CASE SUMMARY

On June 8, 2022, a Virginia voter filed a federal lawsuit against the Commissioner of Virginia’s Department of Elections and the Chairman of Virginia’s Board of Elections alleging the 2021 election for the Virginia House of Delegates was held using districts that were malapportioned in violation of the 14th Amendment’s Equal Protection Clause, thereby violating his right to an equally weighted vote. Plaintiff, a voter in an overpopulated House district, cited a relevant 1981 federal court decision and a federal court’s recent dismissal of a similar case, Goldman v. Brink, on standing grounds, in support of his own standing and asked the court to order a special House of Delegates election be held concurrently with the 2022 general election under the state’s new, properly apportioned plans.

  • On August 1, 2022, the U.S. District Court for the Eastern District of Virginia dismissed the plaintiff’s claims for lack of standing, citing traceability and redressability issues. The court explains the events giving rise to plaintiff’s injuries – the COVID-19 pandemic and delayed release of 2020 Census data – were not caused by the defendants’ actions and neither the court nor the defendants had any authority to provide the special election remedy sought here.

Related Case: Goldman v. Brink

CASE LIBRARY

U.S. District Court for the Eastern District of Virginia, Richmond Division - No. 3:22-cv-427