Lux v. Judd

868 F. Supp. 2d 519, 2012 WL 2192237, 2012 U.S. Dist. LEXIS 83009
District Court, E.D. Virginia·Decided June 14, 2012·No. Civil Action No. 3:10CV482-HEH·Published·Cited by 5 cases

Opinion

MEMORANDUM OPINION

(Plaintiffs Motion for Attorneys’ Fees)

HENRY E. HUDSON, District Judge.

On February 8, 2012, this Court deemed unconstitutional, and permanently enjoined the Virginia State Board of Elections from enforcing, that portion of Virginia Code § 24.2-506 which imposed a district residency requirement for persons circulating petitions on behalf of independent candidates for the U.S. House of Representatives. On March 7, 2012 — exactly four weeks after the Court’s entry of summary judgment in Plaintiffs favor — the Virginia General Assembly amended § 24.2-506 to repeal the statute’s infirm provision. The case now comes before the Court on Plaintiffs Motion for Attorneys’ Fees. Having secured declaratory and injunctive relief in the underlying litigation, Plaintiff seeks reimbursement as a “prevailing party” under 42 U.S.C. § 1988 for the fees and costs he incurred in this matter.

The central question presented is whether the voluntary action of the Virginia legislature, which effectively made enforcement of this Court’s judgment unnecessary, negates Plaintiffs “prevailing party” status or otherwise diminishes the extent of his success in this litigation. In addition, the parties dispute the effect of Plaintiffs failure to obtain preliminary injunctive relief on his entitlement to recover the entirety of his legal expenses. The Court will dispense with oral argument because the facts and legal contentions are adequately presented in the materials submitted by both parties, and oral argument would not aid in the decisional process. For the reasons set forth herein, Plaintiffs Motion will be granted in part.

I. BACKGROUND

The facts of this matter are thoroughly laid out in this Court’s prior Opinions.1 Section 24.2-506 of the Code of Virginia provides that any candidate for public office, other than a party nominee, must submit to the Virginia State Board of Elections (“the Board” or, together with its current members,2 “Defendants”) a petition signed by a designated number of qualified voters in order to have their name printed on the official ballot. As it existed prior to and during the pendency of this action, the statute further mandated that “[e]ach signature on the petition [524] ... have been witnessed by a person who is himself a qualified voter, or qualified to register to vote, for the office for which he is circulating the petition and whose affidavit to that effect appears on each page of the petition.” Va.Code Ann. § 24.2-506 (2010). This latter provision was the subject of Plaintiffs underlying constitutional challenge.

Plaintiff Herb Lux (“Lux” or “Plaintiff’) was an announced candidate for the U.S. House of Representatives in Virginia’s Seventh Congressional District in 2010. At that time, however, Lux resided in the First, rather than the Seventh, District. In pursuing his independent candidacy, Lux timely filed a statement of qualification, a declaration of candidacy, and seventy-eight candidate petitions purportedly containing approximately 1220 signatures, as required by §§ 24.2-501, 505, and 506 of the Virginia Code, respectively. Sixty-three of these candidate petitions, bearing approximately 1063 signatures, were circulated and witnessed personally by Lux, who was neither “a qualified voter,” nor “qualified to register to vote” in the Seventh Congressional District. Lux otherwise met all of the statutory and constitutional qualifications to run for office in the Seventh District.

On June 21, 2010, thirteen days after filing his petition and accompanying forms, Lux was advised that all petitions bearing his name and signature as witness would be excluded from the Board’s verification process. In rejecting his petitions, the Board specifically cited § 24.2-506 and concluded that because Lux was not a resident of the Seventh Congressional District, he was not eligible by statute to witness petition signatures- — -even for his own candidacy. The Board did, however, accept the signatures on petitions circulated by other residents. But after excluding the more than 1063 signatures witnessed by Lux, the Board determined that he had failed to collect the requisite 1000 signatures, and consequently, did not qualify to have his name included on the November 2, 2010 ballot.

Lux filed suit in this Court on July 13, 2010, asserting that the so-called district residency requirement, both facially and as applied to his candidacy for the U.S. House of Representatives, violated his freedom of political speech and association under the First and Fourteenth Amendments to the United States Constitution. In addition to seeking a declaratory judgment as to the provision’s unconstitutionality, Plaintiff urged this Court to award him injunctive relief permanently “enjoining [the Board] ... from enforcing the district-residency requirement.” (Pl.’s Compl. 10.) Lastly, Plaintiff sought a permanent injunction “compelling [the Board] to verify and count all signatures contained on [his] candidate petitions regardless of whether the petition circulator satisfies the district-residency requirement.” (Id.)

On the same date, Lux also filed a motion to preliminarily enjoin the Board from applying the district residency requirement pending the resolution of this litigation. Relying upon Libertarian Party of Virginia v. Davis, 766 F.2d 865 (4th Cir. 1985), this Court initially denied Plaintiffs request. In Davis, the Fourth Circuit had specifically rejected a challenge to a residency requirement similar to the one here at issue. On appeal, however, the Fourth Circuit counseled this Court that the teachings of Davis may have been undermined by subsequent Supreme Court decisions. Lux. v. Judd, 651 F.3d 396, 401-04 (4th Cir.2011). The Fourth Circuit thus reversed and remanded, instructing this Court to “conduct an independent analysis of the state interest served by the district residency requirement and, after determining the appropriate standard of review, conclude whether that portion of section [525]*52524.2-506 unduly restricts Lux’s constitutional rights.” Id. at 404.

Heeding the Fourth Circuit’s directive on remand, this Court evaluated the district residency requirement under the rubric of “strict or exacting scrutiny.” Lux v. Judd, 842 F.Supp.2d 895, 902 (E.D.Va. 2012). “Given the availability of other equally effective and decidedly less burdensome statutory tools to safeguard the Commonwealth’s interest in protecting the integrity of the electoral process,” this Court held that the challenged provision “pose[d] an undue restriction on Lux’s First Amendment rights” to circulate his own petitions and to utilize non-resident supporters to disseminate his political message. Id. at 903-04. The Court therefore declared the district residency requirement to be unconstitutional, and permanently enjoined its enforcement “with respect to the circulation of petitions for independent candidates for the U.S. House of Representatives.” Id. at 903-06.

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Lux v. Judd, 868 F. Supp. 2d 519, 2012 WL 2192237, 2012 U.S. Dist. LEXIS 83009 (E.D. Va. 2012).

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