Case: Libertarian Party of Illinois v. Pritzker

1:20-cv-02112 | U.S. District Court for the Northern District of Illinois

Filed Date: April 2, 2020

Closed Date: July 8, 2021

Clearinghouse coding complete

Case Summary

This case was about Illinois election law (candidate nomination and signature gathering procedures) during the COVID-19 pandemic and 2020 election.The Libertarian Party of Illinois, the Green Party of Illinois, and several independent candidates filed suit in the U.S. District Court for the Northern District of Illinois on April 2, 2020. Defendants were various members of the Illinois State Board of Elections. Plaintiffs challenged signature-gathering requirements for ballot qualification durin…

This case was about Illinois election law (candidate nomination and signature gathering procedures) during the COVID-19 pandemic and 2020 election.

The Libertarian Party of Illinois, the Green Party of Illinois, and several independent candidates filed suit in the U.S. District Court for the Northern District of Illinois on April 2, 2020. Defendants were various members of the Illinois State Board of Elections. Plaintiffs challenged signature-gathering requirements for ballot qualification during the COVID-19 lockdowns. They argued that Illinois had allegedly failed to establish non-physical procedures for gathering signatures, and that, as a result, non-major party candidates--finding it impossible to gather signatures in the midst of COVID-19--were effectively barred from the ballot in violation of the First and Fourteenth Amendments. Plaintiffs sought to enjoin the in-person signature requirement for non-major party candidates. They also sought declaratory relief and attorney's fees. Plaintiff was represented by private counsel and the Center for Competitive Democracy, an organization that sought to “secure free, open and competitive elections.” The case was assigned to Judge Charles R. Norgle.

Plaintiffs moved for a preliminary injunction on April 3, 2020. Judge Rebecca R. Pallmeyer, acting as emergency judge, granted the injunction, in part, on April 23, 2020. The injunction allowed the collection of electronic signatures. It also extended the filing deadline for “new political party and independent candidates” from June 22, 2020, to August 7, 2020. Finally, candidates from the Libertarian Party, Green Party, and three independent candidate plaintiffs who qualified for the 2016 or 2018 Illinois ballot were determined to also qualify for the 2020 Illinois ballot. 455 F.Supp.3d 738.

Defendants filed a motion for reconsideration on May 8, 2020. They argued that it would be extremely difficult for state election officials to comply with the preliminary injunction’s new deadline because officials would not have time to hear ballot objections or complete other administrative processes. On May 15, 2020, Judge Pallmeyer modified the filing deadline to July 20, 2020 in an attempt to balance the interests of ballot access and election administration.

Defendants appealed the preliminary injunction to the Seventh Circuit on June 6, 2020. They argued that the U.S. Constitution grants states “broad power” to conduct elections, as determined by the U.S. Supreme Court in Clingman v. Beaver, and that the District Court had exceeded its authority when it dictated how Illinois conducted its election. On June 9, 2020, defendants sought a stay of the preliminary injunction pending appeal. The Seventh Circuit, in an opinion "by the court," denied the stay on June 21, 2020, reasoning that defendants had failed to demonstrate a likelihood of irreparable harm. 820 Fed. Appx. 446. And on August 20, 2020, in another opinion "by the court," it affirmed the preliminary injunction, reasoning that any change to the filing deadline at that time would be “certain to severely limit or prevent third-party or independent candidates from accessing the November ballot." 824 Fed. Appx. 415.

A Republican candidate for the Illinois State Senate moved to intervene on June 23, 2020. He claimed the preliminary injunction “disparately relaxed standards” in favor of independent and new party candidates to the detriment of established party candidates such as himself. The order therefore impaired his First Amendment and Equal Protection rights and necessitated his intervention. He also filed a similar emergency motion to intervene on July 14, 2020. The District Court denied both of the Republican candidate’s motions to intervene on September 10, 2020. It reasoned he was never prevented from filing his own action on his own unique situation which differed substantially from the present case.

On March 2, 2021 the parties filed a stipulation of dismissal with prejudice, requiring each party to bear their own attorney's fees and costs. Ultimately, after denying without prejudice an intervenor plaintiff's motion to deny stipulation to dismiss or to retain jurisdiction, the Court dismissed the action on July 8, 2021.

Summary Authors

Hope Brinn (4/24/2020)

Averyn Lee (9/16/2020)

Eric Gripp (8/11/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17039697/parties/libertarian-party-of-illinois-v-pritzker/


Judge(s)

Norgle, Charles Ronald Sr. (Illinois)

Pallmeyer, Rebecca R. (Illinois)

Attorneys(s) for Plaintiff

Brown, Mark R. (Ohio)

Cahnman, Samuel J. (Illinois)

Hall, Oliver B. (District of Columbia)

Summers, Scott Kingwill (Illinois)

Attorneys(s) for Defendant

Caplan, Gary Steven (Illinois)

Dierkes, Michael T. (Illinois)

Kasper, Michael James (Illinois)

Newman, Sarah Hughes (Illinois)

Judge(s)

Norgle, Charles Ronald Sr. (Illinois)

Pallmeyer, Rebecca R. (Illinois)

Attorneys(s) for Plaintiff

Brown, Mark R. (Ohio)

Cahnman, Samuel J. (Illinois)

Hall, Oliver B. (District of Columbia)

Summers, Scott Kingwill (Illinois)

Attorneys(s) for Defendant

Caplan, Gary Steven (Illinois)

Dierkes, Michael T. (Illinois)

Kasper, Michael James (Illinois)

Newman, Sarah Hughes (Illinois)

Raoul, Kwame (Illinois)

Richie, Leigh J. (Illinois)

Van de Burgt, David W (Illinois)

Walsh, Erin (Illinois)

Other Attorney(s)

Casson, Luke (Illinois)

Fogarty, John G (Illinois)

Expert/Monitor/Master

Holbrook, Thomas (Illinois)

Michalowski, Edmund (Illinois)

Sandvoss, Steve (Illinois)

Winger, Richard (California)

Documents in the Clearinghouse

Document

Docket [PACER]

July 8, 2021 Docket
1 (& 1-1 to 1-3)

Complaint

Libertarian Party v. Pritzker

April 2, 2020 Complaint
2

Motion for Preliminary Injunction and/or Temporary Restraining Order and Attached Memorandum of Law in Support

Libertarian Party v. Pritzker

April 3, 2020 Pleading / Motion / Brief
10

Emergency Motion for Preliminary Injunction and/or Temporary Restraining Order and Memorandum of Law in Support

Libertarian Party v. Pritzker

April 13, 2020 Pleading / Motion / Brief
6

Motion to Intervene

Libertarian Party v. Pritzker

April 13, 2020 Pleading / Motion / Brief
7

Emergency Amended Motion to Intervene

Libertarian Party v. Pritzker

April 13, 2020 Pleading / Motion / Brief
12

Plaintiffs' Response in Opposition to Intervention

Libertarian Party v. Pritzker

April 15, 2020 Pleading / Motion / Brief
17

Amended Complaint

Libertarian Party v. Pritzker

April 16, 2020 Complaint
15

Defendants' Response to Plaintiffs' Emergency Motion for Preliminary Injunction and/or Temporary Restraining Order

Libertarian Party v. Pritzker

April 16, 2020 Pleading / Motion / Brief
18, 18-1, 18-2

Intervenor's Reply to Plaintiffs' Response in Opposition to Intervention

Libertarian Party v. Pritzker

April 16, 2020 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17039697/libertarian-party-of-illinois-v-pritzker/

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

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief filed by bennett morriss, Illinois Green Party, Libertarian Party of Illinois, william redpath, David F. Black, marcus throneburg, sheldon schafer, Richard Whitney; Filing fee $ 400, receipt number 0752-16907443. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit 1 - Letter of CT SOS, # 3 Exhibit 2 - Letter of IL SBE)(Summers, Scott) (Entered: 04/02/2020)

1 Civil Cover Sheet Civil Cover Sheet

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2 Exhibit 1 - Letter of CT SOS

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3 Exhibit 2 - Letter of IL SBE

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April 2, 2020 RECAP

CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (axc, )

April 3, 2020 PACER

case assigned

April 3, 2020 PACER
2

MOTION by Plaintiffs David F. Black, Illinois Green Party, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitney for temporary restraining order, MOTION by Plaintiffs David F. Black, Illinois Green Party, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitney for preliminary injunction (Summers, Scott) (Entered: 04/03/2020)

April 3, 2020 RECAP
3

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16915967. (Summers, Scott) (Entered: 04/07/2020)

April 7, 2020 PACER
4

ATTORNEY Appearance for Defendants William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, J.B. Pritzker, Charles W. Scholz, Cassandra B. Watson by Erin Walsh (Walsh, Erin) (Entered: 04/07/2020)

April 7, 2020 PACER
5

MINUTE entry before the Honorable Robert M. Dow, Jr: This order is entered by Judge Dow as emergency judge with respect to the motion for preliminary injunctive relief 2 and 223 under case 20-cv-1792 modifying the enforcement of Illinois's petition collection requirements. The parties are directed promptly to confer regarding a proposed resolution of their dispute. Defendants' written response to the motion, if any, shall be filed by noon on Thursday, April 16, 2020. A hearing is set by telephone at 9:30 a.m. on Friday, April 17. Counsel are directed to file their submissions in the civil case docket as well as the emergency docket. Motion to appear pro hac vice 3 is granted. Mailed notice (cdh, ) (Entered: 04/10/2020)

April 10, 2020 PACER
6

MOTION by Plaintiff Kyle Kenley Kopitke to intervene (Cahnman, Samuel) (Entered: 04/13/2020)

April 13, 2020 RECAP
7

MOTION by Plaintiff Kyle Kenley Kopitke to intervene Emergency Amended (Cahnman, Samuel) (Entered: 04/13/2020)

April 13, 2020 PACER
8

INTERVENOR complaint for emergency declaratory & injunctive Relief filed by Kyle Kenley Kopitke against All Defendants (Attachments: # 1 Exhibit ISBE letter)(Cahnman, Samuel) (Entered: 04/13/2020)

1 Exhibit ISBE letter

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April 13, 2020 PACER
9

ATTORNEY Appearance for Defendants William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, J.B. Pritzker, Charles W. Scholz, Cassandra B. Watson by Michael T. Dierkes (Dierkes, Michael) (Entered: 04/13/2020)

April 13, 2020 PACER
10

MOTION by Plaintiff Kyle Kenley Kopitke for preliminary injunction emergency& memorandum of law in support (Cahnman, Samuel) (Entered: 04/13/2020)

April 13, 2020 PACER
11

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone hearing on Plaintiff Kyle Kenley Kopitke's emergency motions to intervene 6 and 7 and for preliminary injunction and/or temporary restraining order 10 set for 4/17/2020 at 9:30 a.m. Parties shall contact Judge Pallmeyer's courtroom deputy for the call-in number. Notice mailed by judge's staff (ntf, ) (Entered: 04/14/2020)

April 14, 2020 PACER
12

RESPONSE by David F. Black, Illinois Green Party, Kyle Kenley Kopitke, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitneyin Opposition to MOTION by Plaintiff Kyle Kenley Kopitke to intervene 6, MOTION by Plaintiff Kyle Kenley Kopitke to intervene Emergency Amended 7 (Summers, Scott) (Entered: 04/15/2020)

April 15, 2020 PACER
13

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16935661. (Attachments: # 1 Supplement Letter)(Brown, Mark) (Entered: 04/16/2020)

1 Supplement Letter

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April 16, 2020 PACER
14

ATTORNEY Appearance for Plaintiffs David F. Black, Illinois Green Party, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitney by Mark R. Brown (Brown, Mark) (Docket Text Modified by Clerk's Office) (sxb, ). (Entered: 04/16/2020)

April 16, 2020 PACER
15

RESPONSE by William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, J.B. Pritzker, Charles W. Scholz, Cassandra B. Watsonin Opposition to MOTION by Plaintiffs David F. Black, Illinois Green Party, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitney for temporary restraining order MOTION by Plaintiffs David F. Black, Illinois Green Party, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitney for preliminary injunction 2, MOTION by Plaintiff Kyle Kenley Kopitke for preliminary injunction emergency& memorandum of law in support 10 (Joint response on behalf of all defendants) (Newman, Sarah) (Entered: 04/16/2020)

