Civil Rights Litigation Clearinghouse

Case: Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity

1:17-cv-01320 | U.S. District Court for the District of Columbia

Filed Date: July 3, 2017

Closed Date: 2018

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Case Summary

On July 3, 2017, the Electronic Privacy Information Center ("EPIC") filed this lawsuit in the United States District Court for the District of Columbia. EPIC sued the Presidential Advisory Commission on Election Integrity and individual members of the Commission under the Administrative Procedure Act, the Federal Advisory Committee Act and the Fifth Amendment to the United State Constitution. EPIC, a nonprofit, public interest, research group whose members included registered voters across the country, sought declaratory and injunctive relief to halt the Commission's efforts to gather personal voter data from the states. The Commission had been established by executive order to "study the registration and voting processes used in federal elections."

Specifically, on June 28, 2017, the Commission began an effort to collect detailed voter histories from each state. The Commission sent a letter asking states to provide the "full first and last names of all registrants, middle names or initials if available, addresses, dates of birth, political party (if recorded in your state), last four digits of social security number if available, voter history (election voted in) from 2006 onward, active/inactive status, cancelled status, information regarding any felony convictions, information regarding voter registration in another state, information regarding military status, and oversees citizen information." It also sought information on "voter fraud" or "registration fraud."

EPIC alleged that the Commission had failed to conduct a privacy impact assessment, which was required under the E-Government Act of 2002 for any agency seeking to conduct a new collection of information that could be used to contact a specific individual. The Plaintiff claimed that the Commission's failure to make a privacy impact assessment available for public inspection violated the Administrative Procedures Act and the Federal Advisory Committee Act. Moreover, it alleged that the Commission's attempt to gather voter information violated information privacy rights of millions of Americans as guaranteed by the Fifth Amendment.

On July 7th and July 11th, EPIC submitted a first and a second amended complaint, adding the Department of Defense and the Director of the White House Information Technology as defendants in the litigation. EPIC alleged that the Department of Defense had last approved a privacy impact assessment in 2015, when it had specifically prohibited the collection, maintenance, or dissemination of this information from members of the general public. EPIC also claimed that the Director of White House Information Technology was repurposing the computer system to collect voter information data, and that the Director was subject to the E-Government Act.

On July 13th, EPIC submitted an amended motion for a Temporary Restraining Order and Preliminary Injunction prohibiting the Defendants from collecting voter data until a Privacy Impact Assessment was completed and released to the public.

On July 24, 2017, District Judge Colleen Kollar-Kotelly denied the Plaintiff's motion. She held that the Plaintiff had standing to sue the Defendants based on the alleged injury it suffered when the Defendants failed to conduct a Privacy Impact Assessment as required by the E-Government Act. But, the Plaintiff did not have standing to bring suit on behalf of its advisory board members for any alleged constitutional or statutory violations. The court found that the Plaintiff must rely on the Administrative Procedure Act for a cause of action in the suit. Because the Administrative Procedure Act only allows for suit against an agency, and because the Defendants were not an agency but entities in close proximity to the President, the court could not review the collection process. If the Commission's scope expanded to be more than an advisory body, then the Plaintiff could ask the court to revisit the decision. 2017 WL 3141907.

The following day, EPIC appealed Judge Kollar-Kotelly's order to the United States Court of Appeals for the District of Columbia Circuit. The court (Judges Karen LeCraft Henderson, Stephen F. Williams, and Douglas H. Ginsburg), in an opinion issued December 26, 2017, affirmed Judge Kollar-Kotelly's order, but stated different reasons. The Court of Appeals held that EPIC had not shown a substantial likelihood of standing because it had not shown likelihood of injury from either deprivation of information (the privacy assessment) or organizational injury of the type the E-Government Act seeks to prevent. The Supreme Court declined to hear an appeal of this decision on January 7, 2018. 139 S.Ct. 791. The Court of Appeals, on April 2, 2018, denied to rehear the appeal en banc. 2018 WL 1896522.

