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 challenging the 2021 Virginia House of Delegates election as violating his constitutional rights. The plaintiff asserts that the Virginia House of Delegates districts used in the 2021 election were unconstitutionally malapportioned in violation of the one person, one vote requirement under the 14th Amendment's Equal Protection Clause, thereby violating his constitutional right to an equally weighted vote. Citing a relevant 1981 federal court decision and a federal district court's recent dismissal of a substantially similar case, Goldman v. Brink, on standing grounds, the plaintiff asserts he has standing to bring this suit as a voter residing in an overpopulated House district in 2021 and is asking the court to order a special House of Delegates election be held at the time of the 2022 general elections using the State's new, constitutionally apportioned redistricting plan.

Related Case: Goldman v. Brink

CASE LIBRARY

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