This database consolidates and tracks litigation concerning the effect of the pandemic on election law. The purpose of this tool is to provide an interactive list of relevant cases that can be searched by issue, court, status, and jurisdiction.
Gary v. Virginia Department of Elections
Gary v. Virginia Department of Elections, No. 1:20-cv-00860 (E.D. Va.)
|Case Summary||Plaintiffs--blind/visually-impaired registered voters, National Federation of the Blind of Virginia, and American Council of the Blind of Virginia, Inc.--sued Virginia Department of Elections ("VA DOE"), Virginia State Board of Elections, and officers of those organizations for violating the ADA by failing to implement a readily available remote accessible vote-by-mail system. The Plaintiffs also alleged violation of section 504 of the Rehabilitation Act of 1973 and violations of various VA disability statutes (Va. Code sections 51.5-43, 51.5-40.1) for the same conduct. Plaintiffs requested injunctive relief requiring defendants to offer a private and independent method of absentee voting accessible for people with print disabilities in time for use by voters in all future elections.|
|Type of Court||Federal|
|Issue Tag(s)||Vote-by-Mail (Failure to Provide Vote-by-Mail Accommodations for Voters with Disabilities)|
|Complaint(s)||07/27/2020: Complaint filed.|
|Dispositive Ruling(s)||08/28/2020: Order/Ruling, This partial consent decree requires Defendants to make available a tool allowing print disabled voters to electronically and accessibly receive and mark absentee ballot technology, provide instructions with absentee ballots and other notices to voters to alert them of this options, and make the existence of the option generally known to the public.|