Filed Date: Oct. 20, 2016
Case Ongoing
Clearinghouse coding complete
On Thursday, October 20, 2016, the Plaintiff filed a Verified Class Action Complaint against the Clerk of Cabell County, West Virginia, in the U.S. District Court for the Southern District of West Virginia. With her Complaint, the Plaintiff filed an Emergency Motion for a Temporary Restraining Order, and a Motion for Class Certification. Represented by the American Civil Liberties Union, the Plaintiff argued that the Defendant had violated the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, as well as the West Virginia Constitution. The case was assigned to Chief Judge Robert C. Chambers.
At issue was a state-wide online voter registration system, which the Secretary of State in West Virginia established pursuant to her statutory authority under W. Va. Code § 3–2–5(a)(3), which authorizes the Secretary of State as the chief election officer to establish an electronic voter registration system. In order to register or update a registration using the online system, a West Virginia resident must have a West Virginia driver's license or state identification card and his or her signature must be on file with the West Virginia Division of Motor Vehicles (DMV) or another approved state database. In order to complete an application, a resident logs on to the system and answers a series of questions that confirms his or her eligibility to register. If eligible, the resident then completes the application by entering his or her name, address, birthdate, citizenship, driver's license or state identification number, and the last four digits of their social security number. The applicant's signature is then transferred from the DMV or other approved database.
The filing deadline for registering to vote in West Virginia for the 2016 general election was October 18. Of the fifty-five counties in West Virginia, all but Cabell County allowed residents to register using the online system. In Cabell County, however, when a resident attempted to register through the online system, the Defendant sent the applicant a letter with a paper registration application to complete. The Plaintiff argued that this differing treatment violated equal protection and due process.
On October 25, 2016, after a hearing, the Court granted a temporary restraining order against the Defendant, who agreed to treat everyone who had registered online as a class and inform them that they didn't have to use a paper application.
The following month, on November 21, the Court published a more detailed opinion and issued a preliminary injunction against the Defendant. The Defendant argued that the online system had problems and that she had discretion under state law to decide whether to allow electronic signature transfers. However, the Court rejected this argument and noted that the state legislature and Secretary of State had decided electronic signature transfers were acceptable. The Court found that the Defendant’s policy resulted in an unconstitutional burden on the right of Cabell County voters to vote. Therefore, all qualified persons in Cabell County were registered to vote. 218 F.Supp.3d 488.
Early the next year, on January 24, the Court converted its preliminary injunction into a permanent one. On February 21, 2017, the Plaintiff moved for attorneys' fees. However, the parties resolved the issue out of court and the Court denied the motion as moot the following month. As of November 2023, there were no further developments.
Summary Authors
James Pagano (3/16/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5580864/parties/mullins-v-cole/
Chambers, Robert Charles (West Virginia)
Crofts, Jamie Lynn (West Virginia)
Ho, Dale E. (West Virginia)
Greve, Wendy E. (West Virginia)
Layne, Jacob D. (West Virginia)
See docket on RECAP: https://www.courtlistener.com/docket/5580864/mullins-v-cole/
Last updated Aug. 10, 2025, 9:57 p.m.
State / Territory: West Virginia
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Oct. 20, 2016
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A prospective voter in Cabell County, West Virginia.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Clerk of Cabell County, West Virginia (Cabell), County
Defendant Type(s):
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Order Duration: 2016 - None
Issues
Voting: