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Try CasePortal for FreeJ. Gibney denies the state officials' motion to dismiss a count asking the court to use its equitable powers to enjoin the officials from enforcing a felony voter disenfranchisement provision that violates the Virginia Readmission Act. When Virginia sought to rejoin the Union in 1870, congress created an act that said that Virginia could never alter its constitution to disenfranchise citizens who could vote under Virginia's then-controlling constitution. The Act came with the exception that Virginia could amend its constitution to disenfranchise those convicted of crimes that, in 1870, were common law felonies, including murder, rape, and arson. Two former felons convicted of felonies not included as common law felonies properly alleged that Virginia is engaging in an ongoing violation of federal law.