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1 No Immediate Relief from Expanded Absentee Voting Opportunities during an Infectious Pandemic because of Delay in Bringing the Case 1 (2021)

handle is hein.congcourts/fjcnimrex0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION No Immediate Relief from Expanded Absentee Voting Opportunities During an Infectious Pandemic Because of Delay in Bringing the Case Curtin v. Virginia State Board of Elections (Rossie D. Alston, Jr., E.D. Va. 1:20-cv-546) Because of the COVID-19 global infectious pandemic, Virginia vot- ers were permitted to vote absentee on account of disability. A suit challenging broad absentee voting rights as diluting plaintiffs' vot- ing rights did not result in immediate relief, because the suit was brought about two months after the guidelines became public. After the preliminary injunction decision, plaintiffs voluntarily dismissed the case. Subject: Absentee and early voting. Topics: Absentee ballots; COVID-19; laches; primary election; case assignment; recusal; early voting. Six voters filed a federal complaint in the Eastern District of Virginia on May 13, 2020, challenging Virginia's election officials' decision to regard the health risks arising from the global infectious COVID-19 pandemic as providing voters with a disability justifying absentee voting in a June 23 pri- mary election (postponed because of the pandemic from June 9).1 With their complaint, the voters filed a motion for a preliminary injunction to curtail absentee voting,2 a motion to expedite consideration of the motion (propos- ing a hearing on May 22 and resolution by the court on May 26),3 and a mo- tion to consolidate consideration of the injunction motion with resolution of the case.4 Two days later, the voters filed notice of a May 22 hearing.' A day after the case was filed, it was reassigned from Judge Leonie M. Brinkema to Judge T.S. Ellis III, and then to Judge Rossie D. Alston, Jr.6 Four days before the noticed hearing date, Judge Alston ordered briefing concluded by May 22 at 5:00 p.m. and notice to the court by 5:00 p.m. on the day of Judge Alston's order whether the parties intended to proceed with a hearing by teleconference or videoconference.' On May 21, Judge Alston set 1. Complaint, Curtin v. Va. State Bd. of Elections, No. 1:20-cv-546 (E.D. Va. May 13, 2020), D.E. 1; Curtin v. Va. State Bd. of Elections, 463 F. Supp. 3d 653, 656-60 (E.D. Va. 2020); see Justin Mattingly & Andrew Cain, Virginia Officials Prepare for Surge in Mail-In Voting After Municipal Elections, Richmond Times-Dispatch, May 24, 2020, at 2A. 2. Preliminary Injunction Motion, Curtin, No. 1:20-cv-546 (E.D. Va. May 13, 2020), D.E. 3. 3. Motion to Expedite, id. (May 13, 2020), D.E. 5. 4. Consolidation Motion, id. (May 13, 2020), D.E. 6. 5. Notice, id. (May 15, 2020), D.E. 15. 6. Docket Sheet, id. (May 13, 2020). Tim Reagan interviewed Judge Alston for this report by telephone on October 20, 2020. 7. Order, Curtin, No. 1:20-cv-546 (E.D. Va. May 17, 2020), D.E. 17; see Curtin, 463 F. Supp. 3d at 657. Federal Judicial Center 1/23/2021 I

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