Back in district court, the Defendant moved to dismiss the second amended complaint and to stay the proceedings pending the appeal on September 5, 2017. On January 3, 2018, the President terminated the Advisory Commission on Election Integrity. Judge Kotar-Kotelley denied without prejudice the motion to dismiss as well as the plaintiff's motion to file a third amended complaint—the substantive issues in the case had been resolved by the termination of the commission. The court ordered the defendant to confirm that all voter data had been deleted before the case would be dismissed.

Judge Kotar-Kotelley dismissed the case on August 22, 2018 in light of the fact that all voter data collected by the Commission had been deleted. The plaintiff had concurred that this would secure the substantive relief requested. The case is now closed.

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Summary Authors

Gabriela Hybel (7/30/2017)

Elizabeth Johnson (3/15/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6084076/parties/electronic-privacy-information-center-v-presidential-advisory-commission/

Judge(s)

Garland, Merrick B. (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Griffith, Thomas Beall (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Kollar-Kotelly, Colleen (District of Columbia)

Millett, Patricia Ann (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Rogers, Judith Ann Wilson (District of Columbia)

Srinivasan, Srikanth (District of Columbia)

Judge(s)

Garland, Merrick B. (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Griffith, Thomas Beall (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Kollar-Kotelly, Colleen (District of Columbia)

Millett, Patricia Ann (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Rogers, Judith Ann Wilson (District of Columbia)

Srinivasan, Srikanth (District of Columbia)

Tatel, David S. (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Butler, Alan (District of Columbia)

Fitzgerald, Caitriona (District of Columbia)

Rotenberg, Marc (District of Columbia)

Scott, Jeramie D. (District of Columbia)

Attorneys(s) for Defendant

Borson, Joseph Evan (District of Columbia)

Federighi, Carol (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Wolfe, Kristina Ann (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket Electronic Privacy Information Center v. Presidential Advisory Commission on Electronic Integrity	Aug. 22, 2018	Docket
1	Complaint for Injunctive Relief Electronic Privacy Information Center v. Presidential Advisory Commission on Electronic Integrity	July 3, 2017	Complaint
33	Second Amended Complaint for Injunctive Relief Electronic Privacy Information Center v. Presidential Advisory Commission on Electronic Integrity	July 11, 2017	Complaint
40	Memorandum Opinion Electronic Privacy Information Center v. Presidential Advisory Commission on Electronic Integrity 266 F.Supp.3d 297, 2017 WL 3141907	July 24, 2017	Order/Opinion
57-1	Executive Order on the Termination of Presidential Advisory Commission on Election Integrity	Jan. 3, 2018	Other
	Order U. S. Court of Appeals for the District of Columbia Circuit 2018 WL 1896522	April 2, 2018	Order/Opinion
63	Order	July 19, 2018	Order/Opinion
	Opinion Supreme Court of the United States 139 S.Ct. 791	Jan. 7, 2019	Order/Opinion

Resources

Title	Description		External URL
Case Studies in Emergency Election Litigation: The Presidential Advisory Commission on Election Integrity Robert Timothy Reagan	In mid-2017, President Trump created the Presidential Advisory Commission on Election Integrity. The commission’s vice chair asked all states to submit extensive voter registration data to the commis…	Sept. 25, 2018	https://www.fjc.gov/sites/default/files/materials/10/EE-DC-1-17-cv-1320-EPIC.pdf

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6084076/electronic-privacy-information-center-v-presidential-advisory-commission/

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date	Link
1	COMPLAINT against EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY ( Filing fee $ 400, receipt number 4616085803) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 07/03/2017) 1 Civil Cover Sheet View on PACER	July 3, 2017	RECAP
	SUMMONS (8) Issued as to EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. Attorney and U.S. Attorney General (td)	July 3, 2017	PACER
2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC PRIVACY INFORMATION CENTER (td) (Entered: 07/03/2017)	July 3, 2017	PACER
3	MOTION for Temporary Restraining Order by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(td) (Entered: 07/03/2017) 1 Exhibit View on RECAP 2 Text of Proposed Order View on RECAP	July 3, 2017	RECAP
	MINUTE ORDER: At approximately 4:50 P.M. EST, the Court held an on-the-record teleconference, attended by counsel for both parties, to set a briefing schedule on Plaintiff's 3 Emergency Motion for a Temporary Restraining Order. Defendants shall file their opposition to the motion by 4 P.M. EST on WEDNESDAY, JULY 5, 2017. Plaintiff shall file its reply by 9 A.M. EST on THURSDAY, JULY 6, 2017. Signed by Judge Colleen Kollar-Kotelly on 7/3/2017. (lcckk1)	July 3, 2017	PACER
4	ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on 07/03/2017. (DM) (Entered: 07/03/2017)	July 3, 2017	RECAP
5	NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 07/03/2017)	July 3, 2017	RECAP
	Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held on 7/3/2017. (Court Reporter Richard Ehrlich.) (dot)	July 3, 2017	PACER
6	NOTICE of Appearance by Carol Federighi on behalf of All Defendants (Federighi, Carol) (Entered: 07/05/2017)	July 5, 2017	PACER
7	NOTICE of Appearance by Joseph Evan Borson on behalf of EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY (Borson, Joseph) (Entered: 07/05/2017)	July 5, 2017	PACER
8	RESPONSE re 3 MOTION for Temporary Restraining Order filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Attachments: # 1 Declaration of Kris Kobach, # 2 Text of Proposed Order)(Federighi, Carol) (Entered: 07/05/2017) 1 Declaration of Kris Kobach View on RECAP 2 Text of Proposed Order View on PACER	July 5, 2017	RECAP
9	ORDER. Signed by Judge Colleen Kollar-Kotelly on 7/5/2017. (lcckk1) (Entered: 07/05/2017)	July 5, 2017	RECAP
10	TRANSCRIPT OF SCHEDULING CONFERENCE before Judge Colleen Kollar-Kotelly held on July 3, 2017; Page Numbers: 1- 13. Date of Issuance: July 6, 2017. Court Reporter/Transcriber Richard D. Ehrlich, Telephone number 202-354-3269, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/27/2017. Redacted Transcript Deadline set for 8/6/2017. Release of Transcript Restriction set for 10/4/2017.(Ehrlich, Richard) Modified date of hearing on 7/7/2017 (znmw). (Entered: 07/06/2017)	July 6, 2017	PACER
11	RESPONSE TO ORDER OF THE COURT re 9 Order filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Attachments: # 1 Declaration of Kris W. Kobach)(Borson, Joseph) (Entered: 07/06/2017) 1 Declaration of Kris W. Kobach View on PACER	July 6, 2017	PACER
12	NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Entered: 07/06/2017)	July 6, 2017	RECAP
13	REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Addendum, # 2 Affirmation of Marc Rotenberg, # 3 Exhibits 1-11)(Butler, Alan) (Entered: 07/06/2017) 1 Addendum View on PACER 2 Affirmation of Marc Rotenberg View on PACER 3 Exhibits 1-11 View on PACER	July 6, 2017	RECAP
14	ERRATA by ELECTRONIC PRIVACY INFORMATION CENTER 13 Reply to opposition to Motion filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Corrected Exhibit 11)(Butler, Alan) (Entered: 07/06/2017) 1 Corrected Exhibit 11 View on PACER	July 6, 2017	PACER
15	ORDER. The Court hereby sets a hearing on Plaintiff's 3 Motion for a Temporary Restraining Order, to be held at 4:00 P.M. on July 7, 2017, in Courtroom 28A. Signed by Judge Colleen Kollar-Kotelly on 7/6/2017. (lcckk1) (Entered: 07/06/2017)	July 6, 2017	RECAP
	Set/Reset Hearings: Motion Hearing set for 7/7/2017 at 4:00 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)	July 6, 2017	PACER
16	Unopposed MOTION for Leave to File Surreply by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY (Attachments: # 1 Exhibit Proposed Surreply, # 2 Text of Proposed Order)(Federighi, Carol) (Entered: 07/07/2017) 1 Exhibit Proposed Surreply View on PACER 2 Text of Proposed Order View on PACER	July 7, 2017	RECAP
17	RESPONSE TO ORDER OF THE COURT Filing of Supplemental Brief by ELECTRONIC PRIVACY INFORMATION CENTER re 15 Order (Butler, Alan) Modified event title on 7/10/2017 (znmw). (Entered: 07/07/2017)	July 7, 2017	RECAP
18	RESPONSE TO ORDER OF THE COURT re 15 Order Defendants' Supplemental Brief on Informational Standing filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Borson, Joseph) (Entered: 07/07/2017)	July 7, 2017	RECAP
19	Unopposed MOTION for Leave to File Sur-surreply by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Exhibit Proposed sur-surreply, # 2 Exhibit Exhibit to proposed sur-surreply, # 3 Text of Proposed Order)(Butler, Alan) (Entered: 07/07/2017) 1 Exhibit Proposed sur-surreply View on PACER 2 Exhibit Exhibit to proposed sur-surreply View on PACER 3 Text of Proposed Order View on PACER	July 7, 2017	RECAP
20	NOTICE of Supplemental Exhibits by ELECTRONIC PRIVACY INFORMATION CENTER re 15 Order (Attachments: # 1 Supplemental Exhibits)(Butler, Alan) (Entered: 07/07/2017) 1 Supplemental Exhibits View on PACER	July 7, 2017	PACER
	Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Motion Hearing held on 7/7/2017 re 3 MOTION for Temporary Restraining Order filed by ELECTRONIC PRIVACY INFORMATION CENTER; and taken under advisement. (Court Reporter Richard Ehrlich.) (dot)	July 7, 2017	PACER
21	AMENDED COMPLAINT pursuant to FRCP 15(a)(1)(A) against ELECTRONIC PRIVACY INFORMATION CENTER filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Summons as to U.S. Department of Defense)(Butler, Alan) (Entered: 07/07/2017) 1 Summons as to U.S. Department of Defense View on RECAP	July 7, 2017	RECAP
22	TRANSCRIPT OF TEMPORARY RESTRAINING ORDER before Judge Colleen Kollar-Kotelly held on July 7, 2017; Page Numbers: 1 - 63. Date of Issuance:July 10, 2017. Court Reporter/Transcriber Richard D. Ehrlich, Telephone number (202) 354-3269, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased fro m the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/30/2017. Redacted Transcript Deadline set for 8/9/2017. Release of Transcript Restriction set for 10/7/2017.(Ehrlich, Richard) (Entered: 07/09/2017)	July 9, 2017	PACER
23	ORDER. Signed by Judge Colleen Kollar-Kotelly on 7/10/2017. (lcckk1) (Entered: 07/10/2017)	July 10, 2017	RECAP
	Set/Reset Deadline: Supplemental briefing due by 4:00 PM on 7/10/2017. (tth)	July 10, 2017	PACER
24	RESPONSE TO ORDER OF THE COURT re 23 Order Supplemental Brief re: DOD filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Attachments: # 1 Declaration Third Kobach Decl.)(Borson, Joseph) (Entered: 07/10/2017) 1 Declaration Third Kobach Decl. View on RECAP	July 10, 2017	PACER
25	SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE. (znmw) (Entered: 07/10/2017)	July 10, 2017	RECAP
26	ORDER. Signed by Judge Colleen Kollar-Kotelly on 7/10/2017. (lcckk1) (Entered: 07/10/2017)	July 10, 2017	RECAP
27	RESPONSE TO ORDER OF THE COURT re 26 Order filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 07/11/2017)	July 11, 2017	RECAP
28	NOTICE of Appearance by Jeramie D. Scott on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Scott, Jeramie) (Entered: 07/11/2017)	July 11, 2017	PACER
29	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Caitriona Fitzgerald, :Firm- Electronic Privacy Information Center, :Address- 14 Tyler Street, Third Floor, Somerville, MA 02143. Phone No. - (617) 945-8409. Filing fee $ 100, receipt number 0090-5026343. Fee Status: Fee Paid. by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Declaration of Caitriona Fitzgerald, # 2 Text of Proposed Order)(Rotenberg, Marc) (Entered: 07/11/2017)	July 11, 2017	PACER
30	MOTION for Leave to File a Second Amended Complaint by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Second Amended Complaint, # 2 Exhibit 5, # 3 Summons as to Charles C. Herndon, # 4 Summons as to U.S. Digital Service, # 5 Summons as to Executive Committee for Presidential Information Technology, # 6 Text of Proposed Order)(Butler, Alan) (Entered: 07/11/2017)	July 11, 2017	PACER
31	ORDER. Signed by Judge Colleen Kollar-Kotelly on 7/11/2017. (lcckk1) (Entered: 07/11/2017)	July 11, 2017	RECAP
32	RESPONSE re 30 MOTION for Leave to File a Second Amended Complaint filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF DEFENSE. (Federighi, Carol) (Entered: 07/11/2017)	July 11, 2017	RECAP
	MINUTE ORDER: For good cause shown, and in light of Defendants' notice that they do not oppose this relief, ECF No. 32, Plaintiff's 30 Motion for Leave to File a Second Amended Complaint is GRANTED. Signed by Judge Colleen Kollar-Kotelly on 7/11/2017. (lcckk1)	July 11, 2017	PACER
33	SECOND AMENDED COMPLAINT against GENERAL SERVICES ADMINISTRATION, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF DEFENSE, CHARLES G. HERNDON, UNITED STATES DIGITAL SERVICE, EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit 5)(znmw) (Entered: 07/12/2017)	July 11, 2017	PACER
34	SUMMONS (3) Issued Electronically as to EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY, CHARLES G. HERNDON, UNITED STATES DIGITAL SERVICE. (znmw) (Entered: 07/12/2017)	July 12, 2017	PACER
35	Amended MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Memorandum in Support, # 2 Exhibit List, # 3 Exhibit 1-20, # 4 Exhibit 21-30, # 5 Exhibit 31-40, # 6 Text of Proposed Order)(Butler, Alan) (Entered: 07/13/2017) 1 Memorandum in Support View on RECAP 2 Exhibit List View on RECAP 3 Exhibit 1-20 View on RECAP 4 Exhibit 21-30 View on RECAP 5 Exhibit 31-40 View on PACER 6 Text of Proposed Order View on PACER	July 13, 2017	RECAP
36	ERRATA Corrected Exhibits 21-30 by ELECTRONIC PRIVACY INFORMATION CENTER 35 Amended MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit 21-30)(Butler, Alan) (Entered: 07/13/2017)	July 13, 2017	PACER
37	NOTICE of Appearance by Kristina Ann Wolfe on behalf of All Defendants (Wolfe, Kristina) (Entered: 07/16/2017)	July 16, 2017	PACER
38	RESPONSE re 35 Amended MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, CHARLES G. HERNDON, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Borson, Joseph) (Entered: 07/17/2017)	July 17, 2017	PACER
39	REPLY to opposition to motion re 35 Amended MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Declaration of Eleni Kyriakides)(Butler, Alan) (Entered: 07/17/2017) 1 Declaration of Eleni Kyriakides View on PACER	July 17, 2017	PACER
	NOTICE OF ERROR re 39 Reply to opposition to Motion; emailed to butler@epic.org, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. FYI on future filings, the signature of the person filing and the one signing the document must match. (ztd, )	July 18, 2017	PACER
40	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 7/24/2017. (lcckk1) (Entered: 07/24/2017)	July 24, 2017	RECAP
41	ORDER. Plaintiff's 35 Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED WITHOUT PREJUDICE. Signed by Judge Colleen Kollar-Kotelly on 7/24/2017. (lcckk1) (Entered: 07/24/2017)	July 24, 2017	RECAP
42	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 41 Order on Motion for TRO, Order on Motion for Preliminary Injunction by ELECTRONIC PRIVACY INFORMATION CENTER. Filing fee $ 505, receipt number 0090-5047166. Fee Status: Fee Paid. Parties have been notified. (Attachments: # 1 Exhibit 1)(Rotenberg, Marc) (Entered: 07/25/2017)	July 25, 2017	PACER
43	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 42 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 07/26/2017)	July 26, 2017	PACER
	USCA Case Number 17-5171 for 42 Notice of Appeal to DC Circuit Court, filed by ELECTRONIC PRIVACY INFORMATION CENTER. (zrdj)	July 27, 2017	PACER
44	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/16/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/4/2017. (Rotenberg, Marc) Modified dates on 8/3/2017 (znmw). (Entered: 08/02/2017)	Aug. 2, 2017	PACER
