Where plaintiffs claim that the requirements to be placed on the ballot for the 2020 Richmond mayoral election place a “severe” burden on plaintiff candidate’s “voting, associational and expressive rights guaranteed by the First Amendment” in light of restrictions imposed ...

Tagged with: Elections Judge Joi Jeter-Taylor Richmond Circuit Court Virginia Circuit Courts

Where Code § 24.2-510 requires political committees to complete their nominations by the second Tuesday in June, and executive orders issued in response to the COVID-19 pandemic make it unlikely that plaintiff can hold a timely nominating convention, the court ...

Tagged with: Elections Judge Bradley B. Cavedo Richmond Circuit Court Virginia Circuit Courts

Where plaintiff, a Republican candidate in Virginia for the U.S. Senate, alleges that the commonwealth’s guidelines to prevent the spread of COVID-19 are unconstitutional as applied to him because they interfered with his ability to obtain the requisite number of ...

Tagged with: Elections Judge William R Marchant Richmond County Circuit Court Virginia Circuit Courts

At least three elected prosecutors in Northern Virginia this year are facing opponents promising new approaches to criminal law. Contests are underway in Fairfax, Arlington and Loudoun counties, while observers watch to see what happens in Prince William County, where ...

Tagged with: Elections Prosecutors

A photographer sufficiently stated a claim against Congressman Tom Garrett and his 2016 campaign for the unauthorized use of a photo depicting people crossing the U.S. border with Mexico, a U.S. district court held. Background Plaintiff and photographer Todd Bigelow ...

Tagged with: Civil Practice Copyright Elections Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Two publications purporting to reveal widespread voter fraud have given rise to a viable lawsuit. The published materials (called Alien Invasion I and II) allegedly reported falsely that specific individuals, identified by name and other personal information, had registered and/or voted illegally in ...

Tagged with: Civil Rights Constitutional Defamation Elections Judge Liam O'Grady Personal Injury Tort U.S. District Court - Eastern District

An unsuccessful candidate for county sheriff sufficiently stated claims for malicious prosecution by a commonwealth’s attorney and a state police officer. The plaintiff said they conspired to prosecute him for election fraud with no evidence to support the charge. Background ...

Tagged with: Civil Rights Elections Judge John A. Gibney Jr. Municipal Search & Seizure Tort U.S. District Court - Eastern District

Race predominated over traditional districting factors in construction of 11 challenged Virginia House of Delegates districts. This use of race was not narrowly tailored to achieve the interest of complying with the Voting Rights Act. Thus, the district divisions are ...

Tagged with: Civil Rights Constitutional Elections Equal Protection Judge Barbara Milano Keenan Judge Panel U.S. District Court - Eastern District

The circuit court did not err in confirming the constitutional validity of Virginia General Assembly legislative districts, which the plaintiffs alleged were drawn in violation of Virginia’s constitutional compactness requirement. Background The plaintiffs seek a declaratory judgment that the “State ...

Tagged with: Constitutional Elections Evidence Justice S. Bernard Goodwyn Supreme Court of Virginia

The statutory process for removing elected office-holders requires signatures under penalty of perjury from registered voters numbering at least 10 percent of the number voting in the previous election. Background On May 6, 2016, voters of Montgomery County filed a ...

Tagged with: Elections Justice S. Bernard Goodwyn Supreme Court of Virginia