Case: Virginia Voter's Alliance v. Leider

1:16-cv-00394 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 17, 2016

Closed Date: June 17, 2016

Clearinghouse coding complete

Case Summary

This case involved allegations that the local registrar failed to comply with the National Voter Registration Act of 1993 ("NVRA") and maintain accurate voter lists. In April 2016, one resident of Alexandria, VA and the Virginia Voter's Alliance, Inc. filed suit in the Eastern District of Virginia, Alexandria Division. The defendant was the General Registrar for the City of Alexandria. Plaintiffs were represented by private counsel, ThompsonMcMullan, and the Public Interest Legal Foundation. Pl…

This case involved allegations that the local registrar failed to comply with the National Voter Registration Act of 1993 ("NVRA") and maintain accurate voter lists.

In April 2016, one resident of Alexandria, VA and the Virginia Voter's Alliance, Inc. filed suit in the Eastern District of Virginia, Alexandria Division. The defendant was the General Registrar for the City of Alexandria. Plaintiffs were represented by private counsel, ThompsonMcMullan, and the Public Interest Legal Foundation. Plaintiffs cited the NVRA, 52 U.S.C. § 20507, and Help America Vote Act ("HAVA"), 52 U.S.C. § 21083. The case was assigned to Judge Leonie M. Brinkema.

Prior to filing the complaint on January 25, 2016, Plaintiff mailed a statutory notice letter to Defendant indicating that the City of Alexandria was in violation of Section 8 of the NVRA based on Plaintiff’s research and comparison of publicly available information from the U.S. census and requested the opportunity to discuss a remedial plan and inspection of voter records. On February 9, 2016, Defendant responded to Plaintiff and provided recent U.S. census statistics for the City of Alexandria and requested that Plaintiff provide with more specificity the additional information requested before scheduling a meeting with Defendant. Plaintiff did not respond to Defendant’s response letter and filed compliant with the Court. Plaintiffs had two key allegations. First, that Defendant failed to conduct and execute a reasonable voter list maintenance program in accordance with Section 8 of the NVRA. Second, that Defendant failed to produce voter records and data in violation of Section 8 of the NVRA. Plaintiff sought declaratory judgment and injunctive relief requiring Defendant to conduct and execute reasonable voter list maintenance program to ensure only eligible voters are maintained in the City of Alexandria.

Defendants filed a motion to dismiss on April 29, 2016. Defendant alleged that Plaintiff failed to adequately plead their case since the complaint relied on conclusory and vague allegation which are insufficient to demonstrate a plausible claim, as required by Iqbal/Twombly, most notably failing to present any U.S. census reports or voter registration information that corroborated Plaintiff’s conclusions, thus have failed to present facts sufficient to state a plausible claim and survive the motion to dismiss. Further, Defendant alleged that substantially complied with Section 8 of the NVRA with respect to their system to maintain voter registration lists and had adequately responded to Plaintiff’s request to review voter records and lists. 

On June 10, 2016, the League of Women Voters of Virginia ("League") filed a motion to intervene as defendants. The League alleged that their interests would be impaired if the City of Alexandria's voting rolls were improperly or illegally purged in accordance with Plaintiff’s injunction and that Defendant would not adequately protect the League's interests given that Defendant is a public servant with limited resources and broad responsibilities. 

On June 17, 2016, the Court held a hearing on Defendant's motion to dismiss and League's motion to intervene. During the hearing, memorialized in an order filed on June 17, 2016, the Court granted the League's motion to intervene and Defendant’s motion to dismiss, finding that neither counts were adequately pled with the required degree of specificity, as required by Iqbal/Twombly. The Court further dismissed the civil action without prejudice, permitting the Plaintiffs to file an amended complaint only after conducting the appropriate pre-filing investigation and working with Defendant. As of August 2025, the Plaintiff has not filed an amended complaint. 

Summary Authors

(7/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/46821745/parties/virginia-voters-alliance-inc-v-leider/


Judge(s)

Brinkema, Leonie M. (Virginia)

Attorney for Plaintiff

Adams, John Christian (Virginia)

Attorney for Defendant

Connally, Nathaniel Thomas (Virginia)

Tunner, William Woodul (Virginia)

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Documents in the Clearinghouse

Document
001

1:16-cv-00394

Complaint

April 7, 2016

April 7, 2016

Complaint
008

1:16-cv-00394

Leider's Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6)

April 29, 2016

April 29, 2016

Pleading / Motion / Brief
009

1:16-cv-00394

Leider's Memorandum of Points and Authorities in Support of Motion to Dismiss

April 29, 2016

April 29, 2016

Pleading / Motion / Brief
007

1:16-cv-00394

Answer to Complaint

April 29, 2016

April 29, 2016

Pleading / Motion / Brief
015

1:16-cv-00394

Memorandum in Opposition to Leider's Motion to Dismiss

May 10, 2016

May 10, 2016

Pleading / Motion / Brief
014

1:16-cv-00394

Opposition to Leider's Motion to Dismiss

May 10, 2016

May 10, 2016

Pleading / Motion / Brief
016

1:16-cv-00394

Leider's Reply to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss

May 12, 2016

May 12, 2016

Pleading / Motion / Brief
020

1:16-cv-00394

Brief in Support of the Motion of the League of Women Voters of Virginia to Intervene

June 10, 2016

June 10, 2016

Pleading / Motion / Brief
023

1:16-cv-00394

Plaintiff's Notice of Opposition to Motion of the League of Women Voters of Virginia to Intervene

June 16, 2016

June 16, 2016

Pleading / Motion / Brief
024

1:16-cv-00394

Civil Motion Minutes

June 17, 2016

June 17, 2016

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/46821745/virginia-voters-alliance-inc-v-leider/

Last updated Aug. 15, 2025, 9:07 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Anna J. Leider (Filing fee $ 400, receipt number 14683058224) filed by Virginia Voter's Alliance, Inc., David Norcross. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jlan) (Entered: 04/07/2016)

1 Civil Cover Sheet

View on RECAP

2 Receipt

View on PACER

April 7, 2016

April 7, 2016

Clearinghouse
2

FINANCIAL AFFIDAVIT by Virginia Voter's Alliance, Inc.. (jlan) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
3

Summons Issued to be served by SPS as to Anna J. Leider. (jlan) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
4

Motion to appear Pro Hac Vice by Noel Henry Johnson and Certification of Local Counsel John Christian Adams Filing fee $ 75, receipt number 0422-4954766. by David Norcross, Virginia Voter's Alliance, Inc.. (Attachments: # 1 Appendix Application to Qualify as Foreign Attorney, # 2 Proposed Order Proposed Order Admitting Noel Henry Johnson Pro Hac Vice)(Adams, John) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
5

SUMMONS Returned Executed Anna J. Leider served on 4/8/2016, answer due 4/29/2016 (jlan) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
6

ORDER granting 4 Motion to appear Pro Hac Vice by Noel Henry Johnson and Certification of Local Counsel John Christian Adams. Signed by District Judge Leonie M. Brinkema on 04/25/2016. (jlan) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
7

ANSWER to 1 Complaint by Anna J. Leider. (Attachments: # 1 Exhibit response letter)(Tunner, William) (Entered: 04/29/2016)

1 Exhibit response letter

View on RECAP

April 29, 2016

April 29, 2016

Clearinghouse
8

MOTION to Dismiss, MOTION to Dismiss for Failure to State a Claim by Anna J. Leider. (Tunner, William) Modified on 5/6/2016 (yguy). (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

Clearinghouse
9

Memorandum in Support re 8 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim filed by Anna J. Leider. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tunner, William) (Entered: 04/29/2016)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

April 29, 2016

April 29, 2016

Clearinghouse
10

Notice of filing proposed Order by Anna J. Leider.. (Tunner, William) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER

Notice of Correction: The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument re 8 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim (jlan)

May 2, 2016

May 2, 2016

PACER
11

Notice of Hearing Date re 8 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim, 9 Memorandum in Support (Tunner, William) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
12

SCHEDULING ORDER:Initial Pretrial Conference set for 5/25/2016 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. Discovery due by 9/9/2016. Final Pretrial Conference set for 9/15/2016 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 5/4/16. (Attachments: # 1 Mag.Consent, # 2 Pretrial Notice)(yguy) (Entered: 05/05/2016)

May 4, 2016

May 4, 2016

PACER

Set Deadlines as to 8 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 6/17/2016 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )

May 5, 2016

May 5, 2016

PACER
13

ORDER: The Court having been advised by defendant's counsel that defendant's Motion to Dismiss [Dkt. No. 8] was inadvertently filed ex parte and should instead have been filed publicly, it is hereby ORDERED that the Clerk re-docket the Motion to Dismiss as a public filing. Signed by District Judge Leonie M. Brinkema on 5/6/16. (yguy) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
14

Opposition to 8 MOTION MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim filed by David Norcross, Virginia Voter's Alliance, Inc.. (Adams, John) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

Clearinghouse
15

Memorandum in Opposition re 8 MOTION MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim filed by David Norcross, Virginia Voter's Alliance, Inc.. (Attachments: # 1 Exhibit Opinion, # 2 Exhibit Consent Decree, # 3 Exhibit Consent Decree, # 4 Exhibit Consent Decree, # 5 Exhibit Consent Decree, # 6 Exhibit Consent Decree)(Adams, John) (Entered: 05/10/2016)

1 Exhibit Opinion

View on RECAP

2 Exhibit Consent Decree

View on RECAP

3 Exhibit Consent Decree

View on RECAP

4 Exhibit Consent Decree

View on RECAP

5 Exhibit Consent Decree

View on RECAP

6 Exhibit Consent Decree

View on RECAP

May 10, 2016

May 10, 2016

Clearinghouse
16

REPLY to Response to Motion re 8 MOTION MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim filed by Anna J. Leider. (Tunner, William) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

Clearinghouse
17

Joint Discovery Plan by Anna J. Leider.(Prince, William) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER

Deadline terminated - Initial Pretrial Conference set for 5/25/2016 at 11:00 AM before Judge Nachmanoff terminated per MSN chambers. (cmar, )

May 23, 2016

May 23, 2016

PACER
18

Order Rule 16(b) Scheduling Order - Upon consideration of the record and the representations made by the parties in their discovery plan, the court makes the following rulings: The rule 26(f) report filed by the parties is approved and shall control discovery to the extent of its application unless modified by the court herein or hereafter. See Order for more details. Signed by Magistrate Judge Michael S. Nachmanoff on 5/27/2016.(rban, ) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
19

MOTION to Intervene by League of Women Voters of Virginia. (Connally, Nathaniel) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
20

Brief in Support to 19 MOTION to Intervene filed by League of Women Voters of Virginia. (Attachments: # 1 Exhibit A)(Connally, Nathaniel) (Entered: 06/10/2016)

1 Exhibit A

View on RECAP

June 10, 2016

June 10, 2016

Clearinghouse
21

Notice of Hearing Date (June 17, 2016) re 20 Brief in Support, 19 MOTION to Intervene (Connally, Nathaniel) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
22

Financial Interest Disclosure Statement (Local Rule 7.1) by League of Women Voters of Virginia. (Connally, Nathaniel) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER

Set Deadlines as to 19 MOTION to Intervene . Motion Hearing set for 6/17/2016 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )

June 13, 2016

June 13, 2016

PACER
23

Memorandum in Opposition re 19 MOTION to Intervene filed by David Norcross, Virginia Voter's Alliance, Inc.. (Adams, John) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

Clearinghouse
24

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 6/17/2016. Appearances of counsel. Deft's 19 MOTION to Intervene is GRANTED. Deft's 8 MOTION to Dismiss is argued and GRANTED. (see order for details) (Court Reporter N. Linnell.)(yguy) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

Clearinghouse
25

ORDER: For the reasons stated in open court, the Motion of the League of Women Voters of Virginia to Intervene [Dkt. No. 19] and Anna J. Leider's Motion to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6)are GRANTED, and it is hereby ORDERED that this civil action be and is DISMISSED WITHOUT PREJUDICE.Plaintiffs will be permitted to file an Amended Complaint, but only after conducting an appropriate pre-filing investigation. Signed by District Judge Leonie M. Brinkema on 6/17/16. (yguy) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

Clearinghouse
26

TRANSCRIPT of motions hearing held on 6-17-2016 before Judge L.M. Brinkema. Court reporter Norman Linnell, telephone number 703-549-4626. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/29/2016. Redacted Transcript Deadline set for 8/29/2016. Release of Transcript Restriction set for 9/27/2016.(linnell, norman) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 17, 2016

Closing Date: June 17, 2016

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Virginia Voter's Alliance, a non-stock VA corporation dedicated to voting rights, and a registered voter in Alexandria, VA.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Anna J. Leider (Alexandria, Alexandria), City

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 0

Order Duration: 2016 - 2016

Issues

Voting:

Vote dilution

Voter registration rules