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Tag Archives: Elections

EDVA: Voter intimidation, defamation claims survive dismissal (access required)

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 ...

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EDVA: Prosecutor, officer face malicious-prosecution claims (access required)

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 ...

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EDVA: Districts’ black voter thresholds lack justification (access required)

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 ...

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SCV: No error in rejected district “compactness” analysis (access required)

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 ...

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4th Cir.: Appellate fee-shifting reversed in gerrymander case (access required)

Following a 2012 challenge to Virginia’s district lines, U.S. Congress members who intervened and drove extensive appellate litigation were not liable for any of the prevailing plaintiffs’ $1.35 million in attorneys’ fees. Appellate fees also were not shifted to the ...

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