Last Updated: December 13, 2016 at 2:47 PM

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

• Complaint (filed 6/11/15)
• Order Setting Pretrial Conference (filed 7/01/15)
• Scheduling Order (filed 7/01/15)
• Consent Order to Extend Time to Respond to Complaint (filed 7/01/15)
• Unopposed Motion for Extension of Time to Respond to Complaint (filed 7/02/15)
• Order Granting In-Part Motion for Extension of Time to Respond to Complaint (filed 7/02/15)
• Plaintiffs' Motion for Extension of Time to File Motion for Joinder of Additional Parties (filed 7/17/15)
• Plaintiffs' Brief in Support of Motion for Extension of Time (filed 7/17/15)
• Commonwealth's Response to Plaintiffs' Motion for Extension of Time (filed 7/20/15)
• Order Granting In-Part Motion for Extension of Time (filed 7/20/15)
• Motion for Leave to Participate as Amicus Curiae and Corporate Disclosure Statement (filed 7/30/15)
• Memorandum in Support of Motion for Leave to Participate as Amicus Curiae (filed 7/30/15)
• Order Permitting PILF to File an Amicus Brief (filed 8/04/15)
• Motion to Intervene of Senator Mark Obenshain, Virginia County Election Officials, and Virginia Voters (filed 8/14/15)
• Memorandum in Support of Motion to Intervene (filed 8/14/15)
• Amended Complaint (filed 8/14/15)
• Defendants' Opposition to Motion to Intervene (filed 8/25/15)
• Plaintiffs' Opposition to Motion to Intervene (filed 8/28/15)
• Answer to Amended Complaint (filed 8/28/15)
• Defendants' Motion to Dismiss Plaintiffs' Amended Complaint (filed 8/28/15)
• Defendants' Memorandum in Support of Their Motion to Dismiss Plaintiffs' Amended Complaint (filed 8/28/15)
• Reply in Support of Motion to Intervene of Senator Mark Obenshain, Virginia County Election Officials and Virginia Voters (filed 9/01/15)
• Initial Pretrial Conference held on 9/03/15 (No Document of Transcript Available)
• Memorandum Opinion (filed 9/04/15)
• Court Order Denying Motion to Intervene and Granting Leave to Participate as Amici Curiae (filed 9/04/15)
• Initial Pretrial Order (filed 9/04/15)
• Plaintiffs' Opposition to Defendants' Motion to Dismiss Plaintiffs' Amended Complaint (filed 9/15/15)
• Motion for Leave to Participate as Amicus Curiae and Corporate Disclosure Statement (filed 9/15/15)
• Memorandum in Support of Motion for Leave to Participate as Amicus Curiae (filed 9/15/15)
• Court Order Granting PILF's Motion for Leave to Participate as Amicus Curiae (filed 9/18/15)
• Joint Motion for Proposed Expert Discovery and Summary Judgment Briefing Schedules (filed 9/18/15)
• Motion for Stay Of Discovery and Motion To Quash (filed 9/25/15)
• Memorandum In Support of Motion for Stay Of Discovery and Motion To Quash (filed 9/25/15)
• CONSENT ORDER: Granting the Parties' Expert Discovery and Summary Judgement Briefing Schedules (filed 9/28/15)
• Plaintiffs' Response In Opposition To Amicus Curiae (filed 10/2/15)
• Reply To Opposition To Brief Amicus Curiae (filed 10/5/15)
• Motion to Quash (filed 10/7/15)
• Memorandum in Support of Motion to Quash (filed 10/7/15)
• Joint Motion For Stipulated Protective Order (filed 10/8/15)
• Stipulated Protective Order (filed 10/9/15)
• Plaintiffs' Memorandum in Opposition to Motion for Stay of Discovery and Motion to Quash (filed 10/9/15)
• Motion to Withdraw Motion To Quash (filed 10/15/15)
• ORDER Referring Case to Magistrate Judge Roderick C. Young (filed 10/15/15)
• Non-Party Reply Memorandum in Support of Motion for Stay of Discovery and Motion to Quash (filed 10/15/15)
• ORDER to Withdraw Motion to Quash (filed 10/16/15)
• MOTION to Compel Discovery by Lee et al (filed 10/19/15)
• Defendants Reposnse in Opposition to MOTION to Compel Discovery (filed 11/02/15)
• Declaration of Matthew J. Davis - AFFIDAVIT in Opposition to MOTION to Compel Discovery (filed 11/02/15)
• REPLY to Response to MOTION to Compel Discovery (filed 11/06/15)
• NOTICE of Voluntary Dismissal of Felon Re-enfranchisement Claims (filed 11/13/15)
• ORDER re: Notice of Voluntary Dismissal of Felon Re-enfranchisement Claims (filed 11/16/15)
• MOTION to Stay, MOTION to Sever by Gonzalo J. Aida Brescia, Democratic Party of Virginia, Barbara H. Lee (filed 11/23/15)
• MOTION to Quash (filed 11/24/15)
• Memorandum in Support of MOTION to Quash (filed 11/24/15)
• ORDER on Plaintiffs' Motion to Compel Discovery (filed 11/30/15)
• Joint MOTION to Stay Non-Party Registrars' Motion to Quash Subpoenas (filed 12/04/15)
• Order Granting Joint Motion to Stay Non-Party Registrars' Motion to Quash Subpoenas (filed 12/08/15)
• Joint Motion to Voluntarily Dismiss Non-Party Registrars' Motion to Quash Subpoenas (filed 12/14/15)
• Order Granting Joint Motion to Dismiss Non-Party Registrars' Motion to Quash Subpoenas (filed 12/15/15)
• Memorandum Opinion (filed 12/18/15)
• Order Granting in Part and Denying in Part Defendants' Motion to Dismiss (filed 12/18/15)
• MOTION for Reconsideration of Dismissal of Counts IV and V of Plaintiffs' Amended Complaint (filed 01/11/16)
• Memorandum in Support of MOTION for Reconsideration (filed 01/11/16)
• RESPONSE in Opposition re MOTION for Reconsideration (filed 01/19/16)
• ORDER granting MOTION for Reconsideration (filed 01/19/16)
• Opposition to Plaintiffs' MOTION to reconsider this court's decision dismissing counts four and five (filed 01/26/16)
• MOTION to Exclude Expert Testimony of Lorraine Minnite (filed 01/27/16)
  • Exhibit A
  • Exhibit B
  • Exhibit C
• REPLY to Response to MOTION for Reconsideration of Dismissal of Counts IV and V of Plaintiffs' Amended Complaint (filed 02/02/16)
• MEMORANDUM ORDER (filed 02/02/16)
• RESPONSE in Opposition to MOTION to Exclude Expert Testimony of Lorraine Minnite (filed 02/05/16)
• Declaration in Support of Response in Opposition to Motion to Exclude Expert Testimony of Lorraine Minnite (filed 02/05/16)
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
• Defandants' MOTION for Partial Summary Judgment (filed 02/05/16)
• Memorandum in Support of MOTION for Partial Summary Judgment (filed 02/05/16)
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit F
• Memorandum Opinion (filed 02/10/16)
• ORDER denying Defendants' Motion to Exclude Expert Testimony of Lorraine Minnite (filed 02/10/16)
• Plaintiffs' Witness List (filed 02/11/16)
  • Exhibit A
• Plaintiffs' Exhibit List (filed 02/12/16)
  • Exhibit A
• Defendants' Witness List (filed 02/12/16)
• Defendants' Exhibit List (filed 02/12/16)
  • Exhibit 1
• Statement of Undisputed Facts (filed 02/15/16)
• Plaintiffs' MOTION to Exclude the Testimony of Witnesses Disclosed After the Deposition Deadline (filed 02/16/16)
• Memorandum in Support of MOTION to Exclude the Testimony of Witnesses (filed 02/16/16)
• Defendants' MOTION to Strike Undisclosed Witnesses (filed 02/16/16)
• Defendants' Memorandum in Support of MOTION to Strike Undisclosed Witnesses (filed 02/16/16)
• Plaintiffs' opposition to MOTION in Limine To Exclude Evidence Of Non-Contemporaneous History (filed 02/16/16)
• Plaintiffs' Objections to Defendants' Exhibit List (filed 02/17/16)
  • Exhibit
• TRIAL BRIEF for amici curiae (filed 02/17/16)
• Defendants' Objections to Plaintiffs' Exhibit (filed 02/17/16)
  • Exhibit
• Plaintiffs' proposed Findings of Fact (filed 02/17/16)
• Defendants' proposed Findings of Fact (filed 02/17/16)
• ORDER denying Motion to Exclude and denying Motion to Strike (filed 02/17/16)
• ORDER that the Court finds Proposed Final Pretrial Order is in compliance with the Initial Pretrial Order and deems it entered (filed 02/19/16)
• RESPONSE in Opposition to MOTION to Exclude the Testimony of Witnesses Disclosed After the Deposition Deadline (filed 02/19/16)
• Summaries of Testimony re: Defendants Witness List (filed 02/21/16)
• Defendants' Revised Exhibit List (filed 02/21/16)
  • Exhibit
• Plaintiffs' Second Amended Exhibit List (filed 02/22/16)
  • Exhibit
• Minute Entry for proceedings held on 02/25/16
• Minute Entry for proceedings held on 02/26/16
• NOTICE of Stipulation Regarding Authenticity and Admissibility of Emails Received by Plaintiffs in Discovery (filed 03/01/16)
• Minute Entry for proceedings held on 03/02/16
• ORDER (filed 03/03/16)
• Joint Post Trial Exhibit List (filed 03/11/16)
• ORDER re: Joint Post Trial Exhibit List (filed 03/11/16)
• Plaintiffs' Memorandum Post-Trial Brief (filed 03/25/16)
  • Appendix A
• Defendants' Post-Trial Brief (filed 03/25/16)
  • Text of Voter ID Laws
  • Acceptable forms of ID for voting by state
  • "Affected Voter" summary
• Plaintiffs' Post-Trial Rebuttal Brief (filed 04/06/16)
• Defendants' Post-Trial Rebuttal Brief (filed 04/07/16)
  • Appendix A
• NOTICE of Filing of Appendix of Exhibits Cited in Plaintiffs' Post-Trial Rebuttal Brief (filed 04/07/16)
• Defendants' NOTICE of Supplemental Authority (filed 04/27/16)
  • Supplemental Authority
• Notice of Plaintiffs' Response to Defendants' Notice of Supplemental Authority (filed 05/04/16)
• MOTION for Costs Incurred Responding to Subpoena (filed 05/16/16)
• Memorandum of Points and Authorities to MOTION for Costs Incurred Responding to Subpoena (filed 05/16/16)
  • Exhibits 1-4
• AFFIDAVIT in Support re: MOTION for Costs Incurred Responding to Subpoena (filed 05/16/16)
• Opinion Upholding Virginia Voter ID Law (filed 05/19/16)
• Final Order (filed 05/19/16)
• Notice of Appeal (filed 05/25/16)
• Bill of Costs (filed 05/31/16)
• Declaration re: Bill of Costs (and Exhibits) (filed 05/31/16)
• Response in Opposition re: Motion for Costs Incurred (and Exhibits) (filed 06/03/16)
• Consent Motion (filed 06/07/16)
  • Proposed Order
• Order granting Motion to Defer Consideration and Briefing of Defendants' (filed 06/08/16)
• Reply to Response to Motion for Costs Incurred (filed 06/09/16)
• Order Regarding Costs (filed 9/2/16)

 

Fourth Circuit Court of Appeals Documents

• Appellants' Brief (filed 7/5/16)
• Joint Appendix (filed 7/5/16)
• Appellees' Brief (filed 8/5/16)
• Amicus Brief of Judical Education Project and Virginia Election Officials (filed 8/15/16)
• Notice of Supplemental Authority (filed 8/16/16)
• Appellants' Reply Brief (filed 8/19/16)
• Oral Argument Held 9/22/16
• Opinion Upholding Voter ID Law (filed 12/13/16)