OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Bethune-Hill v. Virginia State Board of Elections

Case Information

Date Filed: December 22, 2014
State: Virginia
Issue: Redistricting
Current Court: U.S. District Court for the Eastern District of Virginia (Case 3:14-cv-00852)

Issue:

Whether Virginia's 2012 congressional redistricting plan constitutes unconstitutional racial gerrymandering

Status:

District Court Opinion issued 10/22/15. Appellants' brief filed 9/7/16. Appellees' brief filed 10/17/16. Appellants' Reply filed 11/16/16. Supreme Court opinion issued 3/1/17. Motion for Attorney Fees filed 7/10/18. Because the Supreme Court has shown an interest in clarifying the test and because this Court’s determinations cut against the Supreme Court’s concern that an analysis be “holistic,” id. at 799, there is a likelihood that Intervenors’ appeal will be heard on the merits and will succeed; Motion to Stay filed 7/25/18. Order and Proceed with Remedial Phases Granted filed 9/14/18. Redistricting plans put forward filed 11/2/18. Report of Special Master filed 12/7/18. Supreme Court appendix filed 12/28/18. Addendum to Special Report filed 12/28/18 and 1/8/19. Motion to Amend Report is denied filed 1/8/19. The special master and the plaintiffs have advised the Court that the Second Report of the Special Master contains errors regarding the compactness scores of certain districts in Peninsula Module 2. Accordingly, the special master is hereby ORDERED to submit a corrected final report filed 2/4/19. The plaintiffs' motion for attorneys' fees and expenses is premature given the case in appeal to the Supreme Court and thus the motion is denied 3/26/19. ORDER. Pursuant to the Court's order entered on October 18, 2018], the Commonwealth of Virginia is directed to render payment in the amount of $126,363.71. Filed 4/5/19. 

 

District Court Documents

U.S. Supreme Court Documents

 

 

Commentary

Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

more commentary...

In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


more EL@M in the news...

Info & Analysis

U.S. District Judge Orders that Individuals Flagged by Georgia Database Can Vote in Midterms

Ruling on the plaintiffs\' emergency motion, a U.S. District Judge ordered that individuals flagged for potential citizenship issues by a Georgia database can still vote in the midterms. The judge\'s order set forth specific ways these indivduals can vote. The case is Georgia Coalition for the People\'s Agenda v. Kemp.

more info & analysis...