April 16, 2020 PACER
16

APPENDIX response in opposition to motion,,, 15 (Attachments: # 1 Exhibit A, Defendants' Proposed Preliminary Injunction Order, # 2 Exhibit B, State of Illinois 2020 Candidate's Guide, # 3 Exhibit C, State of Illinois 2020 Election & Campaign Finance Calendar)(Newman, Sarah) (Entered: 04/16/2020)

1 Exhibit A, Defendants' Proposed Preliminary Injunction Order

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2 Exhibit B, State of Illinois 2020 Candidate's Guide

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3 Exhibit C, State of Illinois 2020 Election & Campaign Finance Calendar

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April 16, 2020 PACER
17

AMENDED complaint by Bennett W. Morris, Illinois Green Party, Libertarian Party of Illinois, William Redpath, David F. Black, Marcus Throneburg, Sheldon Schafer, Richard Whitney against All Defendants (Hall, Oliver) (Entered: 04/16/2020)

April 16, 2020 PACER
18

REPLY by Kyle Kenley Kopitke to response in opposition to motion, 12 (Attachments: # 1 Exhibit Email, # 2 Exhibit Email)(Cahnman, Samuel) (Entered: 04/16/2020)

1 Exhibit Email

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2 Exhibit Email

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April 16, 2020 PACER
19

ATTORNEY Appearance for Defendants William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, Charles W. Scholz, Cassandra B. Watson by MICHAEL JAMES KASPER (KASPER, MICHAEL) (Entered: 04/17/2020)

April 17, 2020 PACER
20

ATTORNEY Appearance for Defendant J.B. Pritzker by Sarah Hughes Newman (Newman, Sarah) (Entered: 04/17/2020)

April 17, 2020 PACER
21

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone motion hearing held. Plaintiff Kyle Kenley Kopitke's emergency motions to intervene 6 and 7 are granted. Plaintiffs' motions for preliminary injunction and/or temporary restraining order 2 and 10 are entered and continued to 4/21/2020 at 10:00 a.m. Notice mailed by judge's staff (ntf, ) (Entered: 04/17/2020)

April 17, 2020 RECAP
22

TRANSCRIPT OF PROCEEDINGS held on 04/17/2020 before the Honorable Rebecca R. Pallmeyer. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/20/2020. (Walsh, Judy) (Entered: 04/20/2020)

April 20, 2020 PACER
23

AFFIDAVIT of Tracy Jennings regarding intervenor complaint 8, motion for preliminary injunction 10 (Attachments: # 1 Exhibit electronic signature page, # 2 Exhibit link to electronic signature page)(Cahnman, Samuel) (Entered: 04/20/2020)

1 Exhibit electronic signature page

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2 Exhibit link to electronic signature page

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April 20, 2020 PACER
24

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone motion hearing. For the reasons stated on the record, Plaintiffs' motions for preliminary injunction and/or temporary restraining order 2 and 10 are granted in part and denied in part. Parties shall submit a proposed order to this court's proposed order email address, modified as directed by the court. Notice mailed by judge's staff (ntf, ) (Entered: 04/21/2020)

April 21, 2020 RECAP
25

TRANSCRIPT OF PROCEEDINGS held on 04/21/2020 before the Honorable Rebecca R. Pallmeyer. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 5/12/2020. Redacted Transcript Deadline set for 5/22/2020. Release of Transcript Restriction set for 7/20/2020. (Walsh, Judy) (Entered: 04/21/2020)

April 21, 2020 PACER
26

MEMORANDUM Opinion and Order. For reasons explained here, the court enters its preliminary injunction order, granting Plaintiffs' motion in part and accepting Defendants' proposed alternative resolution in part. Signed by the Honorable Rebecca R. Pallmeyer on 4/23/2020. Notice mailed by judge's staff (ntf, ) (Entered: 04/23/2020)

April 23, 2020 RECAP
27

PRELIMINARY INJUNCTION Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/23/2020. Notice mailed by judge's staff (ntf, ) (Entered: 04/23/2020)

April 23, 2020 RECAP
28

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, ) (Entered: 04/27/2020)

April 24, 2020 PACER
29

WAIVER OF SERVICE returned executed by Bennett W. Morris, Illinois Green Party, Libertarian Party of Illinois, William Redpath, David F. Black, Marcus Throneburg, Sheldon Schafer, Richard Whitney. J.B. Pritzker waiver sent on 4/6/2020, answer due 6/5/2020. (Hall, Oliver) (Entered: 05/04/2020)

May 4, 2020 PACER
30

WAIVER OF SERVICE returned executed by Bennett W. Morris, Illinois Green Party, Libertarian Party of Illinois, William Redpath, David F. Black, Marcus Throneburg, Sheldon Schafer, Richard Whitney. William J. Cadigan waiver sent on 4/16/2020, answer due 6/15/2020; Laura Donahue waiver sent on 4/16/2020, answer due 6/15/2020; William R Haine waiver sent on 4/16/2020, answer due 6/15/2020; Ian Linnabary waiver sent on 4/16/2020, answer due 6/15/2020; William M McGuffage waiver sent on 4/16/2020, answer due 6/15/2020; Katherine O'Brien waiver sent on 4/16/2020, answer due 6/15/2020; Charles W. Scholz waiver sent on 4/16/2020, answer due 6/15/2020; Cassandra B. Watson waiver sent on 4/16/2020, answer due 6/15/2020. (Attachments: # 1 Waiver of Defendant Donahue, # 2 Waiver of Defendant Haine, # 3 Waiver of Defendant Linnabary, # 4 Waiver of Defendant McGuffage, # 5 Waiver of Defendant O'Brien, # 6 Waiver of Defendant Scholz, # 7 Waiver of Defendant Watson)(Hall, Oliver) (Entered: 05/07/2020)

1 Waiver of Defendant Donahue

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2 Waiver of Defendant Haine

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3 Waiver of Defendant Linnabary

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4 Waiver of Defendant McGuffage

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5 Waiver of Defendant O'Brien

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6 Waiver of Defendant Scholz

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7 Waiver of Defendant Watson

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May 7, 2020 PACER
31

MOTION by Defendants William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, Charles W. Scholz, Cassandra B. Watson for reconsideration regarding preliminary injunction 27 (Attachments: # 1 Exhibit Declaration of Sandvoss, # 2 Exhibit Declaration of Holbrook, # 3 Exhibit Declaration of Michalowski)(KASPER, MICHAEL) (Entered: 05/08/2020)

1 Exhibit Declaration of Sandvoss

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2 Exhibit Declaration of Holbrook

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3 Exhibit Declaration of Michalowski

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May 8, 2020 RECAP
32

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone hearing on State Board of Elections Defendants' emergency motion for reconsideration in part of order granting preliminary injunction 31 set for 5/15/2020 at 10:30 a.m. Parties shall contact Judge Pallmeyer's courtroom deputy for the call-in number. Notice mailed by judge's staff (ntf, ) (Entered: 05/13/2020)

May 13, 2020 PACER
33

RESPONSE by Kyle Kenley Kopitkein Opposition to MOTION by Defendants William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, Charles W. Scholz, Cassandra B. Watson for reconsideration regarding preliminary injunction 27 31 (Attachments: # 1 Affidavit Winger Affidavit Ex. 1, # 2 Exhibit Statements of Defs. Ex. 2, # 3 Exhibit Def. Press Release Ex. 3)(Cahnman, Samuel) (Entered: 05/15/2020)

1 Affidavit Winger Affidavit Ex. 1

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2 Exhibit Statements of Defs. Ex. 2

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3 Exhibit Def. Press Release Ex. 3

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May 15, 2020 PACER
34

RESPONSE by David F. Black, Illinois Green Party, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitneyin Opposition to MOTION by Defendants William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, Charles W. Scholz, Cassandra B. Watson for reconsideration regarding preliminary injunction 27 31 (Hall, Oliver) (Entered: 05/15/2020)

May 15, 2020 PACER
35

TRANSCRIPT OF PROCEEDINGS held on 05/15/2020 before the Honorable Rebecca R. Pallmeyer. Order Number: 38507. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR, Official Court Reporter. judith_walsh@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 6/5/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/13/2020. (Walsh, Judy) (Entered: 05/15/2020)

May 15, 2020 RECAP
36

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held by telephone. For the reasons stated on the record, State Board of Elections Defendants' emergency motion for reconsideration in part of order granting preliminary injunction 31 is granted in part and denied in part. The court will shorten the deadline for submission of candidate nomination and petition filings to 7/20/2020. The minimum petition signature threshold will remain at 10% as previously ordered. Notice mailed by judge's staff (ntf, ) (Entered: 05/15/2020)

May 15, 2020 RECAP
37

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, ) (Entered: 05/26/2020)

May 26, 2020 PACER
38

NOTICE of appeal by William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, Charles W. Scholz, Cassandra B. Watson regarding orders 36, 27, 26 Filing fee $ 505, receipt number 0752-17087060. Receipt number: n (KASPER, MICHAEL) (Entered: 06/06/2020)

June 6, 2020 PACER
39

DOCKETING Statement by William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, Charles W. Scholz, Cassandra B. Watson regarding notice of appeal, 38 (KASPER, MICHAEL) (Entered: 06/06/2020)

June 6, 2020 PACER
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NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal, 38 . (jh, ) (Entered: 06/08/2020)

June 8, 2020 PACER
41

TRANSMITTED to the 7th Circuit the short record on notice of appeal, 38 . Notified counsel. (jh, ) (Entered: 06/08/2020)

June 8, 2020 PACER
42

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal, 38 ; USCA Case No. 20-1961 (jh, ) (Entered: 06/08/2020)

June 8, 2020 PACER
43

ATTORNEY Appearance for Intervenor Plaintiff Alexander J. Ruggieri by John G. Fogarty (Fogarty, John) (Entered: 06/23/2020)

June 23, 2020 PACER
44

MOTION by Intervenor Plaintiff Alexander J. Ruggieri to intervene (Attachments: # 1 Declaration of Alexander (AJ) Ruggieri)(Fogarty, John) (Entered: 06/23/2020)

1 Declaration of Alexander (AJ) Ruggieri

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June 23, 2020 RECAP
45

NOTICE of Motion by John G. Fogarty for presentment of motion to intervene 44 before Honorable Charles R. Norgle Sr. on 6/26/2020 at 10:30 AM. (Fogarty, John) (Entered: 06/23/2020)

June 23, 2020 PACER
47

ORDER dated 6/21/20 from the 7th Circuit regarding notice of appeal, 38 ; Appellate case no. : 20-1961. Accordingly, the motion for stay is DENIED. In light of this ruling and the approaching petition deadline, the parties shall file by July 6, 2020, statements of position addressing whether further briefing or oral argument are necessary. (aee, ) (Entered: 06/24/2020)

June 23, 2020 RECAP
46

MINUTE entry before the Honorable Charles R. Norgle: Any response to motion to intervene 44 shall be submitted no later than July 2, 2020. Reply briefing shall be submitted no later than July 2, 2020. No appearance is required Friday,June 26, 2020.Mailed notice. (ewf, ) (Entered: 06/24/2020)

June 24, 2020 PACER
48

ATTORNEY Appearance for Objector Germaine Light by Luke A. Casson (Attachments: # 1 Notice of Filing Notice of filing)(Casson, Luke) (Entered: 06/26/2020)

1 Notice of Filing Notice of filing

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June 26, 2020 PACER
49

RESPONSE by David F. Black, Illinois Green Party, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitneyin Opposition to MOTION by Intervenor Plaintiff Alexander J. Ruggieri to intervene 44 (Hall, Oliver) (Entered: 06/26/2020)

June 26, 2020 PACER
50

RESPONSE by J.B. Pritzkerin Opposition to MOTION by Intervenor Plaintiff Alexander J. Ruggieri to intervene 44 (Attachments: # 1 Exhibit A)(Walsh, Erin) (Entered: 07/02/2020)

1 Exhibit A

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July 2, 2020 PACER
51

RESPONSE by Germaine Lightin Opposition to MOTION by Intervenor Plaintiff Alexander J. Ruggieri to intervene 44 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G)(Kpota, Oscar) (Entered: 07/02/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit E

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5 Exhibit F

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6 Exhibit G

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July 2, 2020 PACER
52

REPLY by Intervenor Plaintiff Alexander J. Ruggieri to motion to intervene 44 (Attachments: # 1 Exhibit A)(Fogarty, John) (Entered: 07/02/2020)

1 Exhibit A

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July 2, 2020 PACER
53

INTERVENOR complaint Temporary Restraining Order and Preliminary Injunction Requested filed by Alexander J. Ruggieri against All Defendants (Fogarty, John) (Entered: 07/02/2020)

