Case: Texas Democratic Party v. Abbott

5:20-cv-00438 | U.S. District Court for the Western District of Texas

Filed Date: April 7, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker.  On April 7, 2020, the Chair of the Texas Democratic Party, the Texas Democratic Party, and individual voters filed this lawsuit in the Western District of Texas. The plaintiffs sued the Governor of Texas, the Texas Secretary of State, the Travis County Clerk, and the Bexar County Elections Administrator under Section 2 of the Voting Rights …

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. 


On April 7, 2020, the Chair of the Texas Democratic Party, the Texas Democratic Party, and individual voters filed this lawsuit in the Western District of Texas. The plaintiffs sued the Governor of Texas, the Texas Secretary of State, the Travis County Clerk, and the Bexar County Elections Administrator under Section 2 of the Voting Rights Act, 52 U.S.C. § 10301. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief. Specifically, the plaintiffs alleged that under the 14th and 15th Amendments, holding traditional elections would impose unconstitutional and illegal burdens on voters unless officials clarify state law to expand voting by mail in light of the state’s attempts to limit the spread of the COVID-19 pandemic. The case was assigned to Judge Samuel Frederick Biery. 

Earlier, on March 20, 2020, some of the plaintiffs had filed a state court lawsuit, Texas Democratic Party v. DeBeauvoir, seeking to determine the application of state law. There, the plaintiffs argued that state law allowed voters to cast their ballots by mail under the circumstances of the pandemic. According to the complaint, Texas authorities supported the conclusion that state law permits mail-in ballots under the circumstances of the pandemic. After a hearing on April 15, the court granted a temporary order allowing mail-in votes for the July elections due to the pandemic, with a hearing scheduled later on August 10 to determine what happens after the July elections. The ruling was later affirmed by the Fourteenth Circuit. The state appealed the ruling to the Supreme Court of Texas, which ruled that residents do not qualify under current state rules to receive a mail-in ballot.

The plaintiffs decided to file the subsequent federal suit in light of the U.S. Supreme Court's decision on the Wisconsin primary on April 6, 2020. In that case, Democratic National Committee v. Bostelmann, the Supreme Court held that it was too late to remedy constitutional harms. Thus, the plaintiffs here decided to act as early as possible, according to their complaint.

On April 29, 2020, the plaintiffs filed an amended complaint, including a Fourteenth Amendment Procedural Due Process claim and a voter intimidation claim. The same day, the plaintiffs filed a motion for a preliminary injunction. Specifically, the relief sought included (1) allowing the plaintiffs and voters like the plaintiffs to be eligible to receive a mail ballot, to cast that ballot, and to have that ballot counted by the appropriate authority; and, (2) enjoining the defendants from threatening voters or voter groups with criminal or civil sanction for voting by mail or communicating with or assisting voters in the process of vote by mail.

On May 11, the League of United Latin American Citizens (LULAC) and the Texas League of United Latin American Citizens sought to intervene. The motion was denied on May 13, as the request was within forty-eight hours of the scheduled hearing.

The defendants responded to the motion for preliminary injunction on May 12, claiming that sovereign immunity barred injunctive relief and requested that the Court abstain from ruling on the claims until the conclusion of the state court litigation, which was ongoing at the time.

On May 14, the Public Interest Legal Foundation and Landmark Legal Foundation filed an amicus brief in opposition to the plaintiff's motion for preliminary injunction. The same day, Harris County filed an amicus brief in support of the plaintiff's motion for preliminary injunction.

The court granted the plaintiff's preliminary injunction on May 19, stating that any eligible Texas voter who seeks to vote by mail in order to avoid transmission of COVID-19 may apply for, receive, and cast an absentee ballot in upcoming elections during the pendency of pandemic circumstances and that the defendants may not deny any mail ballots received. 461 F. Supp. 3d 406. The order remained valid until a judgment on the matter was issued, or the pandemic subsided.

The defendants immediately appealed to the U.S. Court of Appeals for the Fifth Circuit. The Bexar County Elections Administrator and the Attorney General of Texas also moved to dismiss the case on May 21 and May 27, respectively. On June 4, the Fifth Circuit stayed the preliminary injunction pending appeal. 961 F.3d 389. The court found that there was no evidence that the state had prevented the plaintiffs from voting. Plaintiffs appealed to the U.S. Supreme Court the next day, and the district court stayed the case pending the conclusion of the appellate proceedings. On June 26, the Supreme Court denied the application to vacate the stay. 140 S.Ct. 2015.

Following the Supreme Court’s denial of the application, plaintiffs sought to expedite their appeal in the Fifth Circuit, which was granted on July 17. In their arguments on appeal, defendants suggested jurisdictional bars and challenged all the bases on which the preliminary injunction had been granted, while plaintiffs defended the preliminary injunction based only on their Twenty-Sixth Amendment claim. 

On October 14, 2020, the Fifth Circuit vacated the preliminary injunction and remanded the case to the district court for further proceedings. 978 F.3d 168. First, the court held that the Texas governor and Texas attorney had sovereign immunity, but the case could proceed against the remaining defendants. On the merits, the court disagreed with plaintiffs’ claim that the Twenty-Sixth Amendment’s text and application during the COVID-19 pandemic prohibited allowing voters who were at least 65 years old to vote by mail without excuse. Instead of denying or abridging the right to vote in violation of the Twenty-Sixth Amendment, the state had simply conferred a benefit on another class of voters. The court did hold, however, that equal protection issues could come to the fore on remand, but declined to analyze the question further. The U.S. Supreme Court denied the plaintiffs' petition for certiorari. 141 S.Ct. 1124.

Back in the district court, Judge Biery invited the parties to present advisories to the court as to how they would like the litigation to proceed. LULAC and the Texas League of United Latin American Citizens renewed their motion to intervene, which the court granted on March 8, 2021. Plaintiff-intervenors subsequently filed a complaint alleging violations of Section 2 of the Voting Rights Act, the fundamental right to vote under the First and Fourteenth Amendments (including equal protection), and age discrimination in voting under the Twenty-Sixth Amendment.

At the request of the court, both plaintiffs and plaintiff-intervenors filed amended complaints clarifying the claims being asserted since the interlocutory appellate proceedings had been completed. Unlike the initial complaints, neither of the amended complaints named the Texas governor or Texas attorney general as defendants, since the Fifth Circuit had held that suits against them were barred by sovereign immunity. The court officially dismissed them as defendants on July 2, 2021. 

Meanwhile, on May 14, 2021, the Texas Secretary of State and the Bexar County Election Administrator filed motions to dismiss the plaintiffs’ and plaintiff-intervenors’ amended complaints for lack of subject matter jurisdiction and for failure to state a claim. The court granted the county election administrator’s motion to dismiss on August 9, 2021, finding that plaintiffs lacked standing to sue because she and the other county election officials had no authority to act independently of the Texas Secretary of State’s actions. Texas law placed all responsibility on the Secretary for designing the official required application, so the county officials had no role in determining whether the official application form expressed an unconstitutional absentee-voting provision. In the alternative, the court also found that plaintiffs and plaintiff-intervenors failed to state a claim against the county election administrator and other county election officials because their claims arose entirely from the acts and omissions of state officials, over which the county officials had no control. 

The case still proceeds against the Texas Secretary of State. As of April 13, 2022, the court has stayed the case (with the exception of filing motions and documents) and has set a briefing schedule regarding the Secretary’s motion to dismiss.

The case is ongoing. 

Summary Authors

Lily Sawyer-Kaplan (4/8/2020)

Averyn Lee (9/17/2020)

Zoe Goldstein (4/13/2022)

Related Cases

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17048773/parties/texas-democratic-party-v-abbott-governor-of-texas/


Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Costa, Gregg Jeffrey (Texas)

Ho, James Chiun-Yue (Texas)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Brazil, Kemble Scott (Texas)

Derfner, Armand Georges (South Carolina)

Dunn, Chad W (Texas)

Fisher, Jeffrey L. (California)

Fletcher, Brian H (California)

Golando, Martin (Texas)

Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Costa, Gregg Jeffrey (Texas)

Ho, James Chiun-Yue (Texas)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Brazil, Kemble Scott (Texas)

Derfner, Armand Georges (South Carolina)

Dunn, Chad W (Texas)

Fisher, Jeffrey L. (California)

Fletcher, Brian H (California)

Golando, Martin (Texas)

Grigg, Richard Alan (Texas)

Karlan, Pamela S. (California)

Meyerhoff, Robert Leslie (Texas)

Saldivar, Edgar (Texas)

Attorneys(s) for Defendant

Abrams, Michael (Texas)

Albright, Thomas A. (Texas)

Bangert, Ryan L (Texas)

Dippel, Leslie (Texas)

Emmert, Wade (Texas)

Gonzales, Joe D (Texas)

Green, Robert D (Texas)

Hawkins, Kyle Douglas (Texas)

Mackin, Anne Marie (Texas)

Mateer, Jeffrey C (Texas)

McCarty, Darren L. (Texas)

Paxton, Ken (Texas)

Pettit, Lenora C. (Texas)

Scanlon, Cory A (Texas)

Talley, Sharon (Texas)

Thomas, Sherine Elizabeth (Texas)

Veidt, Cynthia W (Texas)

Williams, Andrew W (Texas)

Other Attorney(s)

Adams, J. Christian (Virginia)

Buser-Clancy, Thomas Paul (Texas)

Forys, Matthew C (Virginia)

Garza, Jose (Texas)

Gonzalez, Joaquin Robert (Texas)

Hays, Susan (Texas)

Holt, Dallin B (Virginia)

Lakin, Sophia L. (New York)

Lemond, Scott (Texas)

Marziani, Mimi Murray Digby (Texas)

O’Neill, Michael J (Virginia)

Phillips, Kaylan L. (Indiana)

Ryan, Vince (Texas)

Segura, Andre (Texas)

Stevens, Rebecca (Texas)

Taylor, [William] [Andy] Andrew [Andy] (Texas)

Vera, Luis R. Jr. (Texas)

Expert/Monitor/Master

Stein, Robert (Texas)

Winn, Michael (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

June 16, 2020 Docket
1

Complaint

April 7, 2020 Complaint
10

Plaintiffs' Motion for Preliminary Injunction

April 29, 2020 Pleading / Motion / Brief
9

Plaintiffs' First Amended Complaint

April 29, 2020 Complaint
37, 37-1

State Defendants' Response to Lulac and Texas Lulac's Motion to Intervene

May 12, 2020 Pleading / Motion / Brief
39, 39-1, 39-2, 39-3, 39-4, 39-5

State Defendant's Response to Plaintiffs' Motion for Preliminary Injunction

May 12, 2020 Pleading / Motion / Brief
48

Brief of the Republican Party of Texas as Amicus Curie in Opposition to Plaintiffs' Motion for Preliminary Injunction

May 13, 2020 Pleading / Motion / Brief
44

Memorandum of the Mexican American Legislative Caucus, Texas House of Representatives as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction

May 13, 2020 Pleading / Motion / Brief
73

Amici Curiae Brief of Public Interest Legal Foundation and Landmark Legal Foundation in Opposition to Plaintiffs' Motion for Preliminary Injunction

May 14, 2020 Pleading / Motion / Brief
49 & 49-1

Defendant Bexar County Elections Administrator Jacque Callanen's Response to Plaintiffs' Motion for Preliminary Injunction

May 14, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Texas Democratic Party v. Abbott

Campaign Legal Center

CLC is challenging Texas’s strict limitations on who can vote absentee even during the pendency of the COVID-19 crisis, which force voters to choose between jeopardizing their health by voting in per… May 11, 2020 https://campaignlegal.org/cases-actions/texas-democratic-party-v-abbott

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17048773/texas-democratic-party-v-abbott-governor-of-texas/

Last updated May 20, 2022, 5:21 a.m.

ECF Number Description Date Link
1

COMPLAINT ( Filing fee $ 400 receipt number 0542-13432334). No Summons requested at this time, filed by Joseph Daniel Cascino, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party, Brenda Li Garcia. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(Dunn, Chad) (Entered: 04/07/2020)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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April 7, 2020 RECAP

To be Referred to SA Mag Judge

April 7, 2020 PACER

Case Assigned/Reassigned

April 7, 2020 PACER

Case assigned to Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg)

April 7, 2020 PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (wg)

April 7, 2020 PACER
2

REQUEST FOR ISSUANCE OF SUMMONS by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party. (Dunn, Chad) (Entered: 04/20/2020)

April 20, 2020 RECAP
3

***DUPLICATE SUMMONS REQUEST FOR RUTH HUGHES ***REQUEST FOR ISSUANCE OF SUMMONS by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party. (Dunn, Chad) Modified on 4/20/2020 (wg). (Entered: 04/20/2020)

April 20, 2020 PACER
4

REQUEST FOR ISSUANCE OF SUMMONS by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party. (Dunn, Chad) (Entered: 04/20/2020)

April 20, 2020 PACER
5

***NOTIFIED COUNSEL, DUPLICATE FILING OF REQUESTED SUMMONS ***DEFICIENCY NOTICE: re 3 Request for Issuance of Summons, (wg) (Entered: 04/20/2020)

April 20, 2020 PACER
6

Summons Issued as to Dana DeBeauvoir, Travis County Clerk, Ruth Hughs, Texas Secretary of State. (wg) (Entered: 04/20/2020)

April 20, 2020 PACER
7

REQUEST FOR ISSUANCE OF SUMMONS by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party. (Dunn, Chad) (Entered: 04/20/2020)

April 20, 2020 PACER
8

Summons Issued as to Jacquelyn F. Callanen, Bexar County Elections Administrator. (wg) (Entered: 04/21/2020)

April 21, 2020 PACER
9

AMENDED COMPLAINT against All Defendants amending 1 Complaint,., filed by Joseph Daniel Cascino, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party, Brenda Li Garcia.(Dunn, Chad) (Entered: 04/29/2020)

April 29, 2020 RECAP
10

MOTION for Preliminary Injunction by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party. (Attachments: # 1 Exhibit 1 State Court Hearing Record, # 2 Exhibit 2 OAG Press Release, # 3 Exhibit 3 State of Texas' Plea to the Jurisdiction, # 4 Exhibit 4 Court Order on TI, # 5 Proposed Order)(Dunn, Chad) (Entered: 04/29/2020)

1 Exhibit 1 State Court Hearing Record

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2 Exhibit 2 OAG Press Release

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3 Exhibit 3 State of Texas' Plea to the Jurisdiction

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4 Exhibit 4 Court Order on TI

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5 Proposed Order

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April 29, 2020 RECAP
11

MOTION for Leave to Exceed Page Limitation by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Dunn, Chad) (Entered: 04/29/2020)

1 Proposed Order

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April 29, 2020 PACER
12

REQUEST FOR ISSUANCE OF SUMMONS by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party. (Dunn, Chad) (Entered: 04/29/2020)

April 29, 2020 PACER
13

Summons Reissued with Amended Complaint as to (Ken Paxton, Texas Atty. General)Greg Abbott, Governor of Texas, Jacquelyn F. Callanen, Bexar County Elections Administrator, Dana DeBeauvoir, Travis County Clerk, Ruth Hughs, Texas Secretary of State. (wg) (Entered: 04/29/2020)

April 29, 2020 PACER
15

ORDER SETTING HEARING re 10 MOTION for Preliminary Injunction filed by Brenda Li Garcia, Shanda Marie Sansing, Joseph Daniel Cascino, Gilberto Hinojosa, Chair of the Texas Democratic Party, Texas Democratic Party, ( Motion Hearing set for 5/15/2020 09:00 AM before Judge Fred Biery,)The Clerk of this Court is DIRECTED to send a copy of this Order by certified mail return receipt requested to The Honorable Greg Abbott, Governor of the State of Texas; The Honorable Ken Paxton, Texas Attorney General; The Honorable Ruth Hughes, Texas Secretary of State; The Honorable Dana Debeauvoir, Travis County Clerk; and Bexar County Elections Administrator Jacquelyn F. Callanen. Signed by Judge Fred Biery. (wg) (Entered: 05/04/2020)

May 3, 2020 RECAP
14

ORDER GRANTING 11 Motion for Leave to File Excess Pages Signed by Judge Fred Biery. (wg) (Entered: 05/04/2020)

May 4, 2020 PACER
16

Certified Mail Receipt of 15 Order,,, Set Motion Hearings,, (wg) (Entered: 05/04/2020)

May 4, 2020 PACER
17

NOTICE of Attorney Appearance by Michael Abrams on behalf of Greg Abbott, Governor of Texas, Ruth Hughs, Texas Secretary of State, Ken Paxton. Attorney Michael Abrams added to party Greg Abbott, Governor of Texas(pty:dft), Attorney Michael Abrams added to party Ruth Hughs, Texas Secretary of State(pty:dft), Attorney Michael Abrams added to party Ken Paxton(pty:dft) (Abrams, Michael) (Entered: 05/05/2020)

May 5, 2020 PACER
18

NOTICE of Attorney Appearance by Anne Marie Mackin on behalf of Greg Abbott, Governor of Texas, Ruth Hughs, Texas Secretary of State, Ken Paxton. Attorney Anne Marie Mackin added to party Greg Abbott, Governor of Texas(pty:dft), Attorney Anne Marie Mackin added to party Ruth Hughs, Texas Secretary of State(pty:dft), Attorney Anne Marie Mackin added to party Ken Paxton(pty:dft) (Mackin, Anne) (Entered: 05/05/2020)

May 5, 2020 PACER
19

NOTICE of Attorney Appearance by Cory A. Scanlon on behalf of Greg Abbott, Governor of Texas, Ruth Hughs, Texas Secretary of State, Ken Paxton. Attorney Cory A. Scanlon added to party Greg Abbott, Governor of Texas(pty:dft), Attorney Cory A. Scanlon added to party Ruth Hughs, Texas Secretary of State(pty:dft), Attorney Cory A. Scanlon added to party Ken Paxton(pty:dft) (Scanlon, Cory) (Entered: 05/05/2020)

May 5, 2020 PACER
20

MOTION to Appear Pro Hac Vice by Chad W. Dunn (Rob Meyerhoff for TDP) ( Filing fee $ 100 receipt number 0542-13535043) by on behalf of Texas Democratic Party. (Dunn, Chad) (Entered: 05/05/2020)

May 5, 2020 PACER
21

ORDER GRANTING 20 Motion to Appear Pro Hac Vice (Robert L. Meyerhoff). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (wg) (Entered: 05/06/2020)

May 6, 2020 PACER
22

NOTICE of Attorney Appearance by Leslie W. Dippel on behalf of Dana DeBeauvoir, Travis County Clerk. Attorney Leslie W. Dippel added to party Dana DeBeauvoir, Travis County Clerk(pty:dft) (Dippel, Leslie) (Entered: 05/06/2020)

May 6, 2020 PACER
23

NOTICE of Attorney Appearance by Sherine Elizabeth Thomas on behalf of Dana DeBeauvoir, Travis County Clerk. Attorney Sherine Elizabeth Thomas added to party Dana DeBeauvoir, Travis County Clerk(pty:dft) (Thomas, Sherine) (Entered: 05/06/2020)

May 6, 2020 PACER
24

NOTICE of Attorney Appearance by Cynthia W. Veidt on behalf of Dana DeBeauvoir, Travis County Clerk. Attorney Cynthia W. Veidt added to party Dana DeBeauvoir, Travis County Clerk(pty:dft) (Veidt, Cynthia) (Entered: 05/06/2020)

May 6, 2020 PACER
25

NOTICE of Attorney Appearance by Andrew M. Williams on behalf of Dana DeBeauvoir, Travis County Clerk. Attorney Andrew M. Williams added to party Dana DeBeauvoir, Travis County Clerk(pty:dft) (Williams, Andrew) (Entered: 05/06/2020)

May 6, 2020 PACER
26

NOTICE of Attorney Appearance by Sharon Talley on behalf of Dana DeBeauvoir, Travis County Clerk. Attorney Sharon Talley added to party Dana DeBeauvoir, Travis County Clerk(pty:dft) (Talley, Sharon) (Entered: 05/06/2020)

May 6, 2020 PACER
27

Recd. Certified Mail Receipt Acknowledgment Card as to Ms. Jacquelyn F. Callanen 15 Order, Set Motion Hearings,, (wg) (Entered: 05/07/2020)

May 7, 2020 PACER
28

NOTICE of Attorney Appearance by Robert D. Green on behalf of Jacquelyn F. Callanen, Bexar County Elections Administrator. Attorney Robert D. Green added to party Jacquelyn F. Callanen, Bexar County Elections Administrator(pty:dft) (Green, Robert) (Entered: 05/07/2020)

May 7, 2020 PACER
29

Remark: Recd. Executed Acknowledgment Card dated 5/7/2020 as to Doc #15. (wg) (Entered: 05/11/2020)

May 11, 2020 RECAP
30

MOTION to Intervene by League of United Latin American Citizens (LULAC), Texas League of United Latin American Citizens. (Attachments: # 1 Proposed Order, # 2 Exhibit Intervenors Complaint)(wg) (Entered: 05/11/2020)

1 Proposed Order

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2 Exhibit Intervenors Complaint

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May 11, 2020 RECAP
31

MOTION to Appear Pro Hac Vice (Jonathan Diaz) ( Filing fee $ 100 receipt number 500054194) by League of United Latin American Citizens (LULAC), Texas League of United Latin American Citizens. (Attachments: # 1 Exhibit Receipt Fee Paid)(wg) (Entered: 05/11/2020)

1 Exhibit Receipt Fee Paid

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May 11, 2020 PACER
32

MOTION to Appear Pro Hac Vice ( Filing fee $ 100 receipt number 500054195) by League of United Latin American Citizens (LULAC), Texas League of United Latin American Citizens. (Attachments: # 1 Supplement Pro Hac Vice Fee)(wg) (Entered: 05/11/2020)

1 Supplement Pro Hac Vice Fee

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May 11, 2020 PACER
33

MOTION to Appear Pro Hac Vice (Molly Danahy) ( Filing fee $ 100 receipt number 500054196) by Texas League of United Latin American Citizens. (Attachments: # 1 Supplement pro Hac vice Fee)(wg) (Entered: 05/11/2020)

1 Supplement pro Hac vice Fee

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May 11, 2020 PACER
34

MOTION to Appear Pro Hac Vice (Danielle Lang) ( Filing fee $ 100 receipt number 500054197) by League of United Latin American Citizens (LULAC), Texas League of United Latin American Citizens. (Attachments: # 1 Supplement Pro Hac Vice Fee)(wg) (Entered: 05/11/2020)

1 Supplement Pro Hac Vice Fee

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May 11, 2020 PACER
35

MOTION to Appear Pro Hac Vice (Robert Weiner) ( Filing fee $ 100 receipt number 500054198) by League of United Latin American Citizens (LULAC), Texas League of United Latin American Citizens. (Attachments: # 1 Supplement pro Hac Vice fee)(wg) (Entered: 05/11/2020)

1 Supplement pro Hac Vice fee

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May 11, 2020 PACER
36

ORDER SETTING TIME LIMITS FOR PRELIMINARY INJUNCTION HEARING re 15 Order,,, Set Motion Hearings,,. Signed by Judge Fred Biery. (wg) (Entered: 05/12/2020)

May 12, 2020 RECAP
37

RESPONSE to Motion, filed by Greg Abbott, Governor of Texas, Ruth Hughs, Texas Secretary of State, Ken Paxton, re 30 MOTION to Intervene filed by Movant League of United Latin American Citizens (LULAC), Movant Texas League of United Latin American Citizens (Attachments: # 1 Proposed Order)(Abrams, Michael) (Entered: 05/12/2020)

1 Proposed Order

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May 12, 2020 RECAP
38

Unopposed MOTION for Leave to Exceed Page Limitation by Greg Abbott, Governor of Texas, Ruth Hughs, Texas Secretary of State, Ken Paxton. (Attachments: # 1 Proposed Order)(Abrams, Michael) (Entered: 05/12/2020)

1 Proposed Order

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May 12, 2020 PACER
39

RESPONSE to Motion, filed by Greg Abbott, Governor of Texas, Ruth Hughs, Texas Secretary of State, Ken Paxton, re 10 MOTION for Preliminary Injunction filed by Plaintiff Brenda Li Garcia, Plaintiff Shanda Marie Sansing, Plaintiff Joseph Daniel Cascino, Plaintiff Gilberto Hinojosa, Chair of the Texas Democratic Party, Plaintiff Texas Democratic Party (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Abrams, Michael) (Entered: 05/12/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Proposed Order

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May 12, 2020 RECAP
40

ORDER DENYING 30 Motion to Intervene filed by League of United Latin American Citizens, and Texas League of United Latin American Citizens. Signed by Judge Fred Biery. (wg) (Entered: 05/13/2020)

May 13, 2020 RECAP
41

MOTION for Leave to File Amicus BriefUnopposed by Dallin B. Holt. by The Republican Party of Texas. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Holt, Dallin) (Entered: 05/13/2020)

1 Amicus Brief

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2 Proposed Order

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May 13, 2020 RECAP
42

MOTION for leave to file amicus by Mexican American Legislative Caucus. (Attachments: # 1 Brief, # 2 Proposed Order)(Garza, Jose) (Entered: 05/13/2020)

1 Brief

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2 Proposed Order

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May 13, 2020 PACER
43

ORDER GRANTING re 42 MOTION for leave to file amicus filed by Mexican American Legislative Caucus. Signed by Judge Fred Biery. (wg) (Entered: 05/13/2020)

May 13, 2020 PACER
44

AMICI CURIAE BRIEF regarding 10 MOTION for Preliminary Injunction by Mexican American Legislative Caucus. (wg) (Entered: 05/13/2020)

May 13, 2020 PACER
45

ORDER GRANTING 38 Motion for Leave to File Excess Pages Signed by Judge Fred Biery. (wg) (Entered: 05/13/2020)

May 13, 2020 PACER
46

ORDER DISMISSING AS MOOT 31 Motion to Appear Pro Hac Vice ; 32 Motion to Appear Pro Hac Vice ; 33 Motion to Appear Pro Hac Vice ; 34 Motion to Appear Pro Hac Vice ; 35 Motion to Appear Pro Hac Vice Signed by Judge Fred Biery. (wg) (Entered: 05/13/2020)

May 13, 2020 PACER
47

ORDER GRANTING 41 Motion for Leave to File Amicus Brief Signed by Judge Fred Biery. (wg) (Entered: 05/13/2020)

May 13, 2020 PACER
48

REPUBLICAN PARTY BRIEF AMICUS CURIE in Opposition, regarding 10 Plaintiff's Motion for Preliminary Injunction by The Republican Party of Texas. (wg) (Entered: 05/13/2020)

May 13, 2020 PACER
49

RESPONSE to Motion, filed by Jacquelyn F. Callanen, Bexar County Elections Administrator, re 10 MOTION for Preliminary Injunction filed by Plaintiff Brenda Li Garcia, Plaintiff Shanda Marie Sansing, Plaintiff Joseph Daniel Cascino, Plaintiff Gilberto Hinojosa, Chair of the Texas Democratic Party, Plaintiff Texas Democratic Party (Attachments: # 1 Exhibit Bexar County Criminal District Attorney Opinion)(Green, Robert) (Entered: 05/14/2020)

1 Exhibit Bexar County Criminal District Attorney Opinion

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May 14, 2020 PACER
50

Proposed Findings of Fact by Greg Abbott, Governor of Texas, Ruth Hughs, Texas Secretary of State, Ken Paxton. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Abrams, Michael) (Entered: 05/14/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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May 14, 2020 RECAP
51

Unopposed MOTION for Leave to File Amicus Brieffor Harris County, Texas by Susan Hays. by Harris County. (Attachments: # 1 Exhibit A-Amicus Brief, # 2 Appendix Appendix to Amicus, # 3 Proposed Order Proposed Order)(Hays, Susan) (Entered: 05/14/2020)

1 Exhibit A-Amicus Brief

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2 Appendix Appendix to Amicus

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3 Proposed Order Proposed Order

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May 14, 2020 PACER
52

Proposed Findings of Fact by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party. (Dunn, Chad) (Entered: 05/14/2020)

May 14, 2020 RECAP
53

NOTICE of Filing Exhibit List by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Dunn, Chad) (Entered: 05/14/2020)

May 14, 2020 PACER
54

NOTICE of Filing Preliminary Injunction Proposed Order by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Dunn, Chad) (Entered: 05/14/2020)

May 14, 2020 PACER
55

Unopposed MOTION for Leave to Exceed Page Limitation by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Dunn, Chad) (Entered: 05/14/2020)

1 Proposed Order

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May 14, 2020 PACER
56

REPLY to Response to Motion, filed by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party, re 10 MOTION for Preliminary Injunction filed by Plaintiff Brenda Li Garcia, Plaintiff Shanda Marie Sansing, Plaintiff Joseph Daniel Cascino, Plaintiff Gilberto Hinojosa, Chair of the Texas Democratic Party, Plaintiff Texas Democratic Party (Dunn, Chad) (Entered: 05/14/2020)

May 14, 2020 RECAP
57

MOTION for Leave to File Amici Curiae Brief by Landmark Legal Foundation, Public Interest Legal Foundation. (Attachments: # 1 Brief Amicus Brief, # 2 Proposed Order Proposed Order)(Taylor, Andy) (Entered: 05/14/2020)

1 Brief Amicus Brief

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2 Proposed Order Proposed Order

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May 14, 2020 PACER
58

NOTICE of Filing Exhibit 1 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 1)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 1

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May 14, 2020 PACER
59

NOTICE of Filing Exhibit 2 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 2)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 2

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May 14, 2020 PACER
60

NOTICE of Filing Exhibit 3 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 3)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 3

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May 14, 2020 PACER
61

NOTICE of Filing Exhibit 4 and Exhibit 5 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 4, # 2 Exhibit 5)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 4

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2 Exhibit 5

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May 14, 2020 PACER
62

ORDER GRANTING 51 Motion of Harris County for Leave to File Amicus Brief Signed by Judge Fred Biery. (rg) (Entered: 05/14/2020)

May 14, 2020 PACER
63

NOTICE of Filing Exhibit 6, Exhibit 7, Exhibit 8, Exhibit 9 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 9)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 6

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2 Exhibit 7

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3 Exhibit 8

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4 Exhibit 9

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May 14, 2020 PACER
64

NOTICE of Filing Exhibit 10, Exhibit 11, Exhibit 12 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 12)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 10

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2 Exhibit 11

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3 Exhibit 12

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May 14, 2020 PACER
65

NOTICE of Filing Exhibit 13, Exhibit 14, Exhibit 15 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 13

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2 Exhibit 14

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3 Exhibit 15

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May 14, 2020 PACER
66

AMICUS BRIEF in support of plaintiff's 10 MOTION for Preliminary Injunction by Harris County. (Attachments: # 1 Appendix)(rg) (Entered: 05/14/2020)

1 Appendix

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May 14, 2020 PACER
67

NOTICE of Filing Exhibit 16, Exhibit 17, Exhibit 18, Exhibit 19, Exhibit 20 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 16

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2 Exhibit 17

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3 Exhibit 18

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4 Exhibit 19

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5 Exhibit 20

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May 14, 2020 PACER
68

NOTICE of Filing Exhibit 21, Exhibit 22 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 21, # 2 Exhibit 22)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 21

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2 Exhibit 22

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May 14, 2020 PACER
69

NOTICE of Filing Notice of Supplemental Authority by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Brazil, K.) (Entered: 05/14/2020)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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May 14, 2020 PACER
70

ORDER GRANTING 57 Motion leave to file Amicus Curiae Brief of Public Interest Legal Foundation and Landmark Legal Foundation. Signed by Judge Fred Biery. (rg) (Entered: 05/14/2020)

May 14, 2020 PACER
71

NOTICE of Filing Exhibit 23, Exhibit 24, Exhibit 25, Exhibit 26, Exhibit 27 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 23, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 23

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2 Exhibit 24

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3 Exhibit 25

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4 Exhibit 26

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5 Exhibit 27

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May 14, 2020 PACER
72

NOTICE of Filing Exhibit 28, Exhibit 29, Exhibit 30, Exhibit 31, Exhibit 32 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 28, # 2 Exhibit 29, # 3 Exhibit 30, # 4 Exhibit 31, # 5 Exhibit 32)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 28

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2 Exhibit 29

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3 Exhibit 30

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4 Exhibit 31

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5 Exhibit 32

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May 14, 2020 PACER
73

AMICI CURIAE BRIEF in opposition to plaintiff's 10 MOTION for Preliminary Injunction by Landmark Legal Foundation, Public Interest Legal Foundation. (rg) (Entered: 05/14/2020)

May 14, 2020 PACER
74

NOTICE of State Court Order by Greg Abbott, Governor of Texas, Ruth Hughs, Texas Secretary of State, Ken Paxton (Attachments: # 1 State Court Order and Dissent)(Abrams, Michael) (Entered: 05/14/2020)

1 State Court Order and Dissent

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May 14, 2020 PACER
75

NOTICE of Filing Exhibit 34, Exhibit 35, Exhibit 36, Exhibit 37, Exhibit 38 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 34, # 2 Exhibit 35, # 3 Exhibit 36, # 4 Exhibit 37, # 5 Exhibit 38)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 34

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2 Exhibit 35

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3 Exhibit 36

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4 Exhibit 37

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5 Exhibit 38

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May 14, 2020 PACER
76

NOTICE of Filing Exhibit 39, Exhibit 40, Exhibit 41 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 39, # 2 Exhibit 40, # 3 Exhibit 41)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 39

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2 Exhibit 40

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3 Exhibit 41

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May 14, 2020 PACER
77

NOTICE of Filing Exhibit 42, Exhibit 43, Exhibit 44, Exhibit 45 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 42, # 2 Exhibit 43, # 3 Exhibit 44, # 4 Exhibit 45)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 42

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2 Exhibit 43

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3 Exhibit 44

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4 Exhibit 45

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May 14, 2020 PACER
78

NOTICE of Filing Exhibit 46, Exhibit 47, Exhibit 48, Exhibit 49 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 46, # 2 Exhibit 47, # 3 Exhibit 48, # 4 Exhibit 49)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 46

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2 Exhibit 47

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3 Exhibit 48

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4 Exhibit 49

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May 14, 2020 PACER
79

NOTICE of Filing Exhibit 51, Exhibit 52, Exhibit 53, Exhibit 54, Exhibit 55 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 51, # 2 Exhibit 52, # 3 Exhibit 53, # 4 Exhibit 54, # 5 Exhibit 55)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 51

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2 Exhibit 52

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3 Exhibit 53

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4 Exhibit 54

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5 Exhibit 55

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May 14, 2020 PACER
80

NOTICE of Filing Exhibit 50 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 50)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 50

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May 14, 2020 PACER
81

NOTICE of Filing Exhibit 33 by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Attachments: # 1 Exhibit 33)(Dunn, Chad) (Entered: 05/14/2020)

1 Exhibit 33

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May 14, 2020 PACER
83

Recd. Acknowledgment Card Executed on Gov. Gregg Abbott. (wg) (Entered: 05/15/2020)

May 14, 2020 RECAP
82

ORDER GRANTING 55 Motion for Leave to File Excess Pages Signed by Judge Fred Biery. (wg) (Entered: 05/15/2020)

May 15, 2020 PACER
84

TRANSCRIPT REQUEST by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party for proceedings held on May 15, 2020. Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter: Chris Poage. (Dunn, Chad) (Entered: 05/15/2020)

May 15, 2020 RECAP
89

Minute Entry for proceedings held before Judge Fred Biery: Taken under Advisement, written Order forthcoming.Motion Hearing held on 5/15/2020 re 10 MOTION for Preliminary Injunction filed by Brenda Li Garcia, Shanda Marie Sansing, Joseph Daniel Cascino, Gilberto Hinojosa, Chair of the Texas Democratic Party, Texas Democratic Party (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(wg) (Entered: 05/18/2020)

May 15, 2020 PACER
85

Transcript filed of Proceedings held on 5/15/2020, Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter/Transcriber: Chris Poage, Telephone number: 210-244-5036 Email: chris_poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 6/8/2020, Redacted Transcript Deadline set for 6/16/2020, Release of Transcript Restriction set for 8/14/2020, (cp) (Entered: 05/16/2020)

May 16, 2020 PACER
86

NOTICE State Defendants' Notice of State Court Order by Greg Abbott, Governor of Texas, Ruth Hughs, Texas Secretary of State, Ken Paxton (Attachments: # 1 Exhibit A)(Abrams, Michael) (Entered: 05/18/2020)

1 Exhibit A

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May 18, 2020 PACER
87

NOTICE of Filing Second Revised Proposed Order on Preliminary Injunction 10 filed by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party (Dunn, Chad) (Entered: 05/18/2020)

May 18, 2020 PACER
88

ADVISORY TO THE COURT by Joseph Daniel Cascino, Brenda Li Garcia, Gilberto Hinojosa, Chair of the Texas Democratic Party, Shanda Marie Sansing, Texas Democratic Party. (Attachments: # 1 Texas Supreme Court Stay Order Issued, # 2 Texas Supreme Court Setting Oral Argument, # 3 NBER Whitepaper (May 2020))(Dunn, Chad) (Entered: 05/18/2020)

1 Texas Supreme Court Stay Order Issued

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2 Texas Supreme Court Setting Oral Argument

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3 NBER Whitepaper (May 2020)

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May 18, 2020 PACER
90

***ORDER VACATED, PER 5TH CIRCUIT ORDER, DOC # 120 ***ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION 10 Motion for Preliminary Injunction. IT IS FURTHER ORDERED that this Order shall remain in full force and effect until a Judgment is issued in this matter or until such time as the pandemic circumstances giving rise to this Order subside. IT IS FINALLY ORDERED that defendants may petition this Court, upon giving notice and opportunity to be heard to plaintiffs, that the Order should be dissolved for any reason, including that the state courts have resolved issues of a matter of state law that render this injunction unnecessary or because the pandemic circumstances giving rise to it have subsided. Signed by Judge Fred Biery. (wg) (Main Document 90 replaced on 5/20/2020) (kc). Modified on 5/20/2020 to replace unreadable exhibit(kc). Modified on 11/16/2020 (wg). (Entered: 05/19/2020)

May 19, 2020 RECAP
91

Appeal of Order entered by District Judge 90 by Greg Abbott, Governor of Texas, Ruth Hughs, Texas Secretary of State, Ken Paxton. ( Filing fee $ 505 receipt number 0542-13587165) (Abrams, Michael) (Entered: 05/19/2020)

May 19, 2020 RECAP
92

NOTICE OF APPEAL following 91 Notice of Appeal (E-Filed) by Greg Abbott, Governor of Texas, Jacquelyn F. Callanen, Bexar County Elections Administrator, Dana DeBeauvoir, Travis County Clerk, Ruth Hughs, Texas Secretary of State, Ken Paxton. Filing fee $ 505, receipt number 0542-13587165. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (wg) (Entered: 05/20/2020)

May 19, 2020 PACER

Certification of the Electronic Record on Appeal in USCA #20-50407 has been accepted by the 5th Circuit. re 91 92 Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (dtg)

May 20, 2020 PACER
93

MOTION to Re-urge re 40 Order on Motion to Intervene by League of United Latin American Citizens (LULAC), Texas League of United Latin American Citizens. (Attachments: # 1 Proposed Order)(Vera, Luis) (Entered: 05/20/2020)

1 Proposed Order

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May 20, 2020 PACER
94

ORDER of USCA (certified copy). re 91 92 Notice of Appeal.***IT IS ORDERED that the motion of appellants for stay pending appeal is temporarily held in abeyance pending further order by this motions panel. The appellees are directed to respond to the motion for stay by 3:00pm Thursday May 21, 2020.IT IS ORDERED that the alternative motion of appellants for a temporary stay pending appeal while the court considers the motion for stay pending appeal is GRANTED.*** (Attachments: # 1 TRANSMITTAL LETTER FROM USCA5)(dtg) (Entered: 05/21/2020)

1 TRANSMITTAL LETTER FROM USCA5

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May 20, 2020 PACER

Notice of Appeal

May 20, 2020 PACER

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 7, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are the Chair of the Texas Democratic Party, the Texas Democratic Party, and individual voters. The plaintiff-intervenors are LULAC and TX League of United Latin American Citizens.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Texas, State

Texas Secretary of State, State

Travis County Clerk (Travis), County

Bexar County Clerk (Bexar), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Disparate Impact

Voting

Voting access

Discrimination-basis:

Age discrimination

Language discrimination

Race discrimination

Race:

Race, unspecified

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Voting:

Election administration