Resource: Gary v. Va. Dep’t of Elections

By: Stanford-MIT Healthy Elections Project

November 19, 2020

Stanford-MIT Healthy Elections Project

Plaintiffs--blind/visually-impaired registered voters, National Federation of the Blind of Virginia, and American Council of the Blind of Virginia, Inc.--sued Virginia Department of Elections ("VA DOE"), Virginia State Board of Elections, and officers of those organizations for violating the ADA by failing to implement a readily available remote accessible vote-by-mail system. The Plaintiffs also alleged violation of section 504 of the Rehabilitation Act of 1973 and violations of various VA disability statutes (Va. Code sections 51.5-43, 51.5-40.1) for the same conduct. Plaintiffs requested injunctive relief requiring defendants to offer a private and independent method of absentee voting accessible for people with print disabilities in time for use by voters in all future elections.