 7/31/20, answer due 9/29/20 by Carshena Gary. All Defendants. (DeVore, Zachary) Modified text on 8/5/2020 to add answer due date (klau, ). (Entered: 08/04/2020)	Aug. 4, 2020	Aug. 4, 2020 PACER
10	ORDER granting 5 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 8/5/20. (klau, ) (Entered: 08/05/2020)	Aug. 5, 2020	Aug. 5, 2020 PACER
11	ORDER granting 6 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 8/5/20. (klau, ) (Entered: 08/05/2020)	Aug. 5, 2020	Aug. 5, 2020 PACER
12	ORDER granting 4 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 8/5/20. (klau, ) (Entered: 08/05/2020)	Aug. 5, 2020	Aug. 5, 2020 PACER
13	ORDER granting 8 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 8/5/20. (klau, ) (Entered: 08/05/2020)	Aug. 5, 2020	Aug. 5, 2020 PACER
14	ORDER granting 7 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 8/5/20. (klau, ) (Entered: 08/05/2020)	Aug. 5, 2020	Aug. 5, 2020 PACER
15	NOTICE by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff of Appearance by Margaret Hart (DeVore, Zachary) (Entered: 08/07/2020)	Aug. 7, 2020	Aug. 7, 2020 PACER
16	NOTICE by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff of appearance by Kailin Banner (DeVore, Zachary) (Entered: 08/07/2020)	Aug. 7, 2020	Aug. 7, 2020 PACER
17	NOTICE by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff of appearance by Steven Hollman (DeVore, Zachary) (Entered: 08/07/2020)	Aug. 7, 2020	Aug. 7, 2020 PACER
18	NOTICE by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff of appearance by Abigail Graber (DeVore, Zachary) (Entered: 08/07/2020)	Aug. 7, 2020	Aug. 7, 2020 PACER
19	NOTICE by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff of appearance of Eve Hill (DeVore, Zachary) (Entered: 08/07/2020)	Aug. 7, 2020	Aug. 7, 2020 PACER
20	MOTION for Preliminary Injunction by Regina Root. (Attachments: # 1 Supplement Memorandum in Support, # 2 Proposed Order, # 3 Exhibit NFB VA Declaration, # 4 Exhibit ACB VA Declaration, # 5 Exhibit Pl Gary Declaration, # 6 Exhibit Pl Scharff Declaration, # 7 Exhibit Pl Root Declaration, # 8 Exhibit Pl Abu-El Hawa Declaration, # 9 Exhibit Pl Halverson Declaration, # 10 Exhibit Pl Gilbert Declaration)(Traubert, Steven) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
21	Memorandum in Support re 20 MOTION for Preliminary Injunction filed by Regina Root. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Traubert, Steven) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
22	MOTION to Expedite Unopposed by National Federation of the Blind of Virginia. (Attachments: # 1 Proposed Order, # 2 Notice of Hearing)(Traubert, Steven) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 PACER
23	ORDERED that Plaintiffs' unopposed motion (Dkt. 22) is GRANTED, it is further ORDERED as follows: (1) Defendants shall respond to Plaintiffs' Motion for Preliminary Injunction ("Motion") by Friday, August 21, 2020; (2) Plaintiffs shall file their reply, if any, by Wednesday, August 26, 2020; and (3) a hearing on this motion before the Honorable Claude Hilton shall be set for Friday, August 28, 2020 at 10:00 am. Signed by Magistrate Judge Theresa Carroll Buchanan on 08/12/2020. (jlan) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
24	Motion to appear Pro Hac Vice by Natalia Maria Szlarb and Certification of Local Counsel Steven M Traubert Filing fee $ 75, receipt number 0422-7349698. by Carshena Gary. (Traubert, Steven) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
	Set Deadline as to 20 MOTION for Preliminary Injunction. Motion Hearing set for 8/28/2020 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (jlan)	Aug. 12, 2020	Aug. 12, 2020 PACER
	Set Motion and R&R Deadlines/Hearings	Aug. 12, 2020	Aug. 12, 2020 PACER
25	ORDER granting 24 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 8/19/20. (klau, ) (Entered: 08/20/2020)	Aug. 19, 2020	Aug. 19, 2020 PACER
26	NOTICE by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff of appearance Pro Hoc Vice by Natalia Szlarb (DeVore, Zachary) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
27	NOTICE of Appearance by Heather Hays Lockerman on behalf of Robert H. Brink, Jamilah D LeCruise, John O'Bannon, Christopher E. Piper, Virginia Board of Elections, Virginia Department of Elections (Lockerman, Heather) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
28	NOTICE of Appearance by Carol Louise Lewis on behalf of Robert H. Brink, Jamilah D LeCruise, John O'Bannon, Christopher E. Piper, Virginia Board of Elections, Virginia Department of Elections (Lewis, Carol) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
29	NOTICE of Appearance by Blaire Hawkins O'Brien on behalf of Robert H. Brink, Jamilah D LeCruise, John O'Bannon, Christopher E. Piper, Virginia Board of Elections, Virginia Department of Elections (O'Brien, Blaire) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
30	Opposition to 20 MOTION for Preliminary Injunction filed by Robert H. Brink, Jamilah D LeCruise, John O'Bannon, Christopher E. Piper, Virginia Board of Elections, Virginia Department of Elections. (Attachments: # 1 Exhibit Chris Piper Declaration, # 2 Exhibit James Heo Declaration)(Lewis, Carol) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
	Notice of Correction re 26 NOTICE, The filing user has been notified to file a pro hac vice application and pay $75.00 fee. (klau, )	Aug. 21, 2020	Aug. 21, 2020 PACER
	Notice of Correction	Aug. 21, 2020	Aug. 21, 2020 PACER
31	MOTION for Electronic Device Application by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff. (Traubert, Steven) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
32	Motion for use of Courtroom Technology re 31 MOTION for Electronic Device Application by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff. (Traubert, Steven) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
33	NOTICE of Appearance by Ronald Nicholas Regnery on behalf of Robert H. Brink, Jamilah D LeCruise, John O'Bannon, Christopher E. Piper, Virginia Board of Elections, Virginia Department of Elections (Regnery, Ronald) (Entered: 08/25/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
34	Motion for use of Courtroom Technology re 32 Motion for use of Courtroom Technology re 31 MOTION for Electronic Device Application Remote Witness and Telephonic Hearing Access by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff. (Traubert, Steven) (Entered: 08/26/2020)	Aug. 26, 2020	Aug. 26, 2020 PACER
35	ORDER granting 31 Motion for Electronic Device Application; granting 32 Motion for use of courtroom technology. Signed by District Judge Claude M. Hilton on 8/26/20. (klau, ) (Entered: 08/26/2020)	Aug. 26, 2020	Aug. 26, 2020 PACER
36	REPLY to Response to Motion re 20 MOTION for Preliminary Injunction filed by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff. (Attachments: # 1 Exhibit Declaration of Belanger, # 2 Exhibit Declaration of Hill)(DeVore, Zachary) (Entered: 08/26/2020)	Aug. 26, 2020	Aug. 26, 2020 PACER
37	Joint Motion for Entry of Partial Consent Judgment and Decree/SETTLEMENT AGREEMENT Joint Proposal by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff. (Attachments: # 1 Proposed Order)(Traubert, Steven) Modified text on 8/28/2020 to correct event. (klau, ). (Entered: 08/27/2020) 1 Proposed Order View on RECAP	Aug. 27, 2020	Aug. 27, 2020 Clearinghouse
38	Minute Entry for proceedings held before District Judge Claude M. Hilton: Motion Hearing held on 08/28/2020. Appearance of Counsel. Plaintiffs 20 MOTION for Preliminary Injunction was withdrawn and order entered. (Court Reporter J. Egal)(jlan) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 RECAP
39	ORDER granting 37 Joint Motion for Entry of Partial Consent Judgment (see order for details). Signed by District Judge Claude M. Hilton on 08/28/2020. (jlan) (Entered: 09/01/2020)	Aug. 28, 2020	Aug. 28, 2020 Clearinghouse
40	ANSWER to Complaint by Robert H. Brink, Jamilah D LeCruise, John O'Bannon, Christopher E. Piper, Virginia Board of Elections, Virginia Department of Elections.(Lewis, Carol) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 PACER
41	SCHEDULING ORDER:Initial Pretrial Conference set for 11/18/2020 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan.Discovery due by 2/12/2021.Final Pretrial Conference set for 2/18/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Signed by District Judge Claude M. Hilton on 10/22/2020. (Attachments: # 1 Magistrate Consent Form, # 2 Pretrial Notice)(tran) Modified on 11/13/2020 VACATED per order dated 11/13/20(klau, ). (Entered: 10/22/2020)	Oct. 22, 2020	Oct. 22, 2020 PACER
42	ORDER that the Court's Scheduling Order entered on October 22, 2020 is VACATED. Signed by District Judge Claude M. Hilton on 11/13/20. (klau, ) (Entered: 11/13/2020)	Nov. 13, 2020	Nov. 13, 2020 PACER
43	Joint MOTION to Approve Consent Judgment by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff. (Attachments: # 1 Proposed Order Consent Decree)(DeVore, Zachary) (Entered: 04/05/2021)	April 5, 2021	April 5, 2021 PACER
44	Consent MOTION to Approve Consent Judgment Without Hearing by Naim Muawia Abu-El Hawa, American Council of the Blind of Virginia, Carshena Gary, John Halverson, National Federation of the Blind of Virginia, Regina Root, Lori Scharff. (DeVore, Zachary) (Entered: 04/14/2021)	April 14, 2021	April 14, 2021 PACER
45	CONSENT JUDGMENT AND DECREE IT IS HEREBY ORDERED,ADJUDGED, AND DECREED FOR THE REASONS STATED ABOVE IN PARAGRAPHS 1-15: 1. That for the June 8, 2021 Primary Election ------ 3. Attorney's Fees and Costs. Defendants shall pay $150,000 for Plaintiffs' attorneys fees and costs ---- (see order for details). Signed by District Judge Claude M. Hilton on 4/15/21. (klau, ) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021 RECAP