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Litigating a Close Election

Robert Timothy Reagan
July 15, 2019
Available Online Only

Joshua Cole for Delegate v. Virginia State Board of Elections (Claude M. Hilton, 1:17-cv-1295) and Lecky v. Virginia State Board of Elections (T.S. Ellis III, 1:17-cv-1336) (E.D. Va.)
In an election that would narrowly determine which party controlled the state legislature, a district judge denied a motion to order the counting of absentee ballots that were delivered late, allegedly because of postal service error. A second district judge declined to enjoin certification of a close election after it had been discovered that hundreds of voters were given ballots for a different district.
Subject: Voting irregularities. Topics: Election errors; absentee ballots; enjoining certification; intervention; presiding remotely.

One of many Case Studies in Emergency Election Litigation.