CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 6/29/2023 1

Voter Registration for College Students 

Saunders v. Andrews (4:04-cv-20) and 

Lowe v. Davis (4:04-cv-21) (Raymond A. Jackson, E.D. Va.) 

A college student wishing to run for city council filed a federal 

complaint challenging the denial of his voter registration. On the 

following day, three other students filed a similar complaint. The 

federal judge ruled against the students, but a state judge granted 

one of the students relief. By the time of the general election, two of 

the students could register because they obtained driver’s licenses at 

their local address. 

Subject: Registration procedures. Topic: Student registration. 

A sophomore at the College of William and Mary who wished to run for city 

council filed a federal complaint in the Eastern District of Virginia’s Newport 

News courthouse on Thursday, February 26, 2004, challenging the Williamsburg registrar’s denial of the sophomore’s voter registration.1

 Because the 

deadline for filing candidacy papers was the following Tuesday,2 the plaintiff 

filed with his complaint a motion for a temporary restraining order.3

On February 27, another three students filed a similar federal complaint.4

They also sought a temporary restraining order.5 Judge Raymond A. Jackson 

heard the motions on March 1 and 2; he ruled on March 8 that the students 

had not made a sufficient showing that they were wrongfully regarded as 

nonresidents.6 A state judge, however, ruled that one of the second set of 

plaintiffs should be registered and another should not be.7

1. Docket Sheet, Saunders v. Andrews, No. 4:04-cv-20 (E.D. Va. Feb. 26, 2004) (D.E. 1) 

[hereinafter Saunders Docket Sheet]; see Andrew Petkofsky, W&M Student Files Voting 

Rights Lawsuit, Richmond Times-Dispatch, Feb. 27, 2004, at B3; Daphne Sashin, W&M Student Sues to Vote, Newport News Daily Press, Feb. 27, 2004, at C1. 

2. See Sashin, supra note 1. 

3. Saunders Docket Sheet, supra note 1 (D.E. 2). 

4. Docket Sheet, Lowe v. Davis, No. 4:04-cv-21 (E.D. Va. Feb. 27, 2004) (D.E. 1) [hereinafter Lowe Docket Sheet]; see Andrew Petkofsky, Three More W&M Students File Voting 

Suits, Richmond Times-Dispatch, Feb. 28, 2004, at B3; Daphne Sashin, W&M Students 

Wanting to Vote File Second Suit, Newport News Daily Press, Feb. 28, 2004, at C4. 

5. Lowe Docket Sheet, supra note 4 (D.E. 2). 

6. Id. (D.E. 5, 7); Saunders Docket Sheet, supra note 1 (D.E. 4, 5); see Andrew Petkofsky, 

Williamsburg Registrar Upheld on Voter Status, Richmond Times-Dispatch, Mar. 3, 2004, at 

B2. 

7. See Andrew Petkofsky, Judge Sides with Student Candidate, Richmond TimesDispatch, Mar. 6, 2004, at B1; Patti Rosenberg, One Wins, One Loses W&M Suit Over Voting, 

Newport News Daily Press, Mar. 6, 2004, at C1. 
Voter Registration for College Students 

2 Federal Judicial Center 6/29/2023 

By the 2004 general election, the original federal plaintiff and the unsuccessful state-court plaintiff could register, because they obtained driver’s licenses at their Williamsburg addresses.8

 The federal cases settled.9

8. See Zinie Chen Sampson, Students Win Right to Vote in Williamsburg, Virginian-Pilot, 

Oct. 15, 2004, at B3.

9. Saunders Docket Sheet, supra note 1 (D.E. 21); see Andrew Petkofsky, Students’ Voting 

Suit Is Dropped But Lawyer Says System Could Still Deny Others Right to Register Locally, 

Richmond Times-Dispatch, Oct. 15, 2004, at B7; Daphne Sashin, 2 W&M Students Can 

Vote, Newport News Daily Press, Oct. 15, 2004, at C1.