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Election Law @ Moritz


Litigation

 

League of Women Voters of Virginia v. Virginia State Board of Elections

Case Information

Date Filed: April 17, 2020
State: Virginia
Issue: Absentee Ballots
Current Court: United States District Court for the Western District of Virginia (Case 6:20-cv-00024-NKM )

Issue:

Plaintiffs are challenging Virginia's witness and signature requirement for absentee voting.  

Status:

Complaint filed 4/17/20. Motion for preliminary injunction by League of Women Voters of Virginia 4/21/20. Memorandum opinion granting in part and denying in part Republican Party of Virginia's motion to intervene 4/30/20. Order granting joint motion to approve consent judgment 5/5/20. Answer to complaint 5/11/20. Case reffered to magistrate judge Robert S. Ballou 5/14/20.  

District Court Documents

  • Complaint For Injunctive Relief pdf file (4/17/20)
  • Motion For Preliminary Injunction By League Of Women Voters Of Virgina pdf file (4/21/20)
  • Brief / Memorandum In Support re Motion For Preliminary Injunction pdf file (4/21/20)
  • Exhibit A - Reingold Declaration pdf file (4/21/20)
  • Exhibit B - Iles Declaration pdf file (4/21/20)
  • Exhibit C - Rosborough Declaration pdf file (4/21/20)
  • Exhibit D - Goff Declaration pdf file (4/21/20)
  • Exhibit E - Toogood Declaration pdf file (4/21/20)
  • Exhibit F - Wake Declaration pdf file (4/21/20)
  • First Motion to Intervene by Sheila DeLappe pdf file (4/23/20)
  • Brief / Memorandum In Support re 22 First Motion To Intervene pdf file (4/23/20)
  • Motion To Intervene By Republican Party Of Virginia pdf file (4/24/20)
  • Exhibit A pdf file (4/24/20)
  • Exhibit B pdf file (4/24/20)
  • Brief / Memorandum In Support re MOTION To Intervene pdf file (4/24/20)
  • Joint Motion To Approve Consent Judgment pdf file (4/27/20)
  • Exhibit A Proposed Partial Consent Judgement pdf file (4/27/20)
  • Joint Brief / Memorandum In Support re Joint Motion To Approve Consent Judgment pdf file (4/27/20)
  • First Brief / Memorandum In Opposition re 17 Brief / Memorandum in Support, 16 Motion for Preliminary Injunction pdf file (4/28/20)
  • Motion For Leave To File Responsive Brief, re 35 Joint Motion To Approve Consent Judgment pdf file (4/28/20)
  • Brief / Memorandum In Opposition To Republican Party Of Virginia's Motion To Intervene pdf file (4/28/20)
  • Exhibit A - Veasey v. Perry Order Denying Intervention pdf file (4/28/20)
  • United States v. Florida Order Denying Intervention pdf file (4/28/20)
  • Brief / Memorandum In Opposition Re 16 MOTION For Preliminary Injunction Filed By The Republican Party Of Virginia pdf file (4/28/20)
  • Exhibit A Declaration Of Mildred H. Scott pdf file (4/28/20)
  • Exhibit B Declaration Of Thomas N. Turner pdf file (4/28/20)
  • Brief / Memorandum In Opposition Filed By PILF And Landmark Legal Foundation As Amicus Curiae pdf file (4/28/20)
  • Exhibit #1 pdf file (4/28/20)
  • Exhibit #2 pdf file (4/28/20)
  • Brief / Memorandum In Opposition To Republican Party Of Virginia's Motion To Intervene pdf file (4/28/20)
  • Reply re 40 Brief / Memorandum In Opposition, 49 Brief / Memorandum In Opposition, 22 First Motion To Intervene , 23 Brief / Memorandum In Support pdf file (4/29/20)
  • Reply To Response To Motion re 28 MOTION To Intervene pdf file (4/29/20)
  • Order Denying 22 First Motion To Intervene By Sheila DeLappe pdf file (4/29/20)
  • Order Granting In Part And denying In Part 28 Motion To Intervene By Republican Party Of Virginia, Inc., Vincent E. Falter, Mildred H. Scott, And Thomas N. Turner, Jr pdf file (4/29/20)
  • Brief / Memorandum In Opposition re 35 Joint Motion To Approve Consent Judgment pdf file (4/30/20)
  • Declaration In Support Of Authenticity Of Exhibits pdf file (4/30/20)
  • Exhibit A pdf file (4/30/20)
  • Exhibit B pdf file (4/30/20)
  • Exhibit C pdf file (4/30/20)
  • Memorandum Opinion re Order Denying Delappe's Motion To Intervene pdf file (4/30/20)
  • Memorandum Opinion re Order Granting In Part And Denying In Part Republican Party Of Virginia's Motion To Intervene pdf file (4/30/20)
  • Reply re 16 Motion For Preliminary Injunction pdf file (5/1/20)
  • Exhibit A - 7th Cong. Dist. Repub. Comm. Verified Complaint pdf file (5/1/20)
  • Exhibit B - RPV Unopposed Mot And Consent Order To Extend Temp Injunction pdf file (5/1/20)
  • Exhibit C - Order In Paher v Cegavske pdf file (5/1/20)
  • Reply re 35 Joint Motion To Approve Consent Judgment pdf file (5/1/20)
  • Exhibit A - ACLU Of VA Apr. 15 Ltr To VBOE pdf file (5/1/20)
  • Proposed Findings Of Fact By Republican Party Of Virginia, Inc pdf file (5/1/20)
  • Reply In Support Of 35 Joint Motion For Entry Of Partial Consent Judgment And Decree, ISO Consent Decree Filed By Robert H. Brink pdf file (5/1/20)
  • Exhibit A pdf file (5/1/20)
  • Exhibit B pdf file (5/1/20)
  • Exhibit C pdf file (5/1/20)
  • Exhibit D pdf file (5/1/20)
  • Exhibit E pdf file (5/1/20)
  • Exhibit F pdf file (5/1/20)
  • Order Granting 35 Joint Motion to Approve Consent Judgment pdf file (5/5/20)
  • Memorandum Opinion re: Order Granting 35 Joint Motion pdf file (5/5/20)
  • Answer To Complaint pdf file (5/11/20)
  • Case Referred To Magistrate Judge Robert S. Ballou As Set Forth Herein pdf file (5/14/20)
  • Amended Complaint For Injunctive And Declaratory Relief Against Virginia State Board Of Elections, Robert H. Brink, John O'Bannon, Jamilah D. LeCruise, And Christopher E. Piper pdf file (6/19/20)
  • 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.

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    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. 


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    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

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