Filed Date: Oct. 30, 2019
Closed Date: July 20, 2020
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This is a voter registration case challenging the rejection of voter registration applications from George Mason University (GMU) students for failing to list a specific GMU dormitory and/or dormitory room number on their voter registration forms.
On October 30, 2019, a non-profit group and a GMU student whose voter registration application was rejected filed this lawsuit in the U.S. District Court for the Eastern District of Virginia. Plaintiffs sued the Fairfax County Board of Elections (BOE), as well as the Fairfax County General Registrar and BOE members (in their official capacities), under the First and Fourteenth Amendments of the U.S. Constitution and 42 U.S.C. § 1983. Plaintiffs invoked federal question jurisdiction under 28 U.S.C. § 1331 and the court’s jurisdiction to grant declaratory and injunctive relief under 28 U.S.C. §§ 2201 and 2202. Plaintiffs sought a declaration that Defendants violated their rights and an order that Defendants must count the votes of the GMU students whose applications were rejected, injunctive relief regarding the future handling of these issues, and attorneys’ fees and costs. Plaintiffs alleged that until a few weeks prior to the Complaint, the BOE and its General Registrar accepted voter registration applications from GMU students residing on the Fairfax campus without requiring a dorm name or room number. Beginning in October 2019, and without providing any notification of a change in policy, Defendants rejected applications from approximately 170 students for using the address(es) that GMU directed its students use, but did not include a dorm name or room number. The case was assigned to Magistrate Judge Michael S. Nachmanoff and, after two reassignments, to District Judge Rossie D. Alston.
On October 31, 2019, Plaintiffs filed an Emergency Motion for Preliminary Injunction seeking an order providing the relief sought in their Complaint. By Order dated November 1, 2019, the Court ordered that rejected GMU voter registration applicants who provided the dorm and room number information before arriving at the polling site on November 5, 2019 could submit regular or provisional ballots (depending on when the information was provided) and Defendants would educate polling site workers on this relief. The Order specifically applied only to the November 5, 2019 election.
On July 16, 2020, Plaintiffs filed a Notice of Voluntary Dismissal Without Prejudice, which the Court granted by order dated July 20, 2020.
Summary Authors
Kelly Tsai (4/19/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16409332/parties/new-virginia-majority-education-fund-v-fairfax-county-board-of-elections/
Alston, Rossie David (Virginia)
Weeks, Paul Jarrett (Virginia)
Francuzenko, Alexander (Virginia)
See docket on RECAP: https://www.courtlistener.com/docket/16409332/new-virginia-majority-education-fund-v-fairfax-county-board-of-elections/
Last updated Aug. 9, 2025, 9:32 p.m.
State / Territory: Virginia
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Oct. 30, 2019
Closing Date: July 20, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
GMU student and non-profit group
Plaintiff Type(s):
Non-profit religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Fairfax County Board of Elections (Fairfax), County
Fairfax County Board of Elections members, Private Entity/Person
Fairfax County Registrar, Private Entity/Person
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Voting: