Case: Libertarian Party v. Virginia State Board of Elections

3:20-cv-00349 | U.S. District Court for the Eastern District of Virginia

Filed Date: May 15, 2020

Closed Date: Sept. 22, 2020

Clearinghouse coding complete

Case Summary

On May 15, 2020, the Constitution Party of Virginia and individual independent candidates filed this lawsuit in the U.S. District Court for the Eastern District of Virginia, where the case was assigned to District Judge John A. Gibney, Jr. The plaintiffs sued the Virginia State Board of Elections alleging violations of the First and Fourteenth Amendments to the U.S. Constitution arising from discrepancies in signature requirements. Due to the COVID-19 state of emergency declaration in Virginia,…

On May 15, 2020, the Constitution Party of Virginia and individual independent candidates filed this lawsuit in the U.S. District Court for the Eastern District of Virginia, where the case was assigned to District Judge John A. Gibney, Jr. The plaintiffs sued the Virginia State Board of Elections alleging violations of the First and Fourteenth Amendments to the U.S. Constitution arising from discrepancies in signature requirements. Due to the COVID-19 state of emergency declaration in Virginia, state courts permitted mainstream party candidates to run for office with a lesser number of constituent signatures than normally required. The Constitution Party sought declaratory and injunctive relief against the defendants in an effort to secure reduced signature requirements for the Constitution Party candidates as well. An amended complaint, filed on June 5, 2020, added the Libertarian Party of Virginia to the lawsuit. Functionally, however, the claims remained the same.

The plaintiffs filed a motion for a temporary restraining order and preliminary injunction on June 8, 2020, seeking to enjoin the defendants from enforcing or applying the (non-emergency) Virginia code's signature requirements to the plaintiffs. The court scheduled a June 19, 2020, hearing for the temporary restraining order and preliminary injunction.

At the June 19, 2020, hearing, it is unclear what the court decided regarding the temporary restraining order and preliminary injunction. The court did approve a preliminary consent decree at the hearing that would resolve the case. However, it appears that not all plaintiffs did not all approve the consent decree because after a June 30, 2020, settlement conference, the court issued a consent decree pertaining to only one of the individual plaintiffs, who was an independent party candidate. The court declared that the independent candidate needed thirty-five percent of the usual petition signatures to appear on the ballot as a congressional candidate for the November 2020 general election. The court scheduled a bench trial for the remaining plaintiffs on July 13, 2020.

Prior to the trial date, the parties filed cross-motions for summary judgment. On July 10, Judge Gibney denied the motion and order the case proceed to trial. He reasoned that the court needed a complete factual record to determine what standard of scrutiny to apply to the claims. 

The court issued a final order on July 15, 2020, enjoining the Virginia Board of Elections from enforcing the Virginia code's signature requirements. The court reduced the signature requirements for the independent House of Representatives and Senate candidates to thirty-five percent of the usual signatures required by state code and reduced the presidential and vice presidential candidate requirements to fifty percent of the signatures typically required. 472 F. Supp. 3d 285.

The plaintiffs subsequently moved for attorneys' fees. They withdrew the motion after the parties agreed to a settlement related to the attorneys' fees.

On September 22, 2020, the court addressed a motion brought by one of the plaintiffs, an independent party presidential candidate seeking to stop the printing of the 2020 Virginia general election ballot, which the candidate was not listed on. She had not collected enough signatures, despite the reduced number, and wanted to add her name to the Virginia election ballot. In denying her motion, the court found that it was too late to permit the candidate additional time to collect additional signatures. 2020 WL 6589328.

Summary Authors

Betsy Sheppard (2/26/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17171251/parties/the-constitution-party-of-virginia-v-virginia-state-board-of-elections/


Judge(s)

Gibney, John Adrian Jr. (Virginia)

Young, Roderick Charles None (Virginia)

Attorneys(s) for Plaintiff

Barnes, Robert E (California)

Hardin, Matthew D. (District of Columbia)

Attorneys(s) for Defendant

Lewis, Carol Louise (Virginia)

Lockerman, Heather Hays (Virginia)

O'Brien, Blaire H. (Virginia)

Ross, Marshall H. (Virginia)

Judge(s)

Gibney, John Adrian Jr. (Virginia)

Young, Roderick Charles None (Virginia)

Attorneys(s) for Plaintiff

Barnes, Robert E (California)

Hardin, Matthew D. (District of Columbia)

Attorneys(s) for Defendant

Lewis, Carol Louise (Virginia)

Lockerman, Heather Hays (Virginia)

O'Brien, Blaire H. (Virginia)

Ross, Marshall H. (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

The Constitution Party of Virginia v. Virginia State Board of Elections

Sept. 22, 2020 Docket
1

Complaint for Injunctive, Declaratory, and other Relief

The Constitution Party of Virginia v. Virginia State Board of Elections

May 15, 2020 Complaint
6

First Amended Complaint for Injunctive, Declaratory, and Other Relief

June 5, 2020 Complaint
22

Order

The Constitution Party of Virginia v. Virginia State Board of Elections

June 19, 2020 Order/Opinion
27

Partial Consent Judgment and Decree

The Constitution Party of Virginia v. Virginia State Board of Elections

July 1, 2020 Settlement Agreement
45

Memorandum Order

July 10, 2020 Order/Opinion
51

Opinion

The Constitution Party of Virginia v. Virginia State Board of Elections

472 F.Supp.3d 285

July 15, 2020 Order/Opinion
52

Final Order

The Constitution Party of Virginia v. Virginia State Board of Elections

July 15, 2020 Order/Opinion
62

Memorandum Order

Tittle v. Virginia State Board of Elections

2020 WL 6589328

Sept. 22, 2020 Order/Opinion

Resources

Title Description External URL

Libertarian Party v. Va. State Bd. of Elections

Stanford-MIT Healthy Elections Project

Third parties and their candidates for US House, Senate, and President sued the Virginia State Board of Elections to eliminate the petition signature requirement for the 2020 election due to COVID. A… Sept. 1, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=143

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17171251/the-constitution-party-of-virginia-v-virginia-state-board-of-elections/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint (Filing Fee: $400, Receipt Number: 0422-7206893), filed by Constitution Party of Virginia. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Proposed Summons, # 3 Exhibit Proposed Summons, # 4 Exhibit Proposed Summons, # 5 Exhibit Proposed Summons, # 6 Exhibit Proposed Summons, # 7 Exhibit Proposed Summons)(Hardin, Matthew) (Attachment 1 replaced on 5/15/2020) (jsau, ). Modified Exhibit label names on 5/18/2020. (sbea,) (Main Document 1 replaced on 5/18/2020) (jsau, ). (Entered: 05/15/2020)

1 Civil Cover Sheet

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2 Exhibit Proposed Summons

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3 Exhibit Proposed Summons

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4 Exhibit Proposed Summons

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5 Exhibit Proposed Summons

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6 Exhibit Proposed Summons

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7 Exhibit Proposed Summons

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May 15, 2020 Clearinghouse

Notice of Correction re 1 Complaint. Filing attorney notified of correct filing procedures. Attorney to email Clerk a corrected Complaint with the Pro Hac Vice Signature line below Local Counsel. Filing attorney also directed to refile summonses using the proper docket event "Proposed Summons." (jsau, )

May 15, 2020 PACER

Initial Case Assignment to District Judge John A. Gibney, Jr. (jsau, )

May 15, 2020 PACER
2

Proposed Summons re 1 Complaint, by Dianne Blais, John Bloom, Mitchell Bupp, Cheri Honkala, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, Sheila Tittle. (Hardin, Matthew) (Entered: 05/15/2020)

May 15, 2020 PACER
3

Summons Issued as to Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. NOTICE TO ATTORNEY: REMOVE HEADERS Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (jsau, ) (Entered: 05/18/2020)

May 18, 2020 PACER
4

MOTION to appear Pro Hac Vice by Robert Barnes and Certification of Local Counsel Matthew D. Hardin, Filing Fee: $75, Receipt Number: 0422-7208181; by Dianne Blais, John Bloom, Mitchell Bupp, Cheri Honkala, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, Sheila Tittle (Hardin, Matthew). Clerk corrected filing event. No further action is required. (Entered: 05/18/2020)

May 18, 2020 PACER

Notice of Correction re: 4 MOTION to Appoint Counsel to appear Pro Hac Vice by Robert Barnes and Certification of Local Counsel Matthew D. Hardin Filing fee $ 75, receipt number 0422-7208181. Clerk notified filing attorney the wrong filing event was selected. The correct filing event is "Pro Hac Vice". Clerk has corrected the filing event and no further action is required at this time. (sbea,)

May 18, 2020 PACER
5

ORDER granting 4 Motion for Pro hac vice. Robert Edward Barnes appointed for Dianne Blais, John Bloom, Mitchell Bupp, Cheri Honkala, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, and Sheila Tittle. Signed by District Judge John A. Gibney, Jr. on 5/18/2020. (jsmi, ) (Entered: 05/18/2020)

May 18, 2020 PACER
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FIRST AMENDED COMPLAINT for Injunctive, Declaratory, and Other Relief and AMENDED COUNTERCLAIM against All Defendants, filed by The Green Party of Virginia, The Constitution Party of Virginia, Sheila Tittle, Becker Sidney Smith, The Independent Green Party of Virginia, Rachel Batts, Carey Campbell, Peter Marchetti, Nick Dunbar, Glenda Gail Parker, Aaron Lyles, Albert Burchard, The Libertarian Party of Virginia, Ron Fisher, Katherine Pettigrew, Jo Jorgensen, Harlan Wahlert (Hardin, Matthew). Modified docket text on 6/8/2020. (sbea,) (Entered: 06/05/2020)

June 5, 2020 Clearinghouse
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MOTION for Temporary Restraining Order by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Attachments: # 1 Affidavit of Bupp, # 2 Affidavit of Campbell, # 3 Affidavit of Smith, # 4 Affidavit of Dunbar)(Hardin, Matthew) (Entered: 06/08/2020)

1 Affidavit of Bupp

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2 Affidavit of Campbell

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3 Affidavit of Smith

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4 Affidavit of Dunbar

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June 8, 2020 RECAP
8

AFFIDAVIT re 7 MOTION for Temporary Restraining Order by John Bloom. (Hardin, Matthew) (Entered: 06/08/2020)

June 8, 2020 PACER

Notice of Correction re: 7 MOTION for Temporary Restraining Order; Clerk notified filing attorney of proper filing procedures regarding "Memorandum in Support. Attorney was requested to refile the Memorandum in Support as a separate document and attach the declarations and then link it back to the motion. (sbea,)

June 9, 2020 PACER
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Memorandum in Support re 7 MOTION for Temporary Restraining Order filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia. (Attachments: # 1 Affidavit of Bloom, # 2 Affidavit of Bupp, # 3 Affidavit of Dunbar, # 4 Affidavit of Campbell, # 5 Affidavit of Smith)(Hardin, Matthew) (Entered: 06/09/2020)

June 9, 2020 PACER
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ORDER that this matter comes before the Court on the plaintiffs' motion for a temporary restraining order ("TRO") and preliminary injunction ("PI"). (Dk. No. 7 .) Federal Rule of Civil Procedure 65 allows a court to issue a TRO without notice to the adverse party or its attorney if the plaintiffs file: (1) a verified complaint or an affidavit that "clearly show[s]" that the plaintiff will suffer "immediate and irreparable injury, loss, or damage" before the adverse party can be heard; and, (2) a written certification from the movant's attorney detailing "any efforts made to give notice and the reasons why [notice] should not be required." Fed. R. Civ. P. 65(b)(1) (please see Order for additional information.) Accordingly, the Court ORDERS as follows: 1. The Court shall hold a hearing on the TRO/PI motion (Dk. No. 7 ) on June 19, 2020, at 9:00 a.m. All counsel, including local counsel, shall appear in person at the hearing; 2. By June 11, 2020, the plaintiffs shall file a supplemental brief explaining why the TRO/PI motion is not barred by the doctrine of laches. Cf Perry v. Judd, 471 F. App'x 219,220 (4th Cir. 2012). The defendants shall respond to the TRO/PI motion and supplemental brief by June 16, 2020. The plaintiffs may file a reply by June 18, 2020; and, 3. Counsel for the plaintiffs shall promptly serve the defendants with a copy of this Order and file a certification indicating that they have done so. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 06/09/2020. (walk, ) (Entered: 06/09/2020)

June 9, 2020 PACER

Set as to 7 MOTION for Temporary Restraining Order: Motion Hearing set for 6/19/2020 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. (wtuc)

June 9, 2020 PACER
11

CERTIFICATE OF SERVICE by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle re: 10 Order (Hardin, Matthew). Modified on 6/9/2020. (sbea,) (Entered: 06/09/2020)

June 9, 2020 PACER
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NOTICE of Appearance by Heather Hays Lockerman on behalf of Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Lockerman, Heather) (Entered: 06/10/2020)

June 10, 2020 PACER
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NOTICE of Appearance by Marshall Howard Ross on behalf of Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Ross, Marshall) (Entered: 06/10/2020)

June 10, 2020 PACER
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MOTION for Leave to Appear Telephonically by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Attachments: # 1 Exhibit A (Order of the Thurston County Superior Court), # 2 Exhibit B (Docket in a pending Thurston County matter))(Hardin, Matthew) (Entered: 06/10/2020)

1 Exhibit A (Order of the Thurston County Superior Court)

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2 Exhibit B (Docket in a pending Thurston County matter)

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June 10, 2020 RECAP
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NOTICE of Appearance by Carol Louise Lewis on behalf of Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Lewis, Carol) (Entered: 06/11/2020)

June 11, 2020 PACER
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Memorandum Addressing Laches & Responding re: 10 Order, filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Attachments: # 1 Affidavit of Barnes)(Hardin, Matthew). Modified docket text on 6/18/202. (sbea,) (Entered: 06/11/2020)

June 11, 2020 PACER
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CERTIFICATE OF SERVICE by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert re 16 Memorandum,, (Hardin, Matthew) (Entered: 06/11/2020)

June 11, 2020 PACER
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ORDER that this matter comes before the Court on the plaintiffs' motion to allow local counsel to appear telephonically. (Dk. No. 14 .) The Court has scheduled a hearing on the plaintiffs' motion for a temporary restraining order or preliminary injunction for June 19, 2020. Because local counsel is scheduled to appear for a hearing in another case in Washington State that same day, he asks to appear at the hearing by telephone. Upon due consideration, the Court GRANTS the motion. (Dk. No. 14 .) If the June 19 hearing proceeds in the Washington State matter, local counsel for the plaintiff may appear by telephone at the hearing in this Court. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 06/12/2020. (walk, ) (Entered: 06/12/2020)

June 12, 2020 PACER
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Opposition to Motion for Preliminary Injunction filed by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Attachments: # 1 Exhibit Declaration of Christopher Piper)(Lewis, Carol) (Entered: 06/16/2020)

1 Exhibit Declaration of Christopher Piper

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June 16, 2020 RECAP
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REPLY in Support of Their Motion for Preliminary Injunction and/or Temporary Restraining Order re: 7 MOTION for Temporary Restraining Order filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert (Hardin, Matthew). Modified docket text on 6/18/2020. (sbea,) (Entered: 06/18/2020)

June 18, 2020 PACER
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Minute Entry for proceedings held before District Judge John A. Gibney, Jr.:Motion Hearing held on 6/19/2020 re 7 MOTION for Temporary Restraining Order filed by The Independent Green Party of Virginia, Peter Marchetti, Jo Jorgensen, Glenda Gail Parker, Nick Dunbar, Mitchell Bupp, The Libertarian Party of Virginia, Cheri Honkala, Dianne Blais, Aaron Lyles, Becker Sidney Smith, Sheila Tittle, Katherine Pettigrew, Albert Burchard, Carey Campbell, John Bloom, Rachel Batts, The Green Party of Virginia, Ron Fisher, The Constitution Party of Virginia; the parties represented that they have consent decree that could resolve the case; the defendants will confirm by early next week if it consents to the decree; if there is no consent, the case will proceed to trial on July 13 at 9:00 a.m. (Court Reporter G. Halasz, OCR.)(wtuc) (Entered: 06/19/2020)

June 19, 2020 PACER
22

ORDER that this matter comes before the Court on the plaintiffs' motion for a temporary restraining order and preliminary injunction. (Dk. No. 7 .) The Court held a hearing on the motion on June 19, 2020. As discussed at the hearing, counsel for the parties have preliminarily agreed to the terms of a consent decree that would resolve this case. Accordingly, by June 23, 2020, at 9:00 a.m., counsel for the defendants shall notify opposing counsel and this Court whether the defendants agree to the terms of the consent decree. If the parties do not resolve the case, the Court will hold a bench trial on July 13, 2020. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 06/19/2020. (walk, ) (Entered: 06/19/2020)

June 19, 2020 Clearinghouse
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Joint Status Report by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Lewis, Carol). Modified docket text on 6/23/2020. (sbea,) (Entered: 06/23/2020)

June 23, 2020 PACER
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ORDER - It is hereby ORDERED that the settlement conference and proceedings are referred to United States Magistrate Roderick C. Young. Counsel shall be responsible for immediately contacting the Chambers of Magistrate Judge Young to schedule the conference, which should occur at such time as Magistrate Judge Young shall approve. Signed by District Judge John A. Gibney, Jr on 06/24/2020. (tjoh, ) (Entered: 06/24/2020)

June 24, 2020 PACER

Case referred to Magistrate Judge Roderick C. Young for settlement purposes. (tjoh, )

June 24, 2020 PACER
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PRETRIAL ORDER. Signed by District Judge John A. Gibney, Jr on 6/24/20. (khan, ) (Entered: 06/24/2020)

June 24, 2020 PACER

Set/Reset Hearings: Bench Trial set for 7/13/2020at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney Jr.. (khan, )

June 24, 2020 PACER
26

ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE. The Court has scheduled this case for a settlement conference on June 30, 2020 at 9:30, to beheld by videoconference. In addition to counsel, each party must have a representative present on the videoconference with the full authority to settle this action. The failure of a party to have a representative present on the videoconference with full authority to settle the case may result in the imposition of sanctions upon that party. See Order for complete details. It is so ORDERED. Signed by Magistrate Judge Roderick C. Young on 6/25/2020. (sbea, ) (Entered: 06/25/2020)

June 25, 2020 PACER

Settlement Conference set for 6/30/2020 at 9:30 AM via ZOOM before Magistrate Judge Roderick C. Young. (jsau)

June 25, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge Roderick C. Young: Settlement Conference held on 6/30/2020 via ZOOM. (jsau)

June 30, 2020 PACER
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PARTIAL CONSENT JUDGMENT AND DECREE to Approve Consent Judgment by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Lewis, Carol) Modified docket text on 7/8/2020. (sbea,) (Entered: 07/01/2020)

July 1, 2020 Clearinghouse
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NOTICE of Appearance by Blaire Hawkins O'Brien on behalf of Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (O'Brien, Blaire) (Entered: 07/01/2020)

July 1, 2020 PACER
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PARTIAL CONSENT JUDGMENT AND DECREE. See Order for Details. Signed by District Judge John A. Gibney, Jr. on 7/2/2020. (smej, ) (Entered: 07/02/2020)

July 2, 2020 PACER
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TRANSCRIPT of proceedings held on 06/19/2020, before Judge Hon. John A. Gibney, Jr., Court Reporter Gil Halasz, Telephone number 804 916-2248. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/3/2020. Redacted Transcript Deadline set for 9/2/2020. Release of Transcript Restriction set for 10/1/2020.(halasz, gil) (Entered: 07/03/2020)

July 3, 2020 PACER
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MOTION for Summary Judgment by John O'Bannon. (Lewis, Carol) (Entered: 07/07/2020)