45	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/6/2017. (Rotenberg, Marc) Modified date of service on 8/3/2017 (znmw). (Entered: 08/02/2017)	Aug. 2, 2017	PACER
46	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY served on 7/24/2017; EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES served on 7/6/2017; GENERAL SERVICES ADMINISTRATION served on 7/6/2017; CHARLES G. HERNDON served on 7/24/2017; KRIS KOBACH served on 7/6/2017; OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES served on 7/6/2017; MICHAEL PENCE served on 7/6/2017; PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY served on 7/6/2017; U.S. DEPARTMENT OF DEFENSE served on 7/24/2017; UNITED STATES DIGITAL SERVICE served on 7/24/2017 (Rotenberg, Marc) (Entered: 08/02/2017)	Aug. 2, 2017	PACER
	MINUTE ORDER: The 3 Motion for Temporary Restraining Order and related 16 Motion for Leave to File Surreply, and 17 Motion for Leave to File Sur-surreply, are DENIED AS MOOT. The Court previously ordered Plaintiff to file an amended motion for injunctive relief. Order, ECF No. 31. The 35 Amended Motion for Temporary Restraining Order and Preliminary Injunction was resolved by the Court's July 24, 2017 Memorandum Opinion, ECF No. 40. Separately, the Court has received the 29 Motion for Admission Pro Hac Vice of attorney Caitriona Fitzgerald. That Motion is GRANTED CONTINGENT on Ms. Fitzgerald filing a declaration, by AUGUST 18, 2017, certifying to the Court that she is familiar with the Local Rules of this Court.(lcckk1)	Aug. 11, 2017	PACER
47	RESPONSE TO ORDER OF THE COURT re Order on Motion for Leave to Appear Pro Hac Vice,,,, Order on Motion for TRO,,,, Order on Motion for Leave to File,,,,,,, filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Declaration of Caitriona Fitzgerald)(Butler, Alan) (Entered: 08/16/2017)	Aug. 16, 2017	PACER
48	MOTION to Stay Proceedings Pending Appeal, or in the Alternative, for Additional Time to Respond to the Second Amended Complaint by EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, CHARLES G. HERNDON, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES DIGITAL SERVICE (Attachments: # 1 Text of Proposed Order Granting Stay, # 2 Text of Proposed Order Granting Additional Time to Respond)(Borson, Joseph). Added MOTION for Extension of Time to File Answer on 8/28/2017 (znmw). (Entered: 08/25/2017) 1 Text of Proposed Order Granting Stay View on PACER 2 Text of Proposed Order Granting Additional Time to Respond View on PACER	Aug. 25, 2017	RECAP
	MINUTE ORDER: The Court has received Defendants' 48 Motion to Stay Proceedings, and hereby sets the following briefing schedule. Plaintiff's response shall be due by SEPTEMBER 8, 2017. Defendants' reply shall be due by SEPTEMBER 15, 2017. Signed by Judge Colleen Kollar-Kotelly on 9/5/2017. (lcckk1)	Sept. 5, 2017	PACER
49	MOTION to Dismiss Second Amended Complaint by EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, CHARLES G. HERNDON, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES DIGITAL SERVICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Federighi, Carol) (Entered: 09/05/2017) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on PACER	Sept. 5, 2017	RECAP
	Set/Reset Deadlines: Plaintiff's Response due by 9/8/2017. Defendants' Reply due by 9/15/2017. (dot)	Sept. 5, 2017	PACER
50	Memorandum in opposition to re 48 MOTION to Stay Proceedings Pending Appeal, or in the Alternative, for Additional Time to Respond to the Second Amended Complaint MOTION for Extension of Time to File Answer filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Rotenberg, Marc) (Entered: 09/08/2017) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on RECAP 3 Text of Proposed Order View on PACER	Sept. 8, 2017	RECAP
51	REPLY to opposition to motion re 48 MOTION to Stay Proceedings Pending Appeal, or in the Alternative, for Additional Time to Respond to the Second Amended Complaint MOTION for Extension of Time to File Answer filed by EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, CHARLES G. HERNDON, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES DIGITAL SERVICE. (Wolfe, Kristina) (Entered: 09/15/2017)	Sept. 15, 2017	RECAP
52	Memorandum in opposition to re 49 MOTION to Dismiss Second Amended Complaint filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit 1 - Second Declaration of Marc Rotenberg, # 2 Exhibit 2 - Declaration of Deborah C. Peel, # 3 Exhibit 3 - Declaration of Helen Nissenbaum, # 4 Exhibit 4 - Declaration of Robert Ellis Smith, # 5 Text of Proposed Order)(Rotenberg, Marc) (Entered: 09/19/2017) 1 Exhibit 1 - Second Declaration of Marc Rotenberg View on PACER 2 Exhibit 2 - Declaration of Deborah C. Peel View on PACER 3 Exhibit 3 - Declaration of Helen Nissenbaum View on PACER 4 Exhibit 4 - Declaration of Robert Ellis Smith View on PACER 5 Text of Proposed Order View on PACER	Sept. 19, 2017	RECAP
53	REPLY to opposition to motion re 49 MOTION to Dismiss Second Amended Complaint filed by EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, CHARLES G. HERNDON, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES DIGITAL SERVICE. (Federighi, Carol) (Entered: 09/26/2017)	Sept. 26, 2017	RECAP
54	MOTION for Leave to File Third Amended Complaint by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Appendix of Statutes and Regulations, # 2 Exhibit Proposed Third Amended Complaint, # 3 Text of Proposed Order)(Rotenberg, Marc) (Entered: 10/12/2017) 1 Appendix of Statutes and Regulations View on PACER 2 Exhibit Proposed Third Amended Complaint View on RECAP 3 Text of Proposed Order View on PACER	Oct. 12, 2017	RECAP
	MINUTE ORDER: The Court has received Plaintiff's 54 Motion for Leave to File Third Amended Complaint. The parties shall abide by the following briefing schedule. Defendants' response is due by OCTOBER 26, 2017. Plaintiff's reply, if any, is due by NOVEMBER 2, 2017. Signed by Judge Colleen Kollar-Kotelly on 10/16/2017. (lcckk1)	Oct. 16, 2017	PACER
	Set/Reset Deadlines: Defendants' Response to 54 due by 10/26/2017. Plaintiff's Reply if any to 54 due by 11/2/2017. (dot)	Oct. 16, 2017	PACER
55	Memorandum in opposition to re 54 MOTION for Leave to File Third Amended Complaint filed by EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, CHARLES G. HERNDON, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES DIGITAL SERVICE. (Federighi, Carol) (Entered: 10/26/2017)	Oct. 26, 2017	RECAP
56	REPLY to opposition to motion re 54 MOTION for Leave to File Third Amended Complaint filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Rotenberg, Marc) (Entered: 11/02/2017)	Nov. 2, 2017	RECAP
57	NOTICE of Executive Order by EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, CHARLES G. HERNDON, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES DIGITAL SERVICE (Attachments: # 1 Exhibit Executive Order)(Borson, Joseph) (Entered: 01/03/2018)	Jan. 3, 2018	RECAP
	MINUTE ORDER: In light of the Court of Appeals' decision in Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity, 878 F.3d 371 (D.C. Cir. 2017), and the filing of Defendants' 49 Motion to Dismiss with respect to the Second Amended Complaint, the Court DENIES as moot Defendants' 48 Motion to Stay Proceedings Pending Appeal, or in the Alternative, for Additional Time to Respond to the Second Amended Complaint, with Incorporated Memorandum. Signed by Judge Colleen Kollar-Kotelly on January 24, 2018. (lcckk1)	Jan. 24, 2018	PACER
58	Supplemental Record on Appeal transmitted to US Court of Appeals re Minute Order on Motion to Stay, Order on Motion for Extension of Time to Answer; USCA Case Number 17-05171. (znmw) (Entered: 01/25/2018)	Jan. 25, 2018	RECAP
59	ORDER of USCA ORDERED that the motion be denied as to 42 Notice of Appeal to DC Circuit Court, filed by ELECTRONIC PRIVACY INFORMATION CENTER ; USCA Case Number 17-5171. (zrdj) (Entered: 04/21/2018)	April 2, 2018	RECAP
60	MANDATE of USCA as to 42 Notice of Appeal to DC Circuit Court, filed by ELECTRONIC PRIVACY INFORMATION CENTER ; USCA Case Number 17-5171. (Attachments: # 1 judgment filed December 26, 2017)(zrdj) (Entered: 04/21/2018)	April 16, 2018	RECAP
	MINUTE ORDER: In order to facilitate the Court's decision as to Defendants' 49 Motion to Dismiss the Second Amended Complaint and Plaintiff's 54 Motion for Leave to File a Third Amended Complaint, the Court shall require additional information from Defendants regarding the current status of the state voter data collected by the now-defunct Commission. See Notice of Executive Order, ECF No. 57 (indicating that Commission was terminated by Executive Order). In an affidavit in a related case, Defendant Charles Herndon, Director of White House Information Technology ("WHIT") stated, inter alia, that "[p]ending resolution of outstanding litigation involving the Commission, and pending consultation with [the National Archives and Records Administration], the White House intends to destroy all state voter data. Until such disposition, the data will continue to be maintained by the WHIT technical staff as Presidential Records." 2d Decl. of Charles C. Herndon, Dunlap v. Presidential Advisory Comm'n on Election Integrity, No. 17-cv-2361 (D.D.C. Jan. 9, 2018), ECF No. 39-2, Â¶ 4. By JULY 20, 2018, Defendants shall file an updated affidavit from Mr. Herndon identifying the current status of the state voter data, including whether it has been transferred to any individual or entity, as well as Defendants' plans for its disposition. Signed by Judge Colleen Kollar-Kotelly on June 28, 2018. (lcckk1)	June 28, 2018	PACER
	Set/Reset Deadlines: Defendant's updated affidavit due by 7/20/2018. (kt)	June 29, 2018	PACER
61	NOTICE of Compliance with this Court's June 28, 2018 Minute Order by EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, CHARLES G. HERNDON, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES DIGITAL SERVICE re Order,,,,,, (Attachments: # 1 Declaration of Charles C. Herndon (4th), # 2 Exhibit A, # 3 Exhibit B)(Borson, Joseph) (Entered: 07/17/2018) 1 Declaration of Charles C. Herndon (4th) View on RECAP 2 Exhibit A View on RECAP 3 Exhibit B View on PACER	July 17, 2018	RECAP
62	NOTICE of Exhibit by ELECTRONIC PRIVACY INFORMATION CENTER re Order,,,,,, (Attachments: # 1 Exhibit)(Rotenberg, Marc) (Entered: 07/19/2018) 1 Exhibit View on PACER	July 19, 2018	PACER
63	ORDER. The Court DENIES WITHOUT PREJUDICE Defendants' 49 Motion to Dismiss and DENIES WITHOUT PREJUDICE Plaintiff's 54 Motion for Leave to File a Third Amended Complaint. Defendants shall file a Notice by AUGUST 20, 2018, confirming whether all state voter data collected by the Commission has been deleted, and if not, identifying when Defendants expect to complete that process. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on July 19, 2018. (lcckk1) (Entered: 07/19/2018)	July 19, 2018	RECAP
	Set/Reset Deadlines: Defendant shall file a Notice by 8/20/2018, confirming whether all state voterdata collected by the Commission has been deleted, and if not, identifying when Defendantsexpect to complete that process. (dot)	July 19, 2018	PACER
64	NOTICE of Deletion by EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY, EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, CHARLES G. HERNDON, KRIS KOBACH, OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES DIGITAL SERVICE re 63 Order on Motion to Dismiss,,, Order on Motion for Leave to File,, (Attachments: # 1 Declaration (Fifth) of Charles C. Herndon)(Borson, Joseph) (Entered: 08/20/2018) 1 Declaration (Fifth) of Charles C. Herndon View on RECAP	Aug. 20, 2018	RECAP
65	ORDER. This case is DISMISSED. Signed by Judge Colleen Kollar-Kotelly on August 22, 2018. (lcckk1) (Entered: 08/22/2018)	Aug. 22, 2018	RECAP

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: July 3, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Electronic Privacy Information Center ("EPIC"), a nonprofit, public interest research group, whose members included registered voters across the country.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Presidential Advisory Commission on Election Integrity, Federal

Department of Defense, Federal

Director of the White House Information Technology, Federal

Case Details

Causes of Action: