Virginia has 5 million registered voters for the first time in its history, and some are worried the state is not prepared to handle the turnout.
The National Association for the Advancement of Colored People filed a lawsuit against Tim Kaine, the Virginia State Board of Elections and the registrars in the cities of Richmond, Norfolk and Virginia Beach, seeking changes in Election Day preparation.
NAACP representatives sought an extension of voting hours or paper ballots to supplement voting machines in minority neighborhoods that they claim are not prepared.
All three members of Virginia's electoral board are minorities, including Chairwoman Jean Cunningham, who is black.
Less than 24 hours before the polling began, Judge Richard Williams ruled with the state though only hearing arguments from the NAACP side.
Williams ordered Virginia to publicize the availability of curbside voting for the handicapped, as well as the fact that any voter in line by 7 p.m. will be allowed to vote. However, he did not extend voting hours or order the redistribution of voting equipment.
According to the Virginia State Board of Elections, the state will make use of 10,600 voting machines, one for every 474 registered voters in the state. In 2004, 5,967 voting machines were used, or one for every 757 registered voters.
Kaine has acknowledged lines may be long and encouraged those who could not stand to bring lawn chairs.
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