Case: Texas Democratic Party v. DeBeauvoir

20-01610 | Texas state trial court

Filed Date: March 20, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In this case, the Texas Democratic Party sued the Texas Secretary of State to allow all eligible voters to cast their ballot by mail. On April 15, 2020, Judge Tim Sulak issued a temporary injunction expanding access to mail in ballots to those with concerns about COVID-19 and in person voting. The defendants appealed and the plaintiffs sought enforcement of the injunction. The court of appeals found for the plaintiffs and the defendants appealed to the Supreme Court of Texas.…

COVID-19 Summary: In this case, the Texas Democratic Party sued the Texas Secretary of State to allow all eligible voters to cast their ballot by mail. On April 15, 2020, Judge Tim Sulak issued a temporary injunction expanding access to mail in ballots to those with concerns about COVID-19 and in person voting. The defendants appealed and the plaintiffs sought enforcement of the injunction. The court of appeals found for the plaintiffs and the defendants appealed to the Supreme Court of Texas. On June 9, the case was dismissed.


On March 20, 2020, the Texas Democratic Party filed this lawsuit in the Travis County Texas State Court. The plaintiffs sued Ruth Hughs in her capacity as Texas Secretary of State and the Travis County Clerk under state law. Represented by private counsel, the plaintiffs sought injunctive and declaratory relief that would allow all eligible voters, regardless of age and physical condition, to cast their ballot by mail, if they believed their health was in danger under the threat of COVID-19.

On April 15, 2020, Judge Tim Sulak issued a temporary injunction, expanding the definition of "disability" to include individuals with concerns about COVID-19 and in-person voting. The court scheduled another hearing for July 27 to determine what happens after the July elections. The defendants appealed, and the case was moved from the Third Court of Appeals to the Fourteenth Court of Appeals on May 6.

On May 5, the plaintiffs sought enforcement of the temporary injunction or an order that the trial court’s injunction remains in effect until the appeal. The defendants appealed to the Supreme Court of Texas on May 13. On May 14, the Fourteenth Court of Appeals of Texas granted the plaintiff's motion for temporary orders and ordered that the trial court’s temporary injunction remained in effect until the appeal. The Supreme Court of Texas stayed this order.

On June 9, the case was dismissed.

Summary Authors

Cedar Hobbs (3/22/2020)

Averyn Lee (6/13/2020)

Related Cases

Gloria v. Hughs, Western District of Texas (2020)

People


Judge(s)

Poissant, Margaret (Texas)

Sulak, Tim (Texas)

Attorneys(s) for Plaintiff

Brazil, Kemble Scott (Texas)

Dunn, Chad W (Texas)

Golando, Martin (Texas)

Grigg, Dicky (Texas)

Attorneys(s) for Defendant

Abrams, Michael (Texas)

Albright, Thomas A. (Texas)

Bangert, Ryan L (Texas)

Dippel, Leslie (Texas)

Judge(s)

Poissant, Margaret (Texas)

Sulak, Tim (Texas)

Attorneys(s) for Plaintiff

Brazil, Kemble Scott (Texas)

Dunn, Chad W (Texas)

Golando, Martin (Texas)

Grigg, Dicky (Texas)

Attorneys(s) for Defendant

Abrams, Michael (Texas)

Albright, Thomas A. (Texas)

Bangert, Ryan L (Texas)

Dippel, Leslie (Texas)

Escamilla, David A. (Texas)

Frederick, Matthew Hamilton (Texas)

Hawkins, Kyle Douglas (Texas)

Mackin, Anne Marie (Texas)

Mateer, Jeffrey C (Texas)

McCarty, Darren L. (Texas)

Paxton, Ken (Texas)

Pettit, Lenora C. (Texas)

Talley, Sharon (Texas)

Thomas, Sherine Elizabeth (Texas)

Veidt, Cynthia W (Texas)

Williams, Andrew W (Texas)

Other Attorney(s)

Aiyer, Jay (Texas)

Buser-Clancy, Thomas Paul (Texas)

Cole-Cortez, Kay Cee (Texas)

Gonzalez, Joaquin Robert (Texas)

Hays, Susan (Texas)

Ho, Dale E. (New York)

Holder, Matt (Texas)

Lakin, Sophia L. (New York)

Marziani, Mimi Murray Digby (Texas)

O'Rourke, Terence (Texas)

Ray, Douglas (Texas)

Ryan, Vince (Texas)

Saldivar, Edgar (Texas)

Segura, Andre (Texas)

Soard, Robert (Texas)

Stevens, Rebecca (Texas)

Van Os, David (Texas)

Expert/Monitor/Master

Carroll, Mitchell (Texas)

Cascino, Joseph (Texas)

Chimene, Grace (Texas)

Galloway, H Drew (Texas)

Korbel, George (Texas)

LeBombard, Joyce (Texas)

Maxey, Glenn (Texas)

Price, Zachary (Texas)

Sansing, Shanda (Texas)

Timm, Emily (Texas)

Documents in the Clearinghouse

Document

20-01610

Plaintiffs' Original Petition

Texas Democratic Party v. Hughs

March 20, 2020

March 20, 2020

Complaint

20-01610

Plaintiffs' Notice of Partial Nonsuit Without Prejudice

Texas Democratic Party v. Hughs

March 25, 2020

March 25, 2020

Pleading / Motion / Brief

20-01610

State of Texas's Plea in Intervention

Texas Democratic Party v. De Beauvoir

March 27, 2020

March 27, 2020

Pleading / Motion / Brief

20-01610

Petition in Intervention

April 1, 2020

April 1, 2020

Pleading / Motion / Brief

20-01610

Application for Temporary Injunction

April 6, 2020

April 6, 2020

Pleading / Motion / Brief

20-01610

State of Texas's Plea to the Jurisdiction

April 7, 2020

April 7, 2020

Pleading / Motion / Brief

20-01610

Defendant Travis County Clerk Dana DeBeauvoir's Counter-Petition to Align Early Voting Periods (Part 2/3)

April 10, 2020

April 10, 2020

Pleading / Motion / Brief

20-01610

Defendant Travis County Clerk Dana DeBeauvoir's Counter-Petition to Align Early Voting Periods (Part 1/3)

April 10, 2020

April 10, 2020

Pleading / Motion / Brief

20-01610

Defendant Travis County Clerk Dana DeBeauvoir's Counter-Petition to Align Early Voting Periods (Part 3/3)

April 10, 2020

April 10, 2020

Pleading / Motion / Brief

20-01610

State of Texas's Response to Plaintiff-Intervenors' Application for Temporary Injunction

April 13, 2020

April 13, 2020

Pleading / Motion / Brief

Resources

Docket

Last updated Sept. 9, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: March 20, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Texas Democratic Party

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas, State

Case Details

Causes of Action:

State law

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

COVID-19:

Mitigation Granted

Mitigation Requested

Voting:

Election administration