Filed Date: Oct. 31, 2014
Closed Date: Jan. 22, 2015
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This case challenged the provision of absentee ballots to certain overseas citizens and uniformed service members for the November 4, 2014 election. On October 31, 2014, the United States filed this lawsuit in the U.S. District Court for the Southern District of West Virginia, before District Judge John Thomas Copenhaver Jr. The United States sued the State of West Virginia and the Secretary of State of the State of West Virginia in her official capacity under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The United States alleged that West Virginia violated Section 20302(a)(8)(A) of the UOCAVA by failing to ensure that certain corrected ballots were transmitted to UOCAVA voters within forty-five days before the election. The United States sought an order requiring West Virginia to take corrective action to ensure affected UOCAVA voters in State Delegate District 35 had sufficient opportunity to receive, mark, and submit their ballots in time for them to be counted for the November 4, 2014 general election for federal office.
Section 20302(a)(8)(A) requires that states transmit validly requested ballots to UOCAVA voters not later than 45 days before an election for Federal office when the request is received at least 45 days before the election. 52 U.S.C. § 20302(a)(8)(A).
West Virginia initially transmitted ballots to UOCAVA voters in a timely manner on September 19, 2014. But three days after that deadline, a petition for a writ of mandamus was filed with the Supreme Court of Appeals of West Virginia, seeking substitution of the Republican candidate in the race for the House of Delegates in the State’s 35th House District following the withdrawal of the party’s original candidate. On October 1, 2014, the Supreme Court of Appeals granted the writ of mandamus, ordered the new candidate’s name to be added to the ballot, and ordered the Secretary of State to issue corrected ballots. On October 3, 2014, thirty-two days before the election, revised ballots were transmitted to the UOCAVA voters in the 35th House District.
The instructions accompanying the revised ballots did not explain whether the original ballots remained valid or whether the voters had to return a corrected ballot. Correspondence with certain voters made apparent that there was uncertainty about the validity of original ballots by voters. A request for clarification was made to the Supreme Court of Appeals on whether the originally casted ballots would be counted if no corrected ballot was received, and on October 30, 2014, the request was refused, which the Secretary of State interpreted as an affirmative indication that originally cast ballots should not be counted.
On October 31, 2014, the United States filed its complaint, and on November 3, 2014, the parties submitted, and the Court entered, a consent decree that extended the receipt deadline for corrected ballots returned by mail until November 17, 2014, and that required the Secretary of State to inform voters that they had to return corrected ballots for their vote to be counted. On November 6, 2014, the United States filed a motion for emergency supplemental injunctive relief, seeking an order requiring that the original ballots returned by any affected UOCAVA voters who had not returned a corrected ballot by November 17, 2014 be counted. On November 18, 2014, the Court declined to enter the preliminary relief requested by the United States. Four voters ultimately returned original ballots but not corrected ballots, and so their votes were not counted.
To address the four votes that were not counted, on December 5, 2014, the United States submitted a Brief on the Merits requesting that the Court enter judgment against West Virginia and the Secretary of State of West Virginia for violations of the UOCAVA, and further requesting an order that those four votes be counted. On December 22, 2014, the Court issued injunctive relief, ordering West Virginia and the Secretary of State of West Virginia to take the necessary steps to ensure that: (1) the votes in the November 4, 2014 election for United States Senate and United States House of Representatives on otherwise conforming original ballots cast by the four UOCAVA voters in the 35th House District who did not return a corrected ballot were counted; and (2) the results in those two races were amended to reflect the inclusion of those votes. On January 22, 2015, West Virginia’s Secretary of State filed a notification of compliance, and the case thereafter closed.
Summary Authors
Annefloor de Groot (11/9/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5541058/parties/united-states-v-the-state-of-west-virginia/
Copenhaver, John Thomas (West Virginia)
Call, Gary L. (West Virginia)
Donovan, SaraBeth (West Virginia)
Fisher, Spencer Ross (West Virginia)
Greenlief, Jennifer S. (West Virginia)
See docket on RECAP: https://www.courtlistener.com/docket/5541058/united-states-v-the-state-of-west-virginia/
Last updated Jan. 26, 2026, 7:46 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Oct. 31, 2014
Closing Date: Jan. 22, 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States of America
Plaintiff Type(s):
Non-DOJ federal government plaintiff
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Secretary of State of West Virginia, State
Defendant Type(s):
Case Details
Causes of Action:
Other Dockets:
Southern District of West Virginia 2:14-cv-27456
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Order Duration: 2014 - 2015
Issues
Voting: