On February 16, 2010, Project Vote, a nonprofit organization working to mobilize underrepresented voters, brought suit in the U.S. District Court for the District of Eastern Virginia against the state of Virginia. The plaintiffs sought declaratory and injunctive relief, alleging that the state's refusal to turn over certain voting records violated the rights granted to them under the National Voter Registration Act.

At the district level, arguments focused on whether Project Vote had appropriate standing and whether voter registration applications were accessible under the NVRA's public disclosure provision. The District Court (Judge Rebecca Smith) denied the state's motion to dismiss, finding in favor of the plaintiffs on each of those points (752 F.Supp.2d 697). Using the same logic, the District Court later granted a motion for summary judgment brought by the plaintiffs (813 F.Supp.2d 738), but also granted a stay pending appeal, holding that the defendant's and the public's injury without a stay outweighed the plaintiff's interest in immediate access to the records (275 F.R.D. 473).

The Fourth Circuit upheld the District Court's ruling, holding that voter registration applications were covered by the NVRA's general disclosure mandate (682 F.3d 331). On remand, the District Court determined appropriate attorney's fees (887 F.Supp.2d 704) and held that the injunction became effective on the day that the case was decided (889 F.Supp.2d 778).

Jonathan Forman - 06/23/2013


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