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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

COVID-19 Summary: Challenge to Arizona law requiring in-person signatures on ballot initiatives in light of the COVID-19 pandemic. The district court found for the defendants and the plaintiffs appealed to the Ninth Circuit. However, the plaintiffs voluntarily dismissed the appeal on May 19. 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 D…

COVID-19 Summary: Challenge to Arizona law requiring in-person signatures on ballot initiatives in light of the COVID-19 pandemic. The district court found for the defendants and the plaintiffs appealed to the Ninth Circuit. However, the plaintiffs voluntarily dismissed the appeal on May 19.


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 trial court (2020)

People

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


Judge(s)

Brutinel, Robert M. (Arizona)

Collins, Daniel Paul (California)

Lanza, Dominic William None (Arizona)

Nguyen, Jacqueline Hong-Ngoc (California)

Silverman, Barry G. (Arizona)

Attorneys(s) for Plaintiff

Andrews, Jillian Laura (Arizona)

Barton, James E. II (Arizona)

Desai, Roopali H. (Arizona)

Gaona, D. Andrew (Arizona)

Soto, Jaqueline Mendez (Arizona)

Judge(s)

Brutinel, Robert M. (Arizona)

Collins, Daniel Paul (California)

Lanza, Dominic William None (Arizona)

Nguyen, Jacqueline Hong-Ngoc (California)

Silverman, Barry G. (Arizona)

Attorneys(s) for Plaintiff

Andrews, Jillian Laura (Arizona)

Barton, James E. II (Arizona)

Desai, Roopali H. (Arizona)

Gaona, D. Andrew (Arizona)

Soto, Jaqueline Mendez (Arizona)

Torres, Israel G. (Arizona)

Attorneys(s) for Defendant

Arellano, Daniel Abraham (Arizona)

Branco, Joseph James (Arizona)

Cameron, Craig Charles (Arizona)

Dooley, Ryan Norton (Arizona)

Hanson, Britt Wesley (Arizona)

Haws, Jeffrey Blane (Arizona)

Herrera, Roy Jr. (Arizona)

Hunley, Kimberly Janiece (Arizona)

Jernigan, Greg (Arizona)

Jurkowitz, Daniel S. (Arizona)

Kerekes, William J. (Arizona)

LaRue, Joseph Eugene (Arizona)

Moore, Jason Stanley (Arizona)

Roberts, Christine Joyce (Arizona)

Winkeler, Rose Marie (Arizona)

Other Attorney(s)

Adelman, Daniel Jay (Arizona)

Ahern, Jane (Arizona)

Aiken, Shawn K. (Arizona)

Barnes, Rhonda L. (Arizona)

Brnovich, Mark (Arizona)

Brown, David Aaron (Arizona)

Cantelme, David J. (Arizona)

Eckstein, Paul F. (Arizona)

Ensign, Drew Curtis (Arizona)

Flores, Lisette (Arizona)

James, Becky S. (California)

Kanefield, Joseph Andrew (Arizona)

LaSota, Timothy Andrew (Arizona)

La Sota, Timothy (Arizona)

Makar, Robert John (Arizona)

Malloy, Tara (District of Columbia)

Miller, Lee (Arizona)

Napolitano, Anthony R. (Arizona)

Pappas, Andrew George (Arizona)

Roysden, Brunn Wall III (Arizona)

Sandefur, Timothy Mason (Arizona)

Sandler, Joseph Eric (District of Columbia)

Scharff, Spencer Garrett (Arizona)

Scheff, Stacy E. (Arizona)

Wilenchik, Dennis Ira (Arizona)

Winkler, Rachel (District of Columbia)

Wright, Jennifer J. (Texas)

Yost, Austin (Arizona)

Expert/Monitor/Master

Kaiser, Robert J (Arizona)

Documents in the Clearinghouse

Document

2:20-cv-00658

Docket [PACER]

May 19, 2020

May 19, 2020

Docket

20-15719

Docket [PACER]

U. S. Court of Appeals for the Ninth Circuit

May 19, 2020

May 19, 2020

Docket

CV-20-0098-SA

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
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
59

2:20-cv-00658

Plaintiffs' Opposition to the State's Motion to Intervene

April 8, 2020

April 8, 2020

Pleading / Motion / Brief
62

2:20-cv-00658

Defendant Maricopa County Recorder Adrian Fontes' Response to Plaintiffs' Motion for Temporary Restraining Order

April 9, 2020

April 9, 2020

Pleading / Motion / Brief

Docket

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

Last updated Nov. 21, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

April 2, 2020

April 2, 2020

Clearinghouse
2

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)

April 2, 2020

April 2, 2020

Clearinghouse
3

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)

April 2, 2020

April 2, 2020

RECAP
4

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)

April 2, 2020

April 2, 2020

RECAP
5

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)

April 2, 2020

April 2, 2020

PACER
6

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)

April 2, 2020

April 2, 2020

PACER
7

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)

April 2, 2020

April 2, 2020

PACER
8

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)

April 2, 2020

April 2, 2020

PACER
9

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)

April 3, 2020

April 3, 2020

RECAP
10

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

April 4, 2020

April 4, 2020

PACER
11

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

April 4, 2020

April 4, 2020

PACER
12

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

April 4, 2020

April 4, 2020

PACER
13

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

April 4, 2020

April 4, 2020

PACER
14

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

April 4, 2020

April 4, 2020

PACER
15

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

April 4, 2020

April 4, 2020

PACER
16

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

April 4, 2020

April 4, 2020

PACER
17

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

April 4, 2020

April 4, 2020

PACER
18

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

April 4, 2020

April 4, 2020

PACER
19

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

April 4, 2020

April 4, 2020

PACER
20

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

April 4, 2020

April 4, 2020

PACER
21

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

April 4, 2020

April 4, 2020

PACER
22

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

April 4, 2020

April 4, 2020

PACER
23

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

April 4, 2020

April 4, 2020

PACER
24

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)

April 6, 2020

April 6, 2020

PACER
25

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)

April 6, 2020

April 6, 2020

PACER
26

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)

April 6, 2020

April 6, 2020

PACER
27

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

April 6, 2020

April 6, 2020

PACER
28

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

April 6, 2020

April 6, 2020

PACER
29

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

April 6, 2020

April 6, 2020

PACER
30

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

April 6, 2020

April 6, 2020

PACER
31

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

April 6, 2020

April 6, 2020

PACER
32

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)

April 6, 2020

April 6, 2020

PACER
33

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)

April 6, 2020

April 6, 2020

PACER
34

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)

April 6, 2020

April 6, 2020

PACER
35

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)

April 6, 2020

April 6, 2020

PACER
36

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)

April 6, 2020

April 6, 2020

PACER
37

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)

April 6, 2020

April 6, 2020

PACER
38

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)

April 6, 2020

April 6, 2020

PACER
39

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)

April 6, 2020

April 6, 2020

PACER
40

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)

April 6, 2020

April 6, 2020

Clearinghouse
41

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)

April 6, 2020

April 6, 2020

PACER
42

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)

April 6, 2020

April 6, 2020

PACER
43

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)

April 6, 2020

April 6, 2020

PACER
44

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)

April 6, 2020

April 6, 2020

PACER
45

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)

April 6, 2020

April 6, 2020

PACER
46

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

1 Text of Proposed Order

View on PACER

April 6, 2020

April 6, 2020

Clearinghouse
47

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)

April 6, 2020

April 6, 2020

PACER
48

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)

April 6, 2020

April 6, 2020

PACER

Notice of Deficiency (Text Only)

April 6, 2020

April 6, 2020

PACER
49

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)

April 7, 2020

April 7, 2020

PACER
50

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)

April 7, 2020

April 7, 2020

PACER
51

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

April 7, 2020

April 7, 2020

PACER
52

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)

April 7, 2020

April 7, 2020

PACER
53

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)

April 7, 2020

April 7, 2020

Clearinghouse
54

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

April 7, 2020

April 7, 2020

PACER

Notice of Deficiency (Text Only)

April 7, 2020

April 7, 2020

PACER
55

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)

April 8, 2020

April 8, 2020

PACER
56

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

April 8, 2020

April 8, 2020

PACER
57

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)

April 8, 2020

April 8, 2020

PACER
58

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

April 8, 2020

April 8, 2020

PACER
59

*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)

April 8, 2020

April 8, 2020

Clearinghouse
60

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)

April 8, 2020

April 8, 2020

Clearinghouse

Order

April 8, 2020

April 8, 2020

PACER

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

April 8, 2020

April 8, 2020

PACER
61

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)

April 9, 2020

April 9, 2020

Clearinghouse
62

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

April 9, 2020

April 9, 2020

Clearinghouse
63

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)

April 10, 2020

April 10, 2020

Clearinghouse
64

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

April 10, 2020

April 10, 2020

PACER
65

*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)

April 10, 2020

April 10, 2020

PACER
66

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

April 10, 2020

April 10, 2020

PACER
67

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

April 10, 2020

April 10, 2020

PACER
68

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)

April 10, 2020

April 10, 2020

PACER
69

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)

April 10, 2020

April 10, 2020

Clearinghouse
70

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

April 10, 2020

April 10, 2020

PACER
71

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

April 10, 2020

April 10, 2020

PACER
72

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)

April 10, 2020

April 10, 2020

Clearinghouse
73

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

April 10, 2020

April 10, 2020

Clearinghouse
74

**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)

April 10, 2020

April 10, 2020

PACER
75

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)

April 10, 2020

April 10, 2020

Clearinghouse
76

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

View on RECAP

2 Text of Proposed Order Order

View on PACER

April 10, 2020

April 10, 2020

PACER
77

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

View on PACER

April 10, 2020

April 10, 2020

Clearinghouse
78

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

View on PACER

April 10, 2020

April 10, 2020

Clearinghouse

Order

April 10, 2020

April 10, 2020

PACER
79

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)

April 12, 2020

April 12, 2020

Clearinghouse
80

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

View on RECAP

April 13, 2020

April 13, 2020

RECAP
81

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

April 13, 2020

April 13, 2020

PACER
82

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)

April 13, 2020

April 13, 2020

RECAP
83

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)

April 13, 2020

April 13, 2020

RECAP
84

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

April 13, 2020

April 13, 2020

PACER
85

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

April 13, 2020

April 13, 2020

Clearinghouse
86

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

April 14, 2020

April 14, 2020

PACER
87

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

April 14, 2020

April 14, 2020

PACER
88

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

April 14, 2020

April 14, 2020

PACER
89

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)

April 14, 2020

April 14, 2020

PACER
90

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)

April 14, 2020

April 14, 2020

PACER
91

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)

April 14, 2020

April 14, 2020

PACER
92

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

April 14, 2020

April 14, 2020

PACER
93

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)

April 14, 2020

April 14, 2020

PACER

Order on Motion to File Amicus Curiae

April 14, 2020

April 14, 2020

PACER

Motion Hearing

April 14, 2020

April 14, 2020

PACER

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

State of Arizona, State

Maricopa County Recorder (Maricopa), County

Cochise County Recorder (Cochise), County

Navajo County Recorder (Navajo), County

Apache County Recorder (Apache), County

Pima County Recorder (Pima), County

Mohave County Recorder (Mohave), County

Yavapai County Recorder (Yavapai), County

Cococino County Recorder (Coconino), County

Graham County Recorder (Graham), County

Santa Cruz County Recorder (Santa Cruz), County

Pinal County Recorder (Pinal), County

Greenlee County Recorder (Greenlee), County

Gila County Recorder (Gila), County

Yuma County Recorder (Yuma), County

La Paz County Recorder (La Paz), County

Arizona Secretary of State, State

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Voting access

Voting:

Election administration