Filed Date: Nov. 8, 2016
Closed Date: 2016
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On November 8, 2016, a plaintiff who was seeking to vote through an absentee ballot filed a petition for ex parte injunctive relief in the United States District Court for the Eastern District of Virginia Norfolk Division. The petitioner, who was born in 1929, was properly registered to vote but was unable to do so in person due to his physical condition. Just prior to election day 2016, the petitioner was brought to the hospital for congestive heart failure, and was still in the hospital on election day, restrained by cardiac monitoring and on an IV. At the time of the petition, it was anticipated that he would remain in the hospital for the entirety of election day, November 8, 2016.
Pursuant to Virginia Code section 24.2-705, Petitioner had until 2:00 p.m. on November 7, 2016 to make an emergency request for an absentee ballot to be delivered to him. Petitioner was unable to fulfill the time requirement of Va. Code § 24.2-705 because of his physical incapacitation. The petitioner, through his counsel, requested that the Court grant him injunctive relief and order the Registrar for the City of Virginia to provide him forthwith an absentee ballot so that he will be allowed to cast his absentee vote on November 8,2016 at the appropriate polling place. The matter presented a federal question for determination by the Court pursuant to the provisions of the Voting Rights Act and the Americans with Disabilities Act (42 U.S. Code §12101 et seq.), including the Voting Accessibility for the Elderly and Handicapped Act and in connection with Rule 65 of the Federal Rules of Civil Procedure.
The case was assigned to presiding Judge Rebecca Beach Smith who on November 8, 2016 ordered that the court required three authenticated verifications from counsel: (1) verification from the Petitioner's attending physician that the Petitioner was unable timely to request an emergency ballot application, and to complete and return the ballot, by the deadline established under Virginial law, due to his medical condition; (2) verification from the attending physician that the Petitioner is mentally and physically capable of voting on November 8, 2016; and (3) verification from the Petitioner that counsel is authorized to receive and submit an absentee ballot on the Petitioner's behalf. Judge Beach Smith attached Emergency Absentee Ballot Application, as Exhibit A, and note that the completion of the application would satisfy the stated requirements. There was no further activity on this matter after Judge Beach Smith's order on November 8, 2016.
Summary Authors
Jacqueline Klosek (9/2/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/47358245/parties/pace-v-patterson/
Smith, Rebecca Beach (Virginia)
Imprevento, Michael F. (Virginia)
See docket on RECAP: https://www.courtlistener.com/docket/47358245/pace-v-patterson/
Last updated Aug. 8, 2025, 7:30 a.m.
State / Territory: Virginia
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Nov. 8, 2016
Closing Date: 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
a resident of the Commonwealth of Virgina who was registered to vote and wished to vote but could not do so due to hospitalization for an emergency cardiac issue.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Donna Patterson (Virginia Beach), City
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Issues
Voting: