Case: Wythe County, Virginia v. Holder

1:12-cv-00719 | U.S. District Court for the District of District of Columbia

Filed Date: May 3, 2012

Closed Date: June 18, 2022

Clearinghouse coding complete

Case Summary

This is a case about Wythe County, Virginia seeking an exemption (“bail out”) from the special remedial provisions of the Voting Rights Act of 1965 (the “Act”).  In pertinent part, the Act provided that governmental entities and their political subdivisions identified as employing devices infringing on the right to vote would be subject to special provisions requiring preclearance before implementing new voting-related laws or devices.  By virtue of being located in the Commonwealth of Virginia…

This is a case about Wythe County, Virginia seeking an exemption (“bail out”) from the special remedial provisions of the Voting Rights Act of 1965 (the “Act”).  In pertinent part, the Act provided that governmental entities and their political subdivisions identified as employing devices infringing on the right to vote would be subject to special provisions requiring preclearance before implementing new voting-related laws or devices.  By virtue of being located in the Commonwealth of Virginia, Wythe County was subject to the preclearance requirements.

On May 3, 2012, Wythe County filed a complaint for declaratory relief against the Attorney General and the Assistant Attorney General, seeking a declaration that Wythe County was exempted from coverage pursuant to the “bailout” provision in Section 4(a) of the Act.  The bailout provision allowed identified governmental entities to exempt themselves from the preclearance requirements upon a showing that the conditions set forth under Section 4(a) of the Act had been fulfilled over the prior ten years. 

On May 17, 2012, after appointment of a three-judge court, the parties jointly moved for approval of a consent judgment and decree.  In the joint motion, the Parties explained that the Attorney General had determined that Wythe County met all of the requirements of Section 4(a), and that the Attorney General would consent to a declaratory judgment granting bailout to the Wythe County under Section 4(a). 

The court entered the consent judgment and decree on June 18, 2012, exempting Wythe County from the preclearance requirements, but retaining jurisdiction over the matter for an additional ten years.

This case is closed.

Summary Authors

Shaina Massie (11/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12841028/parties/wythe-county-virginia-v-holder/


Judge(s)

Jackson, Amy Berman (District of Columbia)

Attorney for Plaintiff

Butler, John G. (District of Columbia)

Wochok, Thomas Michael (District of Columbia)

Attorney for Defendant

McFarland, Ernest Alan (District of Columbia)

Rios, Maria Hortensia (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:12-cv-00719

Complaint

Wythe County, Virginia V. Holder, Et Al

May 3, 2012

May 3, 2012

Complaint
7

1:12-cv-00719

Joint Motion for Judgment and Consent Decree

Wythe County, Virginia V. Holder, Et Al

May 17, 2012

May 17, 2012

Pleading / Motion / Brief
10

1:12-cv-00719

Consent Judgment and Decree

Wythe County, Virginia V. Holder, Et Al

June 18, 2012

June 18, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12841028/wythe-county-virginia-v-holder/

Last updated March 9, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ERIC H. HOLDER, THOMAS E. PEREZ ( Filing fee $ 350, receipt number 4616047944) filed by WYTHE COUNTY, VIRGINIA. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 05/04/2012)

1 Civil Cover Sheet

View on PACER

May 3, 2012

May 3, 2012

Clearinghouse

SUMMONS (3) Issued as to ERIC H. HOLDER, THOMAS E. PEREZ, and U.S. Attorney (dr)

May 3, 2012

May 3, 2012

PACER
2

MOTION to Convene Three-Judge Court by WYTHE COUNTY, VIRGINIA (dr) (Entered: 05/04/2012)

May 3, 2012

May 3, 2012

PACER
3

ORDER granting 2 Motion to Convene Three-Judge Court. Signed by Judge Amy Berman Jackson on 5/4/12. (lcabj1) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
4

NOTICE of Appearance by Ernest Alan McFarland on behalf of All Defendants (McFarland, Ernest) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
5

NOTICE of Appearance by Maria Hortensia Rios on behalf of All Defendants (Rios, Maria) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
6

USCA ORDER filed in USCA on 05/08/12 FOR DESIGNATION OF JUDGES TO SERVE ON THREE-JUDGE DISTRICT COURT;designating Circuit Judge Karen LeCraft Henderson and Judge Beryl A. Howell to hear and determine this case along with U.S. District Court Judge Amy Berman Jackson. The U.S. Circuit Court Judge to preside over this case. (jeb, ) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
7

Joint MOTION for Declaratory Judgment Granting Bailout from the Special Provisions of the Voting Rights Act by ERIC H. HOLDER, THOMAS E. PEREZ (Attachments: # 1 Text of Proposed Order Granting Bailout)(McFarland, Ernest) (Entered: 05/17/2012)

1 Text of Proposed Order Granting Bailout

View on PACER

May 17, 2012

May 17, 2012

Clearinghouse
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/9/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 7/8/2012.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/9/12., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ERIC H. HOLDER served on 5/9/2012; THOMAS E. PEREZ served on 5/9/2012 (td, ) (Entered: 05/23/2012)

May 22, 2012

May 22, 2012

PACER
9

NOTICE to Withdraw as Attorney and Substitution of Counsel for Plaintiff by WYTHE COUNTY, VIRGINIA (Wochok, Thomas) Modified on 6/14/2012 (jf, ). (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
10

CONSENT JUDGMENT AND DECREE in favor of Plaintiff against Defendants. Each party shall bear its own fees, expenses and costs. (See Judgment for complete details). Signed by Circuit Judge Karen LeCraft Henderson and District Judges Beryl A. Howell and Amy Berman Jackson on 6/18/2012. (jth) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: May 3, 2012

Closing Date: June 18, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Wythe County, Virginia

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General (United States Department of Justice) (- United States (national) -), Federal

Case Details

Causes of Action:

Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)

Special Case Type(s):

Three-Judge Court

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2012 - 2022

Issues

Voting:

Voting: General & Misc.