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LEE v. VIRGINIA STATE BD. OF ELECTIONS

No. 16-1605.

843 F.3d 592 (2016)

Barbara H. LEE; Gonzalo J. Aida Brescia; Democratic Party of Virginia, Plaintiffs-appellants, v. VIRGINIA STATE BOARD OF ELECTIONS; James B. Alcorn, in his capacity as Chairman of the Virginia State Board of Elections; Dr. Clara Belle Wheeler, in her capacity as Vice-Chair of the Virginia State Board of Elections; Singleton B. McAllister, in her capacity as Secretary of the Virginia State Board of Elections; Virginia Department of Elections; Edgardo Cortes, in his capacity as Commissioner of the Virginia Department of Elections, Defendants-Appellees. Virginia Election Officials and Voters; Judicial Education Project, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 13, 2016.

Attorney(s) appearing for the Case

ARGUED: Bruce Van Spiva , PERKINS COIE LLP, Washington, D.C., for Appellants. Mark Fernlund Hearne, II , ARENT FOX LLP, St. Louis, Missouri, for Appellees. ON BRIEF: Marc E. Elias , Elisabeth C. Frost , Amanda R. Callais , Washington, D.C., Joshua L. Kaul , PERKINS COIE LLP, Madison, Wisconsin, for Appellants. Dana J. Finberg , Sara T. Schneider , San Francisco, California, Kirsten Hart , Los Angeles, California, Stephen S. Davis , ARENT FOX LLP, Clayton, Missouri, for Appellees. Michael A. Carvin , Anthony J. Dick , Stephen A. Vaden , JONES DAY, Washington, D.C., for Amici Curiae.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Shedd and Judge Agee joined.

The plaintiffs challenge Virginia Code § 24.2-643(B), the voter identification law enacted as part of "SB 1256." 2013 Va. Acts ch. 725. They allege that the statutory requirement that voters present photo identification when they vote or shortly thereafter violates the Voting Rights Act of 1965 and the Constitution...

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