HARPER v. VIRGINIA STATE BOARD OF ELECTIONS

Civ. A. Nos. 3253, 3346.

240 F.Supp. 270 (1964)

Annie E. HARPER et al., Plaintiffs, v. VIRGINIA STATE BOARD OF ELECTIONS et al., Defendants. Mrs. Evelyn BUTTS, Plaintiff, v. Albertis HARRISON, Governor, et al., Defendants.

United States District Court E. D. Virginia, at Alexandria.

Decided November 10, 1964.


Attorney(s) appearing for the Case

J. A. Jordan, Jr., Norfolk, Va., Len W. Holt, Washington, D. C., and Max Dean and Robert L. Segar, Flint, Mich., for plaintiffs in No. 3346.

Ira M. Lechner and Allison W. Brown, Jr., Washington, D. C., and Philip Schwartz, Arlington County, Arlington, Va., for plaintiffs in No. 3253.

Robert Y. Button, Atty. Gen. of Virginia, and Richard N. Harris, Asst. Atty. Gen. of Virginia, Richmond, Va., for defendants Virginia State Board of Elections in No. 3253 and for Albertis Harrison, Governor, in No. 3346.

Donald C. Crounse, Asst. Commonwealth's Atty., Fairfax County, Va., for Electoral Board of Fairfax County and Waneta M. Buckley, General Registrar of Fairfax County, Va., in No. 3253.

Alfred W. Whitehead, Commonwealth's Atty., City of Norfolk, Norfolk, Va., for Mary Dudley, City Registrar, City of Norfolk, Alex H. Bell, City Treasurer, City of Norfolk, and William Prieur, Clerk, Corporation Court, City of Norfolk, in No. 3346.

Before BRYAN, Circuit Judge, and LEWIS and BUTZNER, District Judges.


PER CURIAM:

Poll tax payment as a prerequisite to voting in State and local elections, exacted by the Constitution and statutes of Virginia,1 is attacked in these two consolidated actions as violative of the no-abridgment and equal protection commands of the Federal Fourteenth Amendment. A corollary attack is made upon the provision of the State constitution excluding "paupers" as persons entitled to vote in any election.

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