Case: Libertarian Party v. Virginia State Board of Elections

The Constitution Party of Virginia v. Virginia State Board of Elections

The Constitution Party of Virginia v. Virginia State Board of Elections

The Constitution Party of Virginia v. Virginia State Board of Elections

The Constitution Party of Virginia v. Virginia State Board of Elections

The Constitution Party of Virginia v. Virginia State Board of Elections

The Constitution Party of Virginia v. Virginia State Board of Elections

Tittle v. Virginia State Board of Elections

Stanford-MIT Healthy Elections Project

Complaint (Filing Fee: $400, Receipt Number: 0422-7206893), filed by Constitution Party of Virginia. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Proposed Summons, # 3 Exhibit Proposed Summons, # 4 Exhibit Proposed Summons, # 5 Exhibit Proposed Summons, # 6 Exhibit Proposed Summons, # 7 Exhibit Proposed Summons)(Hardin, Matthew) (Attachment 1 replaced on 5/15/2020) (jsau, ). Modified Exhibit label names on 5/18/2020. (sbea,) (Main Document 1 replaced on 5/18/2020) (jsau, ). (Entered: 05/15/2020)

1 Civil Cover Sheet

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2 Exhibit Proposed Summons

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3 Exhibit Proposed Summons

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4 Exhibit Proposed Summons

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5 Exhibit Proposed Summons

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6 Exhibit Proposed Summons

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7 Exhibit Proposed Summons

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Notice of Correction re 1 Complaint. Filing attorney notified of correct filing procedures. Attorney to email Clerk a corrected Complaint with the Pro Hac Vice Signature line below Local Counsel. Filing attorney also directed to refile summonses using the proper docket event "Proposed Summons." (jsau, )

Initial Case Assignment to District Judge John A. Gibney, Jr. (jsau, )

Proposed Summons re 1 Complaint, by Dianne Blais, John Bloom, Mitchell Bupp, Cheri Honkala, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, Sheila Tittle. (Hardin, Matthew) (Entered: 05/15/2020)

Summons Issued as to Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. NOTICE TO ATTORNEY: REMOVE HEADERS Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (jsau, ) (Entered: 05/18/2020)

MOTION to appear Pro Hac Vice by Robert Barnes and Certification of Local Counsel Matthew D. Hardin, Filing Fee: $75, Receipt Number: 0422-7208181; by Dianne Blais, John Bloom, Mitchell Bupp, Cheri Honkala, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, Sheila Tittle (Hardin, Matthew). Clerk corrected filing event. No further action is required. (Entered: 05/18/2020)

Notice of Correction re: 4 MOTION to Appoint Counsel to appear Pro Hac Vice by Robert Barnes and Certification of Local Counsel Matthew D. Hardin Filing fee $ 75, receipt number 0422-7208181. Clerk notified filing attorney the wrong filing event was selected. The correct filing event is "Pro Hac Vice". Clerk has corrected the filing event and no further action is required at this time. (sbea,)

ORDER granting 4 Motion for Pro hac vice. Robert Edward Barnes appointed for Dianne Blais, John Bloom, Mitchell Bupp, Cheri Honkala, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, and Sheila Tittle. Signed by District Judge John A. Gibney, Jr. on 5/18/2020. (jsmi, ) (Entered: 05/18/2020)

FIRST AMENDED COMPLAINT for Injunctive, Declaratory, and Other Relief and AMENDED COUNTERCLAIM against All Defendants, filed by The Green Party of Virginia, The Constitution Party of Virginia, Sheila Tittle, Becker Sidney Smith, The Independent Green Party of Virginia, Rachel Batts, Carey Campbell, Peter Marchetti, Nick Dunbar, Glenda Gail Parker, Aaron Lyles, Albert Burchard, The Libertarian Party of Virginia, Ron Fisher, Katherine Pettigrew, Jo Jorgensen, Harlan Wahlert (Hardin, Matthew). Modified docket text on 6/8/2020. (sbea,) (Entered: 06/05/2020)

MOTION for Temporary Restraining Order by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Attachments: # 1 Affidavit of Bupp, # 2 Affidavit of Campbell, # 3 Affidavit of Smith, # 4 Affidavit of Dunbar)(Hardin, Matthew) (Entered: 06/08/2020)

1 Affidavit of Bupp

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2 Affidavit of Campbell

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3 Affidavit of Smith

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4 Affidavit of Dunbar

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AFFIDAVIT re 7 MOTION for Temporary Restraining Order by John Bloom. (Hardin, Matthew) (Entered: 06/08/2020)

Notice of Correction re: 7 MOTION for Temporary Restraining Order; Clerk notified filing attorney of proper filing procedures regarding "Memorandum in Support. Attorney was requested to refile the Memorandum in Support as a separate document and attach the declarations and then link it back to the motion. (sbea,)

Memorandum in Support re 7 MOTION for Temporary Restraining Order filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia. (Attachments: # 1 Affidavit of Bloom, # 2 Affidavit of Bupp, # 3 Affidavit of Dunbar, # 4 Affidavit of Campbell, # 5 Affidavit of Smith)(Hardin, Matthew) (Entered: 06/09/2020)

ORDER that this matter comes before the Court on the plaintiffs' motion for a temporary restraining order ("TRO") and preliminary injunction ("PI"). (Dk. No. 7 .) Federal Rule of Civil Procedure 65 allows a court to issue a TRO without notice to the adverse party or its attorney if the plaintiffs file: (1) a verified complaint or an affidavit that "clearly show[s]" that the plaintiff will suffer "immediate and irreparable injury, loss, or damage" before the adverse party can be heard; and, (2) a written certification from the movant's attorney detailing "any efforts made to give notice and the reasons why [notice] should not be required." Fed. R. Civ. P. 65(b)(1) (please see Order for additional information.) Accordingly, the Court ORDERS as follows: 1. The Court shall hold a hearing on the TRO/PI motion (Dk. No. 7 ) on June 19, 2020, at 9:00 a.m. All counsel, including local counsel, shall appear in person at the hearing; 2. By June 11, 2020, the plaintiffs shall file a supplemental brief explaining why the TRO/PI motion is not barred by the doctrine of laches. Cf Perry v. Judd, 471 F. App'x 219,220 (4th Cir. 2012). The defendants shall respond to the TRO/PI motion and supplemental brief by June 16, 2020. The plaintiffs may file a reply by June 18, 2020; and, 3. Counsel for the plaintiffs shall promptly serve the defendants with a copy of this Order and file a certification indicating that they have done so. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 06/09/2020. (walk, ) (Entered: 06/09/2020)

Set as to 7 MOTION for Temporary Restraining Order: Motion Hearing set for 6/19/2020 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. (wtuc)

CERTIFICATE OF SERVICE by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle re: 10 Order (Hardin, Matthew). Modified on 6/9/2020. (sbea,) (Entered: 06/09/2020)

NOTICE of Appearance by Heather Hays Lockerman on behalf of Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Lockerman, Heather) (Entered: 06/10/2020)

NOTICE of Appearance by Marshall Howard Ross on behalf of Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Ross, Marshall) (Entered: 06/10/2020)

MOTION for Leave to Appear Telephonically by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Attachments: # 1 Exhibit A (Order of the Thurston County Superior Court), # 2 Exhibit B (Docket in a pending Thurston County matter))(Hardin, Matthew) (Entered: 06/10/2020)

1 Exhibit A (Order of the Thurston County Superior Court)

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2 Exhibit B (Docket in a pending Thurston County matter)

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NOTICE of Appearance by Carol Louise Lewis on behalf of Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Lewis, Carol) (Entered: 06/11/2020)

Memorandum Addressing Laches & Responding re: 10 Order, filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Attachments: # 1 Affidavit of Barnes)(Hardin, Matthew). Modified docket text on 6/18/202. (sbea,) (Entered: 06/11/2020)

CERTIFICATE OF SERVICE by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert re 16 Memorandum,, (Hardin, Matthew) (Entered: 06/11/2020)

ORDER that this matter comes before the Court on the plaintiffs' motion to allow local counsel to appear telephonically. (Dk. No. 14 .) The Court has scheduled a hearing on the plaintiffs' motion for a temporary restraining order or preliminary injunction for June 19, 2020. Because local counsel is scheduled to appear for a hearing in another case in Washington State that same day, he asks to appear at the hearing by telephone. Upon due consideration, the Court GRANTS the motion. (Dk. No. 14 .) If the June 19 hearing proceeds in the Washington State matter, local counsel for the plaintiff may appear by telephone at the hearing in this Court. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 06/12/2020. (walk, ) (Entered: 06/12/2020)

Opposition to Motion for Preliminary Injunction filed by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Attachments: # 1 Exhibit Declaration of Christopher Piper)(Lewis, Carol) (Entered: 06/16/2020)

1 Exhibit Declaration of Christopher Piper

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REPLY in Support of Their Motion for Preliminary Injunction and/or Temporary Restraining Order re: 7 MOTION for Temporary Restraining Order filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert (Hardin, Matthew). Modified docket text on 6/18/2020. (sbea,) (Entered: 06/18/2020)

Minute Entry for proceedings held before District Judge John A. Gibney, Jr.:Motion Hearing held on 6/19/2020 re 7 MOTION for Temporary Restraining Order filed by The Independent Green Party of Virginia, Peter Marchetti, Jo Jorgensen, Glenda Gail Parker, Nick Dunbar, Mitchell Bupp, The Libertarian Party of Virginia, Cheri Honkala, Dianne Blais, Aaron Lyles, Becker Sidney Smith, Sheila Tittle, Katherine Pettigrew, Albert Burchard, Carey Campbell, John Bloom, Rachel Batts, The Green Party of Virginia, Ron Fisher, The Constitution Party of Virginia; the parties represented that they have consent decree that could resolve the case; the defendants will confirm by early next week if it consents to the decree; if there is no consent, the case will proceed to trial on July 13 at 9:00 a.m. (Court Reporter G. Halasz, OCR.)(wtuc) (Entered: 06/19/2020)

ORDER that this matter comes before the Court on the plaintiffs' motion for a temporary restraining order and preliminary injunction. (Dk. No. 7 .) The Court held a hearing on the motion on June 19, 2020. As discussed at the hearing, counsel for the parties have preliminarily agreed to the terms of a consent decree that would resolve this case. Accordingly, by June 23, 2020, at 9:00 a.m., counsel for the defendants shall notify opposing counsel and this Court whether the defendants agree to the terms of the consent decree. If the parties do not resolve the case, the Court will hold a bench trial on July 13, 2020. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 06/19/2020. (walk, ) (Entered: 06/19/2020)

Joint Status Report by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Lewis, Carol). Modified docket text on 6/23/2020. (sbea,) (Entered: 06/23/2020)

ORDER - It is hereby ORDERED that the settlement conference and proceedings are referred to United States Magistrate Roderick C. Young. Counsel shall be responsible for immediately contacting the Chambers of Magistrate Judge Young to schedule the conference, which should occur at such time as Magistrate Judge Young shall approve. Signed by District Judge John A. Gibney, Jr on 06/24/2020. (tjoh, ) (Entered: 06/24/2020)

Case referred to Magistrate Judge Roderick C. Young for settlement purposes. (tjoh, )

PRETRIAL ORDER. Signed by District Judge John A. Gibney, Jr on 6/24/20. (khan, ) (Entered: 06/24/2020)

Set/Reset Hearings: Bench Trial set for 7/13/2020at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney Jr.. (khan, )

ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE. The Court has scheduled this case for a settlement conference on June 30, 2020 at 9:30, to beheld by videoconference. In addition to counsel, each party must have a representative present on the videoconference with the full authority to settle this action. The failure of a party to have a representative present on the videoconference with full authority to settle the case may result in the imposition of sanctions upon that party. See Order for complete details. It is so ORDERED. Signed by Magistrate Judge Roderick C. Young on 6/25/2020. (sbea, ) (Entered: 06/25/2020)

Settlement Conference set for 6/30/2020 at 9:30 AM via ZOOM before Magistrate Judge Roderick C. Young. (jsau)

Minute Entry for proceedings held before Magistrate Judge Roderick C. Young: Settlement Conference held on 6/30/2020 via ZOOM. (jsau)

PARTIAL CONSENT JUDGMENT AND DECREE to Approve Consent Judgment by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Lewis, Carol) Modified docket text on 7/8/2020. (sbea,) (Entered: 07/01/2020)

NOTICE of Appearance by Blaire Hawkins O'Brien on behalf of Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (O'Brien, Blaire) (Entered: 07/01/2020)

PARTIAL CONSENT JUDGMENT AND DECREE. See Order for Details. Signed by District Judge John A. Gibney, Jr. on 7/2/2020. (smej, ) (Entered: 07/02/2020)

TRANSCRIPT of proceedings held on 06/19/2020, before Judge Hon. John A. Gibney, Jr., Court Reporter Gil Halasz, Telephone number 804 916-2248. 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/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/3/2020. Redacted Transcript Deadline set for 9/2/2020. Release of Transcript Restriction set for 10/1/2020.(halasz, gil) (Entered: 07/03/2020)

MOTION for Summary Judgment by John O'Bannon. (Lewis, Carol) (Entered: 07/07/2020)

Memorandum in Support re 31 MOTION for Summary Judgment filed by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit A to Exhibit Q (Piper Decl), # 19 Exhibit R)(Lewis, Carol) (Entered: 07/07/2020)

DISREGARD - Selected in Error; See Docket Entry 34 Summary Judgment Bankruptcy Findings of Fact by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Attachments: # 1 Supplement Memorandum in Support, # 2 Supplement Declaration of Bloom, # 3 Supplement Declaration of Campbell, # 4 Supplement Declaration of Smith, # 5 Supplement Declaration of Dunbar, # 6 Exhibit 1 (Executive Order 51), # 7 Exhibit 2 (Declaration of Public Health Emergency), # 8 Exhibit 3 (Judicial Emergency Order), # 9 Exhibit 4 (Executive Order 55), # 10 Exhibit 5 (Executive Order 61), # 11 Exhibit 6 (Executive Order 65), # 12 Exhibit 7 (Executive Order 67), # 13 Exhibit 8 (World Health Organization Statement), # 14 Exhibit 9 (Health & Human Services Determination), # 15 Exhibit 10 (World Health Organization Remarks), # 16 Exhibit 11 (Proclamation of the U.S. President), # 17 Exhibit 12 (Press Release of Gov. Ralph Northam), # 18 Exhibit 13 (List of Cancelled Events), # 19 Exhibit 14 (Local Events Affected by COVID-19), # 20 Exhibit 15 (Response to Requests for Admission))(Hardin, Matthew). Modified docket text on 7/9/2020. (sbea,) (Entered: 07/07/2020)

MOTION for Summary Judgment (Corrected) by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert. (Hardin, Matthew) (Entered: 07/08/2020)

Memorandum in Opposition re 34 MOTION for Summary Judgment (Corrected), Memorandum in Support (Corrected) filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Attachments: # 1 Affidavit of Bloom, # 2 Affidavit of Campbell, # 3 Affidavit of Smith, # 4 Affidavit of Dunbar, # 5 Exhibit 1 (Executive Order 51), # 6 Exhibit 2 (Declaration of Public Health Emergency), # 7 Exhibit 3 (Judicial Emergency Order), # 8 Exhibit 4 (Executive Order 55), # 9 Exhibit 5 (Executive Order 61), # 10 Exhibit 6 (Executive Order 65), # 11 Exhibit 7 (Executive Order 67), # 12 Exhibit 8 (World Health Organization Statement), # 13 Exhibit 9 (Health & Human Services Determination), # 14 Exhibit 10 (World Health Organization Remarks), # 15 Exhibit 11 (Proclamation of the U.S. President), # 16 Exhibit 12 (Press Release of Gov. Ralph Northam), # 17 Exhibit 13 (List of Cancelled Events), # 18 Exhibit 14 (Local Events Affected by COVID-19), # 19 Exhibit 15 (Response to Requests for Admission))(Hardin, Matthew) (Entered: 07/08/2020)

Notice of Correction re: 33 Bankruptcy Findings of Fact; Filing attorney accidently selected the wrong filing event; Clerk termed motion and attorney re-filed correctly in ECF No. 34 MOTION for Summary Judgment (Corrected). No further action is required. (sbea,)

RESPONSE in Opposition re 34 MOTION for Summary Judgment (Corrected) filed by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (O'Brien, Blaire) (Entered: 07/09/2020)

Witness List by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (O'Brien, Blaire) (Entered: 07/09/2020)

Exhibit List by Virginia State Board of Elections.. (Ross, Marshall) (Entered: 07/09/2020)

MOTION with Memorandum in Support to Intervene as Plaintiff Under Federal Rule of Civil Procedure 24(b)by Aaron Luciani. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment and Decree). (sbea,) (Entered: 07/09/2020)

Memorandum in Opposition re 31 MOTION for Summary Judgment filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert. (Hardin, Matthew) (Entered: 07/09/2020)

Plaintiffs' Proposed Witness List by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Hardin, Matthew) (Entered: 07/09/2020)

Plaintiffs' Proposed Exhibit List by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle.. (Hardin, Matthew) (Entered: 07/09/2020)

ORDER that this matter comes before the Court on Aaron Luciani's pro se motion to intervene, filed on July 9, 2020. (Dk. No. 40 .) Luciani, a resident of Roanoke, Virginia, is an independent candidate for United States Congress. He asks the Court to permit him to intervene as a plaintiff in this case. Discovery ended on July 1, 2020, and the parties have fully briefed motions for summary judgment. Further, the Court has scheduled this case for trial beginning July 13, 2020. Because Luciani filed his motion after all pretrial deadlines passed and shortly before trial, the Court DENIES the motion. See Fed. R. Civ. P. 24(b)(1) (permitting intervention when the party files atimely motion ). It is so ORDERED.. Signed by District Judge John A. Gibney, Jr. on 07/10/2020. Copy mailed to Aaron Luciani. (walk, ) (Entered: 07/10/2020)

MEMORANDUM ORDER that this matter comes before the Court on the parties cross-motions for summary judgment. (Dk. Nos. 31, 34 .) Virginia law requires individuals who wish to appear on the general election ballot to gather a certain number of signatures by specific deadlines (please see Memorandum Order for additional information.) For the foregoing reasons, the Court DENIES the parties cross-motions for summary judgment. (Dk. Nos. 31, 34 .) The case will proceed to trial as scheduled. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 07/10/2020. (walk, ) (Entered: 07/10/2020)

ORDER that this matter comes before the Court on the plaintiffs' exhibit list. (Dk. No. 43 .) The plaintiffs have filed an exhibit list that contains several categories of documents, but they do not identify the precise documents they intend to introduce into evidence in this case. By 5:00 p.m. on July 10, 2020, the plaintiffs shall file a revised exhibit list identifying the precise documents they intend to introduce into evidence, and they shall assign an exhibit number to each exhibit. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 07/10/2020. (walk, ) (Entered: 07/10/2020)

Amended Exhibit List by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert.. (Hardin, Matthew) (Entered: 07/10/2020)

Objection to Witness List by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (O'Brien, Blaire) (Entered: 07/10/2020)

Objection to Exhibit List by Jessica Bowman, Robert H. Brink, Jamilah D. LeCruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections.. (O'Brien, Blaire) (Entered: 07/10/2020)

Minute Entry for proceedings held before District Judge John A. Gibney, Jr.:Bench Trial held on 7/13/2020; evidence adduced; arguments heard; the Court will take the matter under advisement and enter a decision later in the week (Court Reporter G. Halasz, OCR.)(wtuc) (Entered: 07/13/2020)

OPINION. See Opinion for details. Signed by District Judge John A. Gibney, Jr. on 7/15/2020. (sbea,) (Entered: 07/15/2020)

FINAL ORDER. The Court ENJOINS the defendants from enforcing those requirements as to the named plaintiffs for the 2020 general election in Virginia and ORDERS as follows: 1) The deadline for the named plaintiffs seeking to appear as candidates for the U.S. House of Representatives and U.S. Senate is extended to August 1, 2020, at 7:00 p.m. 2) The named plaintiffs seeking to appear as candidates for U.S. President and U.S. Vice President shall appear on the ballot if they submit signatures of qualified voters totaling at least 50 percent of the total petition signatures required by Virginia Code ยง 24.2-543(A), and meet all other conditions to appear on the 2020 Virginia general election ballot as candidates for U.S. President or U.S. Vice President 3) The Court DENIES AS 7 MOOT the plaintiffs' motion for a temporary restraining order or preliminary injunction. 4) The Court DIRECTS the Clerk to enter judgment in favor of the plaintiffs pursuant to Federal Rule of Civil Procedure 58. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 7/15/2020. (sbea,) (Entered: 07/15/2020)

JUDGMENT entered by the Clerk pursuant to Rule 58 and in accordance with the Final Order entered 7/15/20. (sbea,) (Entered: 07/15/2020)

MOTION for Attorney Fees by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert. (Hardin, Matthew) (Entered: 07/29/2020)

Memorandum in Support re 54 MOTION for Attorney Fees filed by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert. (Attachments: # 1 Affidavit of Barnes, # 2 Exhibit A to Affidavit of Barnes, # 3 Affidavit of Local Counsel, # 4 Exhibit A to Affidavit of Local Counsel, # 5 Exhibit B to Affidavit of Local Counsel, # 6 Exhibit C to Affidavit of Local Counsel, # 7 Exhibit D to Affidavit of Local Counsel)(Hardin, Matthew) (Entered: 07/29/2020)

MOTION for Extension of time to file Expert Affidavits by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle. (Hardin, Matthew) (Entered: 07/29/2020)

ORDER the Court GRANTS the 56 motion for an extension of time to file expert affidavits in support of plaintiffs' motion for attorney's fees. The plaintiffs shall file the expert affidavits by August 5, 2020. The defendants shall respond to the motion for attorney's fees and costs within fourteen (14) days of the filing of the affidavits. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 7/30/2020. (sbea,) (Entered: 07/30/2020)

DECLARATION of Paul Prados re: 54 MOTION for Attorney Fees by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia. (Hardin, Matthew). Modified docket text on 8/5/2020. (sbea,) (Entered: 08/05/2020)

DECLARATION and Report of Expert Witness Thomas H. Roberts, Esq. re: 54 MOTION for Attorney Fees by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Luciani, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle (Hardin, Matthew). Modified docket text on 8/5/2020. (sbea,) (Entered: 08/05/2020)

NOTICE of Settlement and Withdrawal of Pending Motion for Attorneys' Fees by Rachel Batts, Dianne Blais, John Bloom, Mitchell Bupp, Albert Burchard, Carey Campbell, Nick Dunbar, Ron Fisher, Cheri Honkala, Jo Jorgensen, Aaron Lyles, Peter Marchetti, Glenda Gail Parker, Katherine Pettigrew, Becker Sidney Smith, The Constitution Party of Virginia, The Green Party of Virginia, The Independent Green Party of Virginia, The Libertarian Party of Virginia, Sheila Tittle, Harlan Wahlert (Hardin, Matthew) (Entered: 08/13/2020)

ORDER. This matter comes before the Court on its own initiative. Because the plaintiff, Sheila Tittle, is represented by counsel, Ms. Tittle must communicate with the Court through her attorney. Ms. Tittle is not permitted to call or otherwise contact the Court, unless asked by the Court to do so. It is so ORDERED. Signed by District Judge John A. Gibney, Jr on 9/14/2020. Order was mailed to Ms. Sheila Tittle and Mr. Joseph Synan. (sbea,) (Entered: 09/14/2020)

MEMORANDUM ORDER that the motion for an emergency injunction to stop the printing of the 2020 Virginia general election ballot is DENIED. See Order for complete details. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 9/22/2020. Memorandum Orders were mailed to Ms. Sheila Tittle and Mr. Joseph Synan. (sbea,) (Entered: 09/22/2020)