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1 Robert Timothy Reagan, Litigating a Close Election 1 (2018)

handle is hein.congcourts/fjclce0001 and id is 1 raw text is: 

CASE STUDIES IN EMERGENCY ELECTION LITIGATION


                    Litigating a Close Election
    Joshua   Cole for Delegate   v. Virginia State  Board  of Elections
                    (Claude  M.  Hilton,  1:17-cv-1295)
            and  Lecky   v. Virginia State  Board  of Elections
                 (T.S. Ellis III, 1:17-cv-1336)  (E.D. Va.)
        In an election that would narrowly determine which party con-
        trolled the state legislature, a district judge denied a motion to order
        the counting of absentee ballots that were delivered late, allegedly
        because of postal service error. A second district judge declined to
        enjoin certification of a close election after it had been discovered
        that hundreds of voters were given ballots for a different district.
           Subject: Voting procedures. Topics: Election errors; absentee
       ballots; enjoining certification; intervention; presiding remotely.
On  the day after the November  7, 2017, general election in Virginia, control
of the commonwealth's house of delegates would depend on resolution of
four races too close to call, including the race for District 28's delegate.
Suit by the Candidate
One  week  after the election, a delegate campaign for District 28 filed a federal
complaint  in the Eastern District of Virginia's Alexandria courthouse seeking
the counting of 55 absentee ballots that were delivered to the Stafford County
Registrar on the day after the election because of alleged errors by the postal
service.2 With its complaint, the  campaign  filed an emergency   injunction
motion.' The  commonwealth's Republican Party moved to intervene on the
following day in opposition to the complaint.'
    At a November   17 hearing, Judge Claude M.  Hilton granted intervention
over the campaign's  objection.' Judge Hilton  also denied the campaign   re-
lief.6


   1. See Fenit Nirappil, Democratic Victories Could Upend Control of Virginia House,
Wash. Post, Nov. 8, 2017, at A7; see also Fenit Nirappil, Undecided Races Leave Control of
Va. House in Limbo, Wash. Post, Nov. 9, 2017, at BI.
   2. Complaint, Joshua Cole for Delegate v. Va. State Bd. of Elections, No. 1:17-cv-1295
(E.D. Va. Nov. 14, 2017), D.E. 1; see Graham Moomaw, Democratic Caucus Files Suit Over
Absentee Ballots, Richmond Times Dispatch, Nov. 16, 2017, at IB; Laura Vozzella, Demo-
crats Sue Over Uncounted Va. Ballots, Wash. Post, Nov. 16, 2017, at BI (By a 2-to-i vote,
Stafford's electoral board agreed on Tuesday not to count them.).
   3. Emergency Injunction Motion, Joshua Cole for Delegate, No. 1:17-cv-1295 (E.D. Va.
Nov. 14, 2017), D.E. 2; Emergency Injunction Motion Brief, id. (Nov. 14, 2017), D.E. 3.
   4. Intervention Motion, id. (Nov. 15, 2017), D.E. 11; Intervention Brief, id. (Nov. 15,
2017), D.E. 12; Opposition Brief, id. (Nov. 16, 2017), D.E. 14; see Jeff Branscome, Thomas
Pushes Back on Vote Suit, Fredericksburg Free Lance-Star, Nov. 17, 2017, at 1A.
   5. Transcript at 4-5, Joshua Cole for Delegate, No. 1:17-cv-1295 (E.D. Va. Nov. 17, 2017,
filed Dec. 5, 2017), D.E. 26 [hereinafter Joshua Colefor Delegate Transcript]; Order, id. (Nov.
17, 2017), D.E. 21 [hereinafter Joshua Cole for Delegate Order]; Minutes, id. (Nov. 17, 2017),
D.E. 18.


Federal Judicial Center 5/15/2018


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