Filed Date: May 23, 2018
Closed Date: July 9, 2018
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Plaintiff, a candidate for Senate in Virginia, filed a claim in federal district court against the Republican Party, the Executive Director of the Republican Party, the Virginia Department of Elections and its commissioner, the Virginia Board of Elections, and the Commonwealth of Virginia after Plaintiff was excluded from the official ballot for the primary election. Plaintiff's complaint contained claims relating to violations of the Voting Rights Act, the First Amendment and the Fourteenth Amendment. The case was filed on May 1, 2018 and March 29, 2018 was the final day to submit the required documentation to the Republican Party for inclusion on the primary ballot. Plaintiff sought an immediate injunction to stop the printing of the ballots without his name included because of the claimed violations.
Plaintiff claimed that the defendants had (1) violated the Voting Rights Act keeping him off the ballot through an improper signatures check; (2) violated the Fourteenth Amendment Equal Protection Clause by treating him differently than other candidates; (3) violated the Fourteenth Amendment's Due Process and Equal Protection clauses when they refused to hear his appeal of the Republican Party's decision to disqualify him; and (4) violated Virginia's First and Fourteenth Amendments as well as Virginia Administrative Code by denying him the right to vote.
Plaintiff had submitted his signatures to the party for an optional pre-check and was told at the time that while he had the required number of total signatures for inclusion on the primary ballot, he did not have the required number of signatures from each of the 11 districts. Plaintiff argued intimidation and procedural due process issues based on the interactions during this pre-check, which he claimed were violations of the Voting Rights Act and the Fourteenth Amendment, respectively, and argued that he had the right to seek a remedy in court based on language in the First Amendment. The state and the Republican Party argued that the pre-check was a courtesy and that Plaintiff was treated the same as everyone else.
The injunction was denied by the court on May 9, 2018 and the state and the Republican Party subsequently moved to dismiss the case. Plaintiff did not respond. After the ballots had been printed, the court dismissed the action without prejudice on July 9, 2018 because there was no longer a live controversy and Plaintiff had not responded.
Summary Authors
Sebastian Bacon (5/2/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14488436/parties/raiklin-v-virginia-boarddepartment-of-elections/
Gibney, John Adrian (Virginia)
Raiklin, Ivan E. (Virginia)
Birkenheier, Anna Tillie (Virginia)
Marston, Christopher Michael (Virginia)
See docket on RECAP: https://www.courtlistener.com/docket/14488436/raiklin-v-virginia-boarddepartment-of-elections/
Last updated Aug. 8, 2025, 7:41 a.m.
State / Territory: Virginia
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: May 23, 2018
Closing Date: July 9, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Candidate for Senate from Virginia for Republican Party
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Virginia Board of Elections, State
Executive Director, Political Party
Republican Party of Virginia, Political Party
Commonwealth of Virginia, State
Case Details
Causes of Action:
Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Outcome
Prevailing Party: Defendant
Issues
General/Misc.:
Discrimination Area:
Voting: