Case: Arizonans for Fair Elections v. Hobbs

2:20-cv-00658 | U.S. District Court for the District of Arizona

Filed Date: April 2, 2020

Clearinghouse coding complete

Case Summary

On April 2, 2020, two Arizona non-profit organizations and one Arizona elector filed this lawsuit against the Arizona Secretary of State and all Arizona County Recorders in the U.S. District Court for the District of Arizona. Represented by private counsel, the plaintiffs challenged the constitutionality of a state law governing the signature-gathering process for ballot initiative measures (Title 1, Chapter 19, Arizona Revised Statutes). Specifically, they argued that given the COVID-19 pandem…

On April 2, 2020, two Arizona non-profit organizations and one Arizona elector filed this lawsuit against the Arizona Secretary of State and all Arizona County Recorders in the U.S. District Court for the District of Arizona. Represented by private counsel, the plaintiffs challenged the constitutionality of a state law governing the signature-gathering process for ballot initiative measures (Title 1, Chapter 19, Arizona Revised Statutes). Specifically, they argued that given the COVID-19 pandemic, the law's prohibition on use of the state's online signature-gathering platform violated the First Amendment rights to freedom of speech and freedom of association. The plaintiffs requested declaratory relief and an injunction that would allow initiative petition proponents and supporters to use Arizona's secure online signature-collection system; they moved for a preliminary injunction to that effect. The case was assigned to Judge Dominic W. Lanza.

On April 6, 2020, the State of Arizona filed a motion to intervene as a defendant. On April 9, the court granted the State of Arizona's motion, finding that the State needed to be made a party in order to adequately resolve the case. 2020 WL 1808667. On April 8, 2020, the Speaker of Arizona House of Representatives filed a motion to intervene as a defendant. On April 10, the court denied the motion, finding that the Speaker's participation was not necessary in order to fairly litigate the merits of the case. 2020 WL 1821991.

Numerous amicus curiae filed briefs with the court regarding the motion for preliminary injunction.

On April 16, 2020, the State of Arizona filed a motion to conditionally certify the question as to whether the plaintiffs have standing to bring the claim in light of unchallenged state constitutional requirements about in-person voting. Since the question of state law could be dispositive, the defendant argued that the district court should certify the question to the Arizona Supreme Court so that the state law question could be resolved.

On April 17, 2020, Judge Lanza dismissed the plaintiffs' complaint due to a lack of subject matter jurisdiction. Specifically, he noted that the requested relief would be unlikely to redress the plaintiffs' injuries, that the plaintiffs failed to demonstrate a likelihood of success on the merits, and that granting a temporary restraining order would not be in the public interest. 2020 WL 1905747.

On April 20, 2020, the plaintiffs' appealed the district court's order to the U.S. Court of Appeals for the Ninth Circuit.

On May 5, the Ninth Circuit denied the plaintiffs' emergency motion for injunctive relief, as the plaintiffs did not challenge the Arizona constitutional requirement of in-person signatures. On May 18, the plaintiffs moved to dismiss the appeal voluntarily, and the next day the Ninth Circuit dismissed the appeal and canceled the mediation.

Summary Authors

Hope Brinn (4/23/2020)

Averyn Lee (6/9/2020)

Related Cases

Arizonans for Second Chances v. Hobbs, Arizona state supreme court (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17039471/parties/arizonans-for-fair-elections-v-hobbs/


Judge(s)
Attorney for Plaintiff

Andrews, Jillian Laura (Arizona)

Attorney for Defendant

Arellano, Daniel Abraham (Arizona)

Expert/Monitor/Master/Other

Adelman, Daniel Jay (Arizona)

Ahern, Jane (Arizona)

Aiken, Shawn K. (Arizona)

Documents in the Clearinghouse

Documents in this case

20-15719

Docket [PACER]

U.S. Court of Appeals for the Ninth Circuit

May 19, 2020

May 19, 2020

Docket

2:20-cv-00658

Docket [PACER]

May 19, 2020

May 19, 2020

Docket

20-00098

Docket

Arizonans for Second Chances v. Hobbs

Arizona state supreme court

June 15, 2020

June 15, 2020

Docket
1

2:20-cv-00658

Complaint and Request for Injunction

April 2, 2020

April 2, 2020

Complaint
2

2:20-cv-00658

Motion for Temporary Restraining Order and Preliminary Injunction

April 2, 2020

April 2, 2020

Pleading / Motion / Brief
46

2:20-cv-00658

State's Motion to Intervene

April 6, 2020

April 6, 2020

Pleading / Motion / Brief
53

2:20-cv-00658

Pima County Recorder's Response to Motion for Temporary Restraining Order and Preliminary Injunction

April 7, 2020

April 7, 2020

Pleading / Motion / Brief
59

2:20-cv-00658

Plaintiffs' Opposition to the State's Motion to Intervene

April 8, 2020

April 8, 2020

Pleading / Motion / Brief
60

2:20-cv-00658

Motion to Intervene of Proposed Intervenor Defendants Speaker of the Arizona House of Representatives and President of the Arizona Senate

April 8, 2020

April 8, 2020

Pleading / Motion / Brief
61

2:20-cv-00658

Order

April 9, 2020

April 9, 2020

Order/Opinion

335 F.R.D. 261

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17039471/arizonans-for-fair-elections-v-hobbs/

Last updated June 24, 2026, 5:52 a.m.

Docket for: Arizonans for Fair Elections v. Hobbs
ECF Number Date Description Link
1 April 2, 2020

COMPLAINT (TRO Requested). Filing fee received: $ 400.00, receipt number 0970-18138834 filed by Randi L Turk, Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Submitted by James E. Barton II) (Attachments: # 1 Civil Cover Sheet)(MSA) (Entered: 04/02/2020)

1 Civil Cover Sheet

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2 April 2, 2020

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections, Randi L Turk. (Submitted by James E. Barton II) (Attachments: # 1 Text of Proposed Order)(MSA) (Entered: 04/02/2020)

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3 April 2, 2020

AFFIDAVIT of Anabel Maldonado by Plaintiffs Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections, Randi L Turk. (Submitted by James E. Barton II ) (MSA) (Entered: 04/02/2020)

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4 April 2, 2020

AFFIDAVIT of Jessica Grennan by Plaintiffs Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections, Randi L Turk. (Submitted by James E. Barton II) (MSA) (Entered: 04/02/2020)

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5 April 2, 2020

AFFIDAVIT of Randi L. Turk by Plaintiffs Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections, Randi L Turk. (Submitted by James E. Barton II) (MSA) (Entered: 04/02/2020)

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6 April 2, 2020

Corporate Disclosure Statement by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections (Submitted by James E. Barton II) (MSA) (Entered: 04/02/2020)

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7 April 2, 2020

Filing fee paid, receipt number 0970-18138834. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-20-00658-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MSA) (Entered: 04/02/2020)

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8 April 2, 2020

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MSA) (Entered: 04/02/2020)

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9 April 3, 2020

ORDER: IT IS ORDERED that Plaintiffs shall serve Defendants with the complaint (Doc. 1), summons, motion for a TRO (Doc. 2), and this Order as soon as practicable, and in any case by April 6, 2020. Plaintiffs shall also file with the Court proof of service of Defendants. IT IS FURTHER ORDERED that Defendants shall file a Response to Plaintiffs' motion for a TRO (Doc. 2) by April 10, 2020. IT IS FURTHER ORDERED setting a hearing on Plaintiffs' motion for a TRO (Doc. 2) on April 14, 2020, at 10:30 a.m. Due to the Covid-19 pandemic, this will be a telephonic hearing. See D. Ariz. G.O. 20-17 ("To protect the safety and health of all those entering and working in the Courthouse, the Court ORDERS that all proceedings, except those court proceedings deemed necessary by the Court, are continued until further order of the Court.... Individual judges may hold hearings in civil matters as they deem necessary in the safest manner possible. Hearings deemed necessary by the Court will be scheduled and conducted by video teleconference or telephone to the extent possible."). Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes before the scheduled hearing. Counsel are advised that speaker phones and cell phones are not permitted [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/3/20. (MAW) (Entered: 04/03/2020)

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10 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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11 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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12 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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13 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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14 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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15 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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16 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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17 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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18 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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19 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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20 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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21 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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22 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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23 April 4, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/04/2020)

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24 April 6, 2020

Summons Issued as to Sadie Jo Bingham, Kristi Blair, Doris Clark, Richard Garcia, Patty Hansen, Wendy John, Virginia Ross, David Stevens. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/06/2020)

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25 April 6, 2020

NOTICE TO FILER OF DEFICIENCY re: 15 Summons Submitted filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections, 10 Summons Submitted filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections, 23 Summons Submitted filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections, 22 Summons Submitted filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. Names on summonses do not match complaint. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/06/2020)

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26 April 6, 2020

Summons Issued as to Suzanne Sainz. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/06/2020)

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27 April 6, 2020

NOTICE of Appearance by Jason Stanley Moore on behalf of Doris Clark. (Moore, Jason) (Entered: 04/06/2020)

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28 April 6, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/06/2020)

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29 April 6, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/06/2020)

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30 April 6, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/06/2020)

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31 April 6, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/06/2020)

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32 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/2/2020 to Adrian Fontes, Maricopa County Recorder. (Barton, James) *Modified text on 4/7/2020 (DXD). (Entered: 04/06/2020)

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33 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/2/2020 to F. Ann Rodriguez, Pima County Recorder. (Barton, James) *Modified text on 4/7/2020 (DXD). (Entered: 04/06/2020)

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34 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/2/2020 to Kristi Blair, Mohave County Recorder . (Barton, James) (Entered: 04/06/2020)

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35 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/3/2020 to Patty Hansen, Coconino County Recorder . (Barton, James) (Entered: 04/06/2020)

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36 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/2/2020 to Sharie Milheiro, Greenlee County Recorder . (Barton, James) (Entered: 04/06/2020)

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37 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/3/2020 to David Stevens . (Barton, James) (Entered: 04/06/2020)

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38 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/3/2020 to Virginia Ross, Pinal County Recorder . (Barton, James) (Entered: 04/06/2020)

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39 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/3/2020 to Doris Clark, Navajo County Recorder . (Barton, James) (Entered: 04/06/2020)

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40 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/3/2020 to Suzie Sainz, Santa Cruz County Recorder . (Barton, James) (Entered: 04/06/2020)

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41 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/3/2020 to Katie Hobs, Secretary of State . (Barton, James) (Entered: 04/06/2020)

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42 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/3/2020 to Robyn Pouquette, Yuma County Recorder . (Barton, James) (Entered: 04/06/2020)

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43 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/3/2020 to Leslie Hoffman, Yavapai County Recorder . (Barton, James) (Entered: 04/06/2020)

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44 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/2/2020 to Wendy John, Graham County Recorder. (Barton, James) *Modified text on 4/7/2020 (DXD). (Entered: 04/06/2020)

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45 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/2/2020 to Richard Garcia, La Paz County Recorder . (Barton, James) (Entered: 04/06/2020)

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46 April 6, 2020

MOTION to Intervene by State of Arizona. (Attachments: # 1 Text of Proposed Order)(Ensign, Drew) (Entered: 04/06/2020)

1 Text of Proposed Order

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47 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Affidavit of Service re: Complaint, Motion for Temporary Restraining Order, Affidavits, MIDP Notice, Hearing Order upon Edison Wauneka, Apache County Recorder on 04/06/2020. (Barton, James) (Entered: 04/06/2020)

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48 April 6, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Affidavit of Process re: Complaint, Summons, Motion for Temporary Restraining Order, Affidavits, MIDP Notice, Hearing Order upon Sadie Jo Bingham, Gila County Recorder on 04/06/2020. (Barton, James) (Entered: 04/06/2020)

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April 6, 2020

Notice of Deficiency (Text Only)

49 April 7, 2020

Summons Issued as to Leslie Hoffman, Sharie Miheiro, Robyn Pouquette. (Attachments: # 1 Summons, # 2 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/07/2020)

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50 April 7, 2020

NOTICE TO FILER OF DEFICIENCY re: 28 Summons Submitted filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. Defendant name does not match complaint. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/07/2020)

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51 April 7, 2020

SUMMONS Submitted by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/07/2020)

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52 April 7, 2020

SERVICE EXECUTED filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections: Rule 4 Waiver of Service of Summons. Waiver sent on 4/2/2020 to Sadie Jo Bingham, Gila County Recorder . (Barton, James) (Entered: 04/07/2020)

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53 April 7, 2020

RESPONSE to Motion re: 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by F Ann Rodriguez. (Jurkowitz, Daniel) (Entered: 04/07/2020)

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54 April 7, 2020

NOTICE of Appearance by Ryan Norton Dooley on behalf of Richard Garcia. (Dooley, Ryan) (Entered: 04/07/2020)

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April 7, 2020

Notice of Deficiency (Text Only)

55 April 8, 2020

Summons Issued as to Edison Wauneka. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/08/2020)

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56 April 8, 2020

NOTICE of Appearance by Joseph Eugene LaRue on behalf of Adrian Fontes. (LaRue, Joseph) (Entered: 04/08/2020)

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57 April 8, 2020

ORDER: The Court has reviewed the State of Arizona's motion to intervene (Doc. 46 ) and is inclined to grant it. However, because Plaintiffs appear to oppose the motion, they will be given an opportunity to respond before any final determination is made. Plaintiffs' response is due by Noon on April 9, 2020. This schedule will permit the State to comply with the existing TRO briefing schedule (Doc. 9 ) if intervention is permitted. Ordered by Judge Dominic W Lanza on 4/8/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/08/2020)

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58 April 8, 2020

NOTICE of Appearance by Daniel S Jurkowitz on behalf of F Ann Rodriguez. (Jurkowitz, Daniel) (Entered: 04/08/2020)

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59 April 8, 2020

*RESPONSE in Opposition re: 46 MOTION to Intervene filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections, Randi L Turk. (Barton, James) *Modified to add filer on 4/9/2020 (DXD). (Entered: 04/08/2020)

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60 April 8, 2020

MOTION to Intervene by Speaker of the Arizona House of Representatives, President of the Arizona Senate. (Attachments: # 1 Exhibit 1 - Draft Answer, # 2 Text of Proposed Order)(Cantelme, David) (Entered: 04/08/2020)

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April 8, 2020

~Util - Set/Reset Motion and R&R Deadlines/Hearings

April 8, 2020

Order

61 April 9, 2020

ORDER: IT IS ORDERED that the State of Arizona's motion to intervene (Doc. 46 ) is granted. As set out in a prior order, the State's response to the TRO motion is due no later than April 10, 2020 [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/9/20. (MAW) (Entered: 04/09/2020)

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62 April 9, 2020

RESPONSE to Motion re: 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Adrian Fontes. (LaRue, Joseph) (Entered: 04/09/2020)

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63 April 10, 2020

RESPONSE in Opposition re: 60 MOTION to Intervene filed by Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/10/2020)

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64 April 10, 2020

NOTICE of Appearance by Craig Charles Cameron on behalf of Virginia Ross. (Cameron, Craig) (Entered: 04/10/2020)

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65 April 10, 2020

*RESPONSE to Motion re: 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Virginia Ross. (Cameron, Craig) *Document not in Compliance with LRCiv 7.1(c). Attorney Notified on 4/13/2020 (DXD). (Entered: 04/10/2020)

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66 April 10, 2020

NOTICE of Appearance by William J Kerekes on behalf of Robyn Pouquette. (Kerekes, William) (Entered: 04/10/2020)

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67 April 10, 2020

Joinder re: 62 Response to Motion for Temporary Restraining Order by Defendant Robyn Pouquette. (Kerekes, William) (Entered: 04/10/2020)

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68 April 10, 2020

ORDER: The Court has received inquiries from media representatives who wish to listen to the April 14, 2020, motion hearing telephonically. Although the usual rule is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve[s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the April 14, 2020 hearing telephonically will be permitted. Those seeking access are directed to call (866) 390-1828; Access Code: 9667260 at least five minutes before the scheduled hearing. Participants are reminded that audiotaping the proceedings is prohibited. Ordered by Judge Dominic W Lanza on 4/10/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/10/2020)

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69 April 10, 2020

REPLY to Response to Motion re: 60 MOTION to Intervene filed by President of the Arizona Senate, Speaker of the Arizona House of Representatives. (Cantelme, David) (Entered: 04/10/2020)

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70 April 10, 2020

NOTICE of Appearance by Daniel Abraham Arellano on behalf of Katie Hobbs. (Arellano, Daniel) (Entered: 04/10/2020)

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71 April 10, 2020

NOTICE of Appearance by Jeffrey Blane Haws on behalf of Kristi Blair. (Haws, Jeffrey) (Entered: 04/10/2020)

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72 April 10, 2020

Joinder re: 65 Response to Motion, 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by Defendant Doris Clark. filed by Doris Clark. (Moore, Jason) (Entered: 04/10/2020)

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73 April 10, 2020

RESPONSE to Motion re: 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Kristi Blair. (Haws, Jeffrey) (Entered: 04/10/2020)

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74 April 10, 2020

**Corrected at (Doc. 77 )** RESPONSE in Opposition re: 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Arizona, State of. (Attachments: # 1 Affidavit Makar Declaration)(Ensign, Drew) *Modified on 4/13/2020 (DXD). (Entered: 04/10/2020)

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75 April 10, 2020

ORDER: IT IS ORDERED that Proposed Intervenors' motion to intervene (Doc. 60 ) is denied. IT IS FURTHER ORDERED authorizing Proposed Intervenors to file an amicus brief [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/10/20. (MAW) (Entered: 04/10/2020)

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76 April 10, 2020

MOTION to File Amicus Curiae by The Arizona Republican Party. (Attachments: # 1 Exhibit Amicus Brief, # 2 Text of Proposed Order Order)(Wilenchik, John) (Entered: 04/10/2020)

1 Exhibit Amicus Brief

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2 Text of Proposed Order Order

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77 April 10, 2020

RESPONSE in Opposition re: 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Corrected Brief) filed by Arizona, State of. (Attachments: # 1 Affidavit Makar Declaration)(Ensign, Drew) (Entered: 04/10/2020)

1 Affidavit Makar Declaration

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78 April 10, 2020

RESPONSE to Motion re: 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Response of Arizona Secretary of State Katie Hobbs to Motion for Temporary Restraining Order and Preliminary Injunction filed by Katie Hobbs. (Attachments: # 1 Affidavit Dul Declaration)(Herrera, Roy) (Entered: 04/10/2020)

1 Affidavit Dul Declaration

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April 10, 2020

Order

79 April 12, 2020

Additional Attachments to Main Document re: 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Affidavit of Christopher Gallaway by Plaintiffs Arizonans Fed up with Failing Healthcare, Arizonans for Fair Elections. (Barton, James) (Entered: 04/12/2020)

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80 April 13, 2020

Amicus Curiae APPEARANCE entered by Timothy Andrew LaSota on behalf of Arizona Free Enterprise Club. (Attachments: # 1 Exhibit Proposed Amicus Brief)(LaSota, Timothy) (Entered: 04/13/2020)

1 Exhibit Proposed Amicus Brief

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81 April 13, 2020

NOTICE of Appearance by Rose Marie Winkeler on behalf of Patty Hansen. (Winkeler, Rose) (Entered: 04/13/2020)

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82 April 13, 2020

MOTION for Reconsideration re: 75 Order on Motion to Intervene by President of the Arizona Senate, Speaker of the Arizona House of Representatives. (Cantelme, David) (Entered: 04/13/2020)

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83 April 13, 2020

ORDER: IT IS ORDERED that the Arizona Republican Party's motion for leave to file an amicus brief (Doc. 76 ) is granted. The Clerk of Court is directed to file the amicus brief (Doc. 76-1). No response or reply will be permitted regarding the amicus brief unless later ordered by the Court. IT IS FURTHER ORDERED that the Arizona Free Enterprise Club's motion for leave to file an amicus brief (Doc. 80 ) is granted. The Clerk of Court is directed to file the amicus brief (Doc. 80-1). No response or reply will be permitted regarding the amicus brief unless later ordered by the Court [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/13/20. (MAW) (Entered: 04/13/2020)

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84 April 13, 2020

NOTICE of Appearance by Kimberly Janiece Hunley on behalf of Suzanne Sainz. (Hunley, Kimberly) (Entered: 04/13/2020)

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85 April 13, 2020

Joinder re: 62 Response to Motion FOR TEMPORARY RESTRAINING ORDER by Defendant Suzanne Sainz. filed by Suzanne Sainz. (Hunley, Kimberly) (Entered: 04/13/2020)

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86 April 14, 2020

Amicus Curaie BRIEF by Amicus Arizona Republican Party. (DXD) (Entered: 04/14/2020)

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87 April 14, 2020

Amicus Curiae BRIEF by Amicus Arizona Free Enterprise Club. (DXD) (Entered: 04/14/2020)

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88 April 14, 2020

NOTICE of Appearance by Christine Joyce Roberts on behalf of David Stevens. (Roberts, Christine) (Entered: 04/14/2020)

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89 April 14, 2020

MOTION to File Amicus Curiae Brief by Goldwater Institute. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order Granting Leave to File Amicus Brief)(Sandefur, Timothy) (Entered: 04/14/2020)

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90 April 14, 2020

MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Motion Hearing held on 4/14/2020. Argument held. IT IS ORDERED taking under advisement 2 Motion for Temporary Restraining Order. APPEARANCES: Telephonic appearance by James Barton, II, for Plaintiffs. Telephonic appearances by Jeffrey Haws, Jason Moore, Joseph LaRue, Rose Winkeler, Daniel Arellano, Roy Herrera, Jr., Wiliam Kerekes, Daniel Jurkowitz, Craig Cameron and Kimberly Hunley for Defendants. Telephonic appearance by Drew Ensign for Intervenor Defendant. Telephonic appearance by Aaron Brown for the Speaker of the Arizona House of Representatives and the President of the Arizona State Senate. Also present on the phone: Jeff Dalton for Defendant Sadie Bingham, Thomas Stoxen for Defendant Leslie Hoffman and Jeremy Ford for Defendant Sharie Miheiro. (Court Reporter Candy Potter) Hearing held 10:38 AM to 12:04 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/14/2020)

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91 April 14, 2020

ORDER: For the reasons given in the Court's April 13, 2020 order (Doc. 83 ), IT IS ORDERED that the Goldwater Institute's motion to file amicus curiae brief (Doc. 89 ) is granted. The Clerk of Court is directed to file the amicus brief (Doc. 89-1). No response or reply will be permitted regarding the amicus brief unless later ordered by the Court. Ordered by Judge Dominic W Lanza on 4/14/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/14/2020)

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92 April 14, 2020

Amicus Curiae BRIEF by Amicus Goldwater Institute. (GMP) (Entered: 04/14/2020)

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93 April 14, 2020

TRANSCRIPT REQUEST State of Arizona's Transcript Request re 4/14/2020 Telephonic Motion Hearing by Arizona, State of for proceedings held on 4/14/2020, Judge Dominic W Lanza hearing judge(s). (Makar, Robert) (Entered: 04/14/2020)

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April 14, 2020

Order on Motion to File Amicus Curiae

April 14, 2020

Motion Hearing

Case Details

State / Territory:

Arizona

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 2, 2020

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Two Arizona non-profit organizations and one Arizona elector.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Apache County Recorder

Cochise County Recorder

Cococino County Recorder

Gila County Recorder

Graham County Recorder

Greenlee County Recorder

La Paz County Recorder

Maricopa County Recorder

Mohave County Recorder

Navajo County Recorder

Pima County Recorder

Pinal County Recorder

Santa Cruz County Recorder

Yavapai County Recorder

Yuma County Recorder

State

Arizona Secretary of State

State of Arizona

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Other Dockets:

District of Arizona 2:20-cv-00658

U.S. Court of Appeals for the Ninth Circuit 20-15719

Arizona state supreme court CV-20-0098-SA

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Election administration

Voting: General & Misc.

Recommended Citation