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

Filing 66

NOTICE by UNITED STATES OF AMERICA (Perrin, Robin)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) ) v. ) ) JEAN CUNNINGHAM, et al., ) ) Defendants. ) ) __________________________________________)

Case No. 3:08CV709

UNITED STATES' FOURTH NOTICE REGARDING FUTURE RELIEF The United States respectfully notifies the Court that: 1. On November 4, 2009, the United States noted its intent to confer with the

Defendants as to appropriate measures to be adopted to ensure compliance with the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff et seq. (UOCAVA), in future elections. 2. While the parties have conferred in good faith as to these measures, their

discussions have not yet concluded. 3. Further, the Virginia General Assembly has passed bills that include provisions

directly related to UOCAVA voting and that impact the scope of future relief at issue before this Court. Once signed into law, these amendments to the Virginia Code will be subject to administrative review under Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c. 4. Accordingly, the United States has recommenced its discussions with the

Defendants as to what additional future relief is necessary, particularly with respect to training, monitoring, and reporting, to ensure future compliance with UOCAVA, as amended by the

MOVE Act, Pub. L. No. 111-84, §§ 577-589, 123 Stat. 2195, 2318-2335 (2009). The United States shall report to the Court within 30 days of the date the proposed UOCAVA-related amendments become law, or 60 days from the date of this notice, whichever occurs first, as to what additional measures, if any, may be appropriate under the circumstances, including the necessity of Court intervention to bring this litigation to a close. Respectfully submitted, THOMAS E. PEREZ ASSISTANT ATTORNEY GENERAL NEIL H. MACBRIDE UNITED STATES ATTORNEY /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] T. CHRISTIAN HERREN JR REBECCA J. WERTZ RICHARD DELLHEIM (admitted pro hac vice) LEMA BASHIR 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] [e-mail]

CERTIFICATE OF SERVICE I hereby certify that on the 31st day of March 2010, 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 Defendants 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]