Filed Date: Dec. 7, 2011
Closed Date: April 5, 2022
Clearinghouse coding complete
This case involved a county in Virginia successfully seeking declaratory judgment exempting the county and all governmental units within it from the special remedial provisions of the Voting Rights Act of 1965 (the “Act”).
On December 7, 2011, King George County, Virginia (the “County”), filed a Complaint against the Attorney General of the United States of America and the Assistant Attorney General of the Civil Rights Division in the United States District Court for the District of Columbia. The County cited Section 4 of the Act, which allows States and political subdivisions within those States to exempt themselves from coverage under the Act’s special remedial provisions, if the County can satisfy the standards established in the Act. The case was assigned to a three-judge court of Judge Karen LeCraft Henderson, Judge Ellen S. Huvelle, and Judge Beryl A. Howell.
In its complaint, plaintiff stated that it satisfied the eight requirements under the Act to meet the exemption. First, in the last ten years, all governmental units within the County complied with the preclearance provision of Section 5 of the Act, and all preclearance submissions were precleared by the Attorney General. Second, plaintiff expanded opportunities for convenient registration and voting or it existed with the County, including providing opportunities to register to vote through a variety of offices and through the mail, conducting voter registration outreach to high school seniors, and appointing minority election and poll officials. Third, in the last ten years, no person was denied the right to vote on account of race, color, or membership in a language minority group and no test or device was used as a prerequisite to either registering or voting. Fourth, in the last ten years, no final judgment had been entered by any court determining that plaintiff denied or abridged the right to vote on account of race, color, or membership in a language minority group. Fifth, in the last ten years, the Attorney General had not interposed any objection to any proposed voting change within the County and no declaratory judgment had been denied pursuant to such change by the Court under Section 5 of the Act. Sixth, plaintiff did not employ any voting procedures or methods of election that inhibit or dilute equal access to the electoral process by minority voters in the County. Seventh, in the last ten years, no Federal examiners or observers were assigned to plaintiff. Eighth, there were no known incidents in the County where any person exercising his or her right to vote or register to vote was intimidated or harassed.
On February 13, 2012, defendants filed a Notice of Consent, stating that they determined plaintiff could establish the criteria required for an exemption under Section 4 pf the Act. Therefore, the defendants consented to the declaratory judgment sought by the County and intended to prepare a proposed consent decree.
On February 29, 2012, plaintiff and defendants filed a Joint Motion for Entry of Consent Judgment and Decree. Within the joint motion, the parties noted that the Attorney General conducted an independent investigation to determine if the County satisfied the necessary requirements for an exemption. Based on that investigation, as well as information provided by the County, the Attorney General determined that the County meets the requirements of Section 4 of the Act. The parties requested that the Court wait 30 days after the filing of the joint motion before approving the consent judgment and decree.
On April 5, 2012, the three-judge court granted the parties’ joint motion for entry of consent judgment and decree. Therefore, the County and the King George County School Board were exempted from coverage pursuant to Section 4 of the Act, provided that the court would retain jurisdiction over the matter for ten years. The action was closed and placed on the court’s inactive docket. The matter was not reactivated and there was no appeal.
Summary Authors
(11/29/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4211421/parties/king-george-county-virginia-v-holder/
Abdoveis, Elaine M. (District of Columbia)
Adebonojo, Kenneth A. (District of Columbia)
ANDRAPALLIYAL, VINITA (District of Columbia)
ASTORGA, BERTHA M. (District of Columbia)
Bennett, Michelle Renee (District of Columbia)
Abdoveis, Elaine M. (District of Columbia)
Adebonojo, Kenneth A. (District of Columbia)
ANDRAPALLIYAL, VINITA (District of Columbia)
ASTORGA, BERTHA M. (District of Columbia)
Bennett, Michelle Renee (District of Columbia)
Berry, Wayne R. (District of Columbia)
Berwick, Benjamin Leon (District of Columbia)
BIKLEN, MOLLY K. (District of Columbia)
BROWN, JESSICA RUSZKIEWICZ (District of Columbia)
Burch, Alan (District of Columbia)
Chung, Evelyn Hyun-Jung (District of Columbia)
Cohen, Jason Todd (District of Columbia)
Culliton-Gonzalez, Katherine Mary (District of Columbia)
Dawgert, Jessica (District of Columbia)
Driscoll, Jessica P. (District of Columbia)
EGEMONYE, UCHE N. (District of Columbia)
EPSTEIN, MATTHEW R. (District of Columbia)
FORNEY, GEOFFREY (District of Columbia)
Garrett, Jenigh J. (District of Columbia)
Girdharry, Glenn M. (District of Columbia)
GO, SAMUEL P. (District of Columbia)
Grogg, Adam Anderson (District of Columbia)
Haas, Alexander Kenneth (District of Columbia)
Haynes, Fred Elmore (District of Columbia)
HECKER, A. SCOTT (District of Columbia)
Humphreys, Bradley P. (District of Columbia)
Kade, Elizabeth L. (District of Columbia)
KATZ, ANDREW MICHAEL (District of Columbia)
Kennedy, Brian G. (District of Columbia)
Leong, Katherine (District of Columbia)
LUBY, ANDREA C. (District of Columbia)
McCracken, John Matthew (District of Columbia)
MURPHY, KRISTIN R. (District of Columbia)
Newton, Emily Sue (District of Columbia)
Nocito, John A. (District of Columbia)
Patil, Chetan A. (District of Columbia)
Peterson, Benton Gregory (District of Columbia)
Pfaffenroth, Peter C. (District of Columbia)
Phillips, Ashton S. (District of Columbia)
Popper, Robert D. (District of Columbia)
Pruski, Jacek (District of Columbia)
Reuveni, Erez (District of Columbia)
Riess, Daniel (District of Columbia)
Saltman, Julie Shana (District of Columbia)
Serafin, Francine Aurora (District of Columbia)
SHOHAM, ORLY (District of Columbia)
Sokolower, Heather G. (District of Columbia)
STRAWN, JOHN M. (District of Columbia)
SWEET, JOEL M. (District of Columbia)
Thorp, Galen Nicholas (District of Columbia)
Wechsler, Peter T. (District of Columbia)
WEEKLEY, JENNIFER D. (District of Columbia)
WELSH, ADAM F. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/4211421/king-george-county-virginia-v-holder/
Last updated Aug. 10, 2025, 10:42 p.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Dec. 7, 2011
Closing Date: April 5, 2022
Case Ongoing: No
Plaintiffs
Plaintiff Description:
King George County, Virginia
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Attorney General (Washington D.C., - United States (national) -), Federal
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Order Duration: 2012 - 2022
Issues
Discrimination Basis:
National origin discrimination
Voting: