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1 Extending Voter Registration because of a Website Crash 1 (2020)

handle is hein.congcourts/fjext0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Extending Voter Registration Because of a Website Crash New Virginia Majority Education Fund v. Virginia Department of Elections (Claude M. Hilton, 1:16-cv-1319) and New Virginia Majority Education Fund v. Virginia Department of Elections (John A. Gibney, Jr., 3:20-cv-801) (E.D. Va.) On the last day of voter registration in 2016, a commonwealth's online registration website crashed, and commonwealth officials had no authority to extend the registration deadline as a remedy. Two organizations and two prospective voters filed a federal com- plaint, and the district judge granted a brief extension to voter reg- istration, to which state officials agreed. Again in 2020, a federal district judge granted a registration extension because the website crashed on the last day of registration. Subject: Registration procedures. Topics: Registration procedures; voting technology. In 2016 and in 2020, Virginia's voter registration website crashed on the last day of registration, and Virginia's election officials needed a court order to extend the registration deadline. 2016 Heavy use of Virginia's online voter registration site on Monday, October 17, 2016, the deadline for the November 8 general election, caused the system to crash temporarily.1 On October 18, two organizations and two prospective voters who were unable to register because of the crash filed a federal com- plaint in the Eastern District of Virginia's Alexandria courthouse against state election officials asking the court to order reopening of online voter registration in Virginia for three days.2 With their complaint, the plaintiffs filed an emergency motion for a preliminary injunction.3 On October 19, Judge Claude M. Hilton set the case for hearing on Thursday morning, October 20.4 According to news media, Gov. Terry McAuliffe said Wednesday he agreed with the lawsuit's request to extend voter registration and had asked Attorney General Mark Herring to reach 1. See Graham Moomaw, Suit: Extend Va.'s Voter Registration, Richmond Times- Dispatch, Oct. 19, 2016, at IA. 2. Complaint, New Va. Majority Educ. Fund v. Va. Dep't of Elections, No. 1:16-cv-1319 (E.D. Va. Oct. 18, 2016), D.E. 1; see Moomaw, supra note 1; Laura Vozzella, Lawsuit Filed to Extend Va.'s Voter Registration, Wash. Post, Oct. 19, 2016, at B1; Patrick Wilson, Group Files Lawsuit Against Virginia Election Officials Over Voter Registration Crash, Norfolk Virginian- Pilot, Oct. 20, 2016, at 4. 3. Preliminary Injunction Motion, New Va. Majority Educ. Fund, No. 1:16-cv-1319 (E.D. Va. Oct. 18, 2016), D.E. 3. 4. Docket Sheet, id. (Oct. 18, 2016). Federal Judicial Center 10/19/2020 1

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