July 2, 2020 PACER
54

RESPONSE by Kyle Kenley Kopitkein Opposition to MOTION by Intervenor Plaintiff Alexander J. Ruggieri to intervene 44 (Cahnman, Samuel) (Entered: 07/02/2020)

July 2, 2020 PACER
55

MOTION by Defendants William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, J.B. Pritzker, Charles W. Scholz, Cassandra B. Watson to stay deadline to respond to plaintiffs' complaint pending appeal (Dierkes, Michael) (Entered: 07/06/2020)

July 6, 2020 PACER
56

NOTICE of Motion by Michael T. Dierkes for presentment of motion to stay, 55 before Honorable Charles R. Norgle Sr. on 7/17/2020 at 10:30 AM. (Dierkes, Michael) (Entered: 07/06/2020)

July 6, 2020 PACER
57

STATEMENT by David F. Black, Illinois Green Party, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitney That No Further Briefing Is Necessary and Appeal Should Be Dismissed (Hall, Oliver) (Entered: 07/06/2020)

July 6, 2020 PACER
58

MOTION by Intervenor Plaintiff Alexander J. Ruggieri for leave to file Motion to Strike Germaine Light's Opposition to Ruggieri's Motion to Intervene (Attachments: # 1 Exhibit A)(Fogarty, John) (Entered: 07/08/2020)

1 Exhibit A

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July 8, 2020 PACER
59

NOTICE of Motion by John G. Fogarty for presentment of motion for leave to file 58 before Honorable Charles R. Norgle Sr. on 7/17/2020 at 10:30 AM. (Fogarty, John) (Entered: 07/08/2020)

July 8, 2020 PACER
60

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket) (Entered: 07/10/2020)

July 10, 2020 PACER
61

MOTION by Intervenor Plaintiff Alexander J. Ruggieri to Deem Ruggieri's Motion To Intervene An Emergency (Fogarty, John) (Entered: 07/14/2020)

July 14, 2020 PACER
62

CERTIFICATE of Service by Intervenor Plaintiff Alexander J. Ruggieri regarding MOTION by Intervenor Plaintiff Alexander J. Ruggieri to Deem Ruggieri's Motion To Intervene An Emergency 61 (Fogarty, John) (Entered: 07/14/2020)

July 14, 2020 PACER
63

MINUTE entry before the Honorable Charles R. Norgle: Motion to Stay Deadline to Respond to Plaintiff's Complaint Pending Appeal 55 is granted. Prospective Intervenor Alexander (AJ) Ruggieri's Motion for Leave to Respond to Germain Light's Opposition to Ruggieri's Motion to Intervene 58 is granted. Ruggieri is granted leave to file the Proposed Motion to Strike on or before July 24, 2020. Response to the Motion to Strike will be due on or before August 7, 2020. No appearance is required on Friday, July 17, 2020. Mailed notice (ewf, ) (Entered: 07/15/2020)

July 15, 2020 PACER
64

MINUTE entry before the Honorable Charles R. Norgle: Responses to Motion to Deem Ruggieri's Motion to Intervene as an Emergency 61 are due on or before 7/21/2020. Ruggieri's reply is due on or before 7/23/2020. Mailed notice (ewf, ) (Entered: 07/15/2020)

July 15, 2020 PACER
65

MOTION by Intervenor Plaintiff Alexander J. Ruggieri to strike response in opposition to motion, 51 (Attachments: # 1 Certificate of Service)(Fogarty, John) (Entered: 07/15/2020)

1 Certificate of Service

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July 15, 2020 PACER
66

RESPONSE by Objector Germaine Light to motion for miscellaneous relief 61 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Notice of Filing)(Casson, Luke) (Entered: 07/21/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Notice of Filing

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July 21, 2020 PACER
67

REPLY by Intervenor Plaintiff Alexander J. Ruggieri in Support of Motion to Deem Ruggieri's Motion to Intervene an Emergency (Attachments: # 1 Exhibit A)(Fogarty, John) (Entered: 07/23/2020)

1 Exhibit A

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July 23, 2020 PACER
68

MOTION by Objector Germaine Light to dismiss Ruggieri's