McCain-Palin 2008, Inc. v. Cunningham et al

Filing 19

MOTION for Preliminary Injunction by UNITED STATES OF AMERICA. (Perrin, Robin)

McCain-Palin 2008, Inc. v. Cunningham et al

Doc. 19

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MCCAIN-PALIN 2008, INC., ) ) Plaintiff, ) ) ) v. ) ) JEAN CUNNINGHAM, ) Chairman, Virginia State Board of Elections; ) HAROLD PYON, Vice-Chairman, Virginia State ) Board of Elections; and NANCY RODRIGUES, ) Secretary, Virginia State Board of Elections, ) ) Defendants. ) ) __________________________________________)

Case No. 3:08CV709

MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION Plaintiff United States of America, pursuant to Rule 65 of the Federal Rules of Civil Procedure, seeks immediate injunctive relief against Defendants in order to enforce the right of absent uniformed services and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act of 1986, 42 U.S.C. §§ 1973ff to 1973ff-6 ("UOCAVA" or "the Act"), to vote by absentee ballot in the November 4, 2008, general federal election. On November 14, 2008, Plaintiff United States of America filed a Complaint in Intervention alleging violations of UOCAVA arising from Defendants' failure to provide certain eligible absent uniformed services voters and overseas voters ("UOCAVA voters") with sufficient opportunity to participate in the November 4, 2008 general election. The United States filed this action to intervene in the case McCain-Palin 2008, Inc. v. Cunningham, et al, 3:08cv709.

Dockets.Justia.com

Pursuant to Fed. R. Civ. P. 65, the United States hereby moves for a Preliminary Injunction and Temporary Restraining Order that requires Defendants to take such steps as are necessary to ensure that Virginia election officials count as validly cast ballots any absentee ballots from UOCAVA voters that were executed by November 4, 2008 and are received by 7:00 p.m. on November 14, 2008, provided that they otherwise satisfy the requirements of Virginia law. The basis for the United States' Motion is set forth in the accompanying Memorandum. Respectfully submitted, GRACE CHUNG BECKER Acting Assistant Attorney General DANA J. BOENTE Acting United States Attorney By: _________/s/____________________ Robin E. Perrin Virginia State Bar No. 65825 Assistant United States Attorney United States Attorney's Office 600 East Main Street, Suite 1800 Richmond, Virginia 23219 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

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CHRISTOPHER COATES Chief, Voting Section REBECCA J. WERTZ Principal Deputy Chief ALBERTO RUISANCHEZ LEMA BASHIR Trial Attorneys United States Department of Justice Civil Rights Division, Voting Section 950 Pennsylvania Ave., NW Room NWB-7254 Washington, D.C. 20530 Phone: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail]

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CERTIFICATE OF SERVICE I hereby certify that on the 14th day of November, 2008, I will electronically file the foregoing with the Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to the following counsel of record:

Robert A. Dybing [e-mail] Attorney for the Defendant Stephen Charles Piepgrass [e-mail] Attorney for the Plaintiff

By:

/s/
_______________________

Robin E. Perrin Virginia State Bar No. 65825 Assistant United States Attorney United States Attorney's Office 600 East Main Street, Suite 1800 Richmond, Virginia 23219 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

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