[EL] VRAA Injunctive Relief Provision

[Easley, Billy (Paul)]

Section 6 of the Senator Leahy’s Voting Rights Act Amendment creates the following standard for injunctive relief:

"In any action for relief described in this subsection, the court shall grant the relief if the court determines that, on balance, the hardship imposed upon the defendant by the issuance of the relief will be less than the hardship which would be imposed upon the plaintiff if the relief were not granted.”

The section concludes by describing several points that should be considered when a court is applying this injunctive relief position. Those factors are all fine and good but they’re narrow considerations to a mandated formula. As such, they don’t resolve my concern about deviating from traditional injunctive relief provisions. This section has received little to no focus substantive analysis on the blogs or by the law professors I’ve contacted. So instead, I’d like to ask those folks on here who actually practice election law – though you academics are certainly welcome to give your two cents – if there’s any reason to make it easier for plaintiffs to enjoin election administrators from enforcing their regulations.

Much appreciated and such,

—

Billy James Easley II
Legislative Counsel
Senator Rand Paul
8-6912

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