July 7, 2020 PACER
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Memorandum in Support re 31 MOTION for Summary Judgment filed by Jessica Bowman, 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, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit A to Exhibit Q (Piper Decl), # 19 Exhibit R)(Lewis, Carol) (Entered: 07/07/2020)

July 7, 2020 PACER
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DISREGARD - Selected in Error; See Docket Entry 34 Summary Judgment Bankruptcy Findings of Fact by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Attachments: # 1 Supplement Memorandum in Support, # 2 Supplement Declaration of Bloom, # 3 Supplement Declaration of Campbell, # 4 Supplement Declaration of Smith, # 5 Supplement Declaration of Dunbar, # 6 Exhibit 1 (Executive Order 51), # 7 Exhibit 2 (Declaration of Public Health Emergency), # 8 Exhibit 3 (Judicial Emergency Order), # 9 Exhibit 4 (Executive Order 55), # 10 Exhibit 5 (Executive Order 61), # 11 Exhibit 6 (Executive Order 65), # 12 Exhibit 7 (Executive Order 67), # 13 Exhibit 8 (World Health Organization Statement), # 14 Exhibit 9 (Health & Human Services Determination), # 15 Exhibit 10 (World Health Organization Remarks), # 16 Exhibit 11 (Proclamation of the U.S. President), # 17 Exhibit 12 (Press Release of Gov. Ralph Northam), # 18 Exhibit 13 (List of Cancelled Events), # 19 Exhibit 14 (Local Events Affected by COVID-19), # 20 Exhibit 15 (Response to Requests for Admission))(Hardin, Matthew). Modified docket text on 7/9/2020. (sbea,) (Entered: 07/07/2020)

July 7, 2020 PACER
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MOTION for Summary Judgment (Corrected) by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert. (Hardin, Matthew) (Entered: 07/08/2020)

July 8, 2020 PACER
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Memorandum in Opposition re 34 MOTION for Summary Judgment (Corrected), Memorandum in Support (Corrected) filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Attachments: # 1 Affidavit of Bloom, # 2 Affidavit of Campbell, # 3 Affidavit of Smith, # 4 Affidavit of Dunbar, # 5 Exhibit 1 (Executive Order 51), # 6 Exhibit 2 (Declaration of Public Health Emergency), # 7 Exhibit 3 (Judicial Emergency Order), # 8 Exhibit 4 (Executive Order 55), # 9 Exhibit 5 (Executive Order 61), # 10 Exhibit 6 (Executive Order 65), # 11 Exhibit 7 (Executive Order 67), # 12 Exhibit 8 (World Health Organization Statement), # 13 Exhibit 9 (Health & Human Services Determination), # 14 Exhibit 10 (World Health Organization Remarks), # 15 Exhibit 11 (Proclamation of the U.S. President), # 16 Exhibit 12 (Press Release of Gov. Ralph Northam), # 17 Exhibit 13 (List of Cancelled Events), # 18 Exhibit 14 (Local Events Affected by COVID-19), # 19 Exhibit 15 (Response to Requests for Admission))(Hardin, Matthew) (Entered: 07/08/2020)

July 8, 2020 PACER

Notice of Correction re: 33 Bankruptcy Findings of Fact; Filing attorney accidently selected the wrong filing event; Clerk termed motion and attorney re-filed correctly in ECF No. 34 MOTION for Summary Judgment (Corrected). No further action is required. (sbea,)

July 9, 2020 PACER
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RESPONSE in Opposition re 34 MOTION for Summary Judgment (Corrected) filed by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (O'Brien, Blaire) (Entered: 07/09/2020)

July 9, 2020 PACER
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Witness List by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (O'Brien, Blaire) (Entered: 07/09/2020)

July 9, 2020 PACER
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Exhibit List by Virginia State Board of Elections.. (Ross, Marshall) (Entered: 07/09/2020)

July 9, 2020 PACER
40

MOTION with Memorandum in Support to Intervene as Plaintiff Under Federal Rule of Civil Procedure 24(b)by Aaron Luciani. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment and Decree). (sbea,) (Entered: 07/09/2020)

July 9, 2020 PACER
41

Memorandum in Opposition re 31 MOTION for Summary Judgment filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert. (Hardin, Matthew) (Entered: 07/09/2020)

July 9, 2020 PACER
42

Plaintiffs' Proposed Witness List by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Hardin, Matthew) (Entered: 07/09/2020)

July 9, 2020 PACER
43

Plaintiffs' Proposed Exhibit List by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle.. (Hardin, Matthew) (Entered: 07/09/2020)

July 9, 2020 PACER
44

ORDER that this matter comes before the Court on Aaron Luciani's pro se motion to intervene, filed on July 9, 2020. (Dk. No. 40 .) Luciani, a resident of Roanoke, Virginia, is an independent candidate for United States Congress. He asks the Court to permit him to intervene as a plaintiff in this case. Discovery ended on July 1, 2020, and the parties have fully briefed motions for summary judgment. Further, the Court has scheduled this case for trial beginning July 13, 2020. Because Luciani filed his motion after all pretrial deadlines passed and shortly before trial, the Court DENIES the motion. See Fed. R. Civ. P. 24(b)(1) (permitting intervention when the party files atimely motion ). It is so ORDERED.. Signed by District Judge John A. Gibney, Jr. on 07/10/2020. Copy mailed to Aaron Luciani. (walk, ) (Entered: 07/10/2020)

July 10, 2020 PACER
45

MEMORANDUM ORDER that this matter comes before the Court on the parties cross-motions for summary judgment. (Dk. Nos. 31, 34 .) Virginia law requires individuals who wish to appear on the general election ballot to gather a certain number of signatures by specific deadlines (please see Memorandum Order for additional information.) For the foregoing reasons, the Court DENIES the parties cross-motions for summary judgment. (Dk. Nos. 31, 34 .) The case will proceed to trial as scheduled. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 07/10/2020. (walk, ) (Entered: 07/10/2020)

July 10, 2020 Clearinghouse
46

ORDER that this matter comes before the Court on the plaintiffs' exhibit list. (Dk. No. 43 .) The plaintiffs have filed an exhibit list that contains several categories of documents, but they do not identify the precise documents they intend to introduce into evidence in this case. By 5:00 p.m. on July 10, 2020, the plaintiffs shall file a revised exhibit list identifying the precise documents they intend to introduce into evidence, and they shall assign an exhibit number to each exhibit. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 07/10/2020. (walk, ) (Entered: 07/10/2020)

July 10, 2020 PACER
47

Amended Exhibit List by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert.. (Hardin, Matthew) (Entered: 07/10/2020)

July 10, 2020 PACER
48

Objection to Witness List by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (O'Brien, Blaire) (Entered: 07/10/2020)

July 10, 2020 PACER
49

Objection to Exhibit List by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections.. (O'Brien, Blaire) (Entered: 07/10/2020)

July 10, 2020 PACER
50

Minute Entry for proceedings held before District Judge John A. Gibney, Jr.:Bench Trial held on 7/13/2020; evidence adduced; arguments heard; the Court will take the matter under advisement and enter a decision later in the week (Court Reporter G. Halasz, OCR.)(wtuc) (Entered: 07/13/2020)

July 13, 2020 RECAP
51

OPINION. See Opinion for details. Signed by District Judge John A. Gibney, Jr. on 7/15/2020. (sbea,) (Entered: 07/15/2020)

July 15, 2020 Clearinghouse
52

FINAL ORDER. The Court ENJOINS the defendants from enforcing those requirements as to the named plaintiffs for the 2020 general election in Virginia and ORDERS as follows: 1) The deadline for the named plaintiffs seeking to appear as candidates for the U.S. House of Representatives and U.S. Senate is extended to August 1, 2020, at 7:00 p.m. 2) The named plaintiffs seeking to appear as candidates for U.S. President and U.S. Vice President shall appear on the ballot if they submit signatures of qualified voters totaling at least 50 percent of the total petition signatures required by Virginia Code ยง 24.2-543(A), and meet all other conditions to appear on the 2020 Virginia general election ballot as candidates for U.S. President or U.S. Vice President 3) The Court DENIES AS 7 MOOT the plaintiffs' motion for a temporary restraining order or preliminary injunction. 4) The Court DIRECTS the Clerk to enter judgment in favor of the plaintiffs pursuant to Federal Rule of Civil Procedure 58. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 7/15/2020. (sbea,) (Entered: 07/15/2020)

July 15, 2020 Clearinghouse
53

JUDGMENT entered by the Clerk pursuant to Rule 58 and in accordance with the Final Order entered 7/15/20. (sbea,) (Entered: 07/15/2020)

July 15, 2020 PACER
54

MOTION for Attorney Fees by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert. (Hardin, Matthew) (Entered: 07/29/2020)

July 29, 2020 PACER
55

Memorandum in Support re 54 MOTION for Attorney Fees filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert. (Attachments: # 1 Affidavit of Barnes, # 2 Exhibit A to Affidavit of Barnes, # 3 Affidavit of Local Counsel, # 4 Exhibit A to Affidavit of Local Counsel, # 5 Exhibit B to Affidavit of Local Counsel, # 6 Exhibit C to Affidavit of Local Counsel, # 7 Exhibit D to Affidavit of Local Counsel)(Hardin, Matthew) (Entered: 07/29/2020)

July 29, 2020 PACER
56

MOTION for Extension of time to file Expert Affidavits by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Hardin, Matthew) (Entered: 07/29/2020)

July 29, 2020 PACER
57

ORDER the Court GRANTS the 56 motion for an extension of time to file expert affidavits in support of plaintiffs' motion for attorney's fees. The plaintiffs shall file the expert affidavits by August 5, 2020. The defendants shall respond to the motion for attorney's fees and costs within fourteen (14) days of the filing of the affidavits. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 7/30/2020. (sbea,) (Entered: 07/30/2020)

July 30, 2020 PACER
58

DECLARATION of Paul Prados re: 54 MOTION for Attorney Fees by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia. (Hardin, Matthew). Modified docket text on 8/5/2020. (sbea,) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
59

DECLARATION and Report of Expert Witness Thomas H. Roberts, Esq. re: 54 MOTION for Attorney Fees by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle (Hardin, Matthew). Modified docket text on 8/5/2020. (sbea,) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
60

NOTICE of Settlement and Withdrawal of Pending Motion for Attorneys' Fees by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert (Hardin, Matthew) (Entered: 08/13/2020)

Aug. 13, 2020 PACER
61

ORDER. This matter comes before the Court on its own initiative. Because the plaintiff, Sheila Tittle, is represented by counsel, Ms. Tittle must communicate with the Court through her attorney. Ms. Tittle is not permitted to call or otherwise contact the Court, unless asked by the Court to do so. It is so ORDERED. Signed by District Judge John A. Gibney, Jr on 9/14/2020. Order was mailed to Ms. Sheila Tittle and Mr. Joseph Synan. (sbea,) (Entered: 09/14/2020)

Sept. 14, 2020 PACER
62

MEMORANDUM ORDER that the motion for an emergency injunction to stop the printing of the 2020 Virginia general election ballot is DENIED. See Order for complete details. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 9/22/2020. Memorandum Orders were mailed to Ms. Sheila Tittle and Mr. Joseph Synan. (sbea,) (Entered: 09/22/2020)

Sept. 22, 2020 Clearinghouse
62

MEMORANDUM ORDER that the motion for an emergency injunction to stop the printing of the 2020 Virginia general election ballot is DENIED. See Order for complete details. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 9/22/2020. Memorandum Orders were mailed to Ms. Sheila Tittle and Mr. Joseph Synan. (sbea,) (Entered: 09/22/2020)

Sept. 22, 2020 RECAP

State / Territory: Virginia

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 15, 2020

Closing Date: Sept. 22, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Virginia independent party candidates in the 2020 election

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Virginia Board of Elections (Virginia), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Voting:

Candidate qualifications