Filed Date: Oct. 13, 2020
Closed Date: Oct. 14, 2020
Clearinghouse coding complete
On the morning of October 13, 2020, Virginia's final day of voter registration for the November 3, 2020 election, the online voter registration system in Virginia, the Citizen Portal, experienced a network-wide outage due to a cut fiber optic cable. That same day, New Virginia Majority Educational Fund, Virginia Civic Engagement Table, and League of Women Voters of Virginia requested a temporary restraining order and sought injunctive relief against the Virginia Department of Elections and its Commissioner, and the State Board of Elections and its Chairman, Vice Chair, and Secretary, each in their official capacities (collectively, “the Government”). The plaintiffs retained the Lawyers’ Committee for Civil Rights Under Law, the Advancement Project, and Hogan Lovells US LLP as counsel. They sued in the United States District Court for the Eastern District of Virginia to require the Government to extend Virginia’s voter registration deadline through October 15, 2020 to accommodate Virginians whose rights were violated when they were unable to register prior to the statutory deadline. Plaintiffs alleged that the inability for citizens to register by October 13 was an undue burden on the fundamental right to vote, in violation of the First Amendment to the U.S. Constitution, the Fourteenth Amendment to the U.S. Constitution, and 42 U.S.C. § 1983.
Virginia state law did not authorize the Government to extend the deadline established by the Virginia Code for voter registration, and the Government agreed with the plaintiffs that a court order extending the voter registration deadline was necessary in order to ensure access to the vote and election integrity
On October 14, 2020, United States District Court Judge John A. Gibney, Jr. granted the request for a temporary restraining order and ordered the requested extension of the voter registration deadline through October 15, 2020. The court also ordered the Government to take all action necessary to provide notice to the public of the reopening and extension of time for voter registration and to provide additional information to the public and to voters attempting to register of alternative methods by which individuals may register to vote in the event of a system outage during the extended period for voter registration.
Along with the temporary restraining order and emergency injunctive relief, Judge Gibney dismissed the case with prejudice. The case is closed.
Summary Authors
Gabrielle Jackson (11/16/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18533454/parties/new-virginia-majority-education-fund-v-virginia-department-of-elections/
Gibney, John Adrian (Virginia)
Connally, Nathaniel Thomas (Virginia)
Pickens, Christopher T. (Virginia)
Lewis, Carol Louise (Virginia)
Lockerman, Heather Hays (Virginia)
See docket on RECAP: https://www.courtlistener.com/docket/18533454/new-virginia-majority-education-fund-v-virginia-department-of-elections/
Last updated Jan. 30, 2025, 5:51 p.m.
State / Territory: Virginia
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Oct. 13, 2020
Closing Date: Oct. 14, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Three non-profit organizations: New Virginia Majority Educational Fund, Virginia Civic Engagement Table, and League of Women Voters of Virginia
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Lawyers Comm. for Civil Rights Under Law
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
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:
Issues
Voting: