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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

 

Lee v. Virginia Board of Elections

Case Information

Date Filed: June 11, 2015
State: Virginia
Issues: Voter ID, Voter Supression, Voting Rights Act
Courts that Heard this Case: US District Court for the Eastern District of Virginia- Richmond Division (Case 3:15-cv-357); U.S. Court of Appeals for the Fourth Circuit (Case 16-01605)

Issue:

1. Whether Virginia's voter ID law and long wait times to vote violate Section 2 of the Voting Rights Act.

2. Whether Virginia's voter ID law imposes an undue burden on the right to vote, and results in disparate treatment amongst voters in violation of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

3. Whether the General Assembly, in enacting the voter ID law and failing to take action to prevent long wait times to vote from recurring, intended to suppress (i.e., fence out), has suppressed, and will continue to suppress the vote of Democrats.

4. Whether the General Assembly, in enacting the voter ID law and failing to take action to prevent long wait times to vote from recurring, intended, at least in part, to suppress the number of votes cast by African Americans and Latinos in violation of the Fourteenth and Fifteenth Amendments.

5. Whether the General Assembly, in enacting the voter ID law and failing to take action to reduce wait times to vote intended, at least in part, to suppress the number of votes cast by young voters in violation of the Twenty-Sixth Amendment.

Status:

Complaint filed on 6/11/2015. Motion for Stay Of Discovery and Motion To Quash filed 9/25/15. Order to Withdraw Motion To Quash filed 10/16/15. MOTION to Compel Discovery by Lee et al filed 10/19/15. Opinion and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss filed 12/18/15. Trial held February 2016. Opinion and Order upholding Virginia voter ID law filed 5/19/16. Notice of Appeal filed 5/25/16. Appellant's opening brief at the Fourth Circuit filed 7/5/16. Appellees' Brief filed 8/5/16. Oral Argument held at 4th Circuit 9/22/16. Opinion upholding voter ID law filed 12/13/16.

District Court Documents

 

Fourth Circuit Court of Appeals Documents

Commentary

Edward B. Foley

Of X-Rays, CT Scans, and Gerrymanders

Edward B. Foley

Progress in the detection of malignant redistricting.

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In the News

Edward B. Foley

Ranked-choice voting: A better way or chaos?

Professor Edward Foley’s book, “Ballot Battles: The History of Disputed Elections in the United States” was quoted in The Ellsworth American, in an article about ranked-choice voting in Maine.

Plurality language was added to Maine’s Constitution in 1880 after none of the candidates for governor in the election of 1879 received a majority vote.

“After this ordeal, the state eliminated the requirement that a gubernatorial candidate win a majority in order to win the office outright; instead, a plurality would suffice,” Foley writes.
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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