## Facts

- An election was held on November 7, 1916, in Eagle Township, Arkansas.
- Venable and Boyd were qualified electors who attempted to vote but were refused access to the polling place.
- A deputy sheriff, appointed on election day, controlled entry to the polling place and acted at the direction of three election judges.
- The deputy sheriff selectively denied entry to qualified electors for much of the day, resulting in substantially fewer ballots cast than usual.
- Voting procedures departed from state requirements: the polls opened about 90 minutes late and voting was interrupted by a mid-day break.
- Near closing time, the earlier exclusion largely ceased and a crowd entered, but only some were able to vote before the polls closed.
- Plaintiffs sued local election officials and alleged conspirators for damages under federal civil-rights statutes for deprivation of the federal right to vote in a federal election.

## Issues

1. Whether local election officials who, acting under color of state law, conspire to prevent qualified electors from voting in a federal election are civilly liable in damages under federal civil-rights statutes.
2. Whether damages may be awarded for wrongful denial of the right to vote absent proof of economic loss or physical injury.

## Decision

- The Eighth Circuit affirmed judgment for the plaintiffs.
- The court held that election officials who misuse their official positions, including through a concerted scheme, act under color of state law for purposes of federal civil-rights liability.
- The evidence supported a finding that the deputy sheriff and election judges coordinated to exclude qualified electors from voting.
- The court upheld damages as an available remedy for wrongful deprivation of the franchise, treating the loss of the right to vote as a compensable injury.

## Legal Principles

- The right of qualified electors to vote in federal elections is a federal right protected by federal law.
- Persons who, under color of state law, deprive citizens of federal voting rights may be held liable in a civil damages action.
- Coordinated action by election officials to exclude eligible voters can support liability as a conspiracy carried out through official authority.
- Damages for denial of the right to vote need not depend on proof of pecuniary loss or bodily injury; the deprivation of the franchise itself may support compensatory damages.

## Conclusion

The court sustained a federal damages remedy against local election officials for a coordinated scheme that prevented qualified electors from voting in a federal election, recognizing the denial of the franchise as a compensable injury even without separate economic harm.


Wayne v. Venable, 260 F. 64 (8th Cir. 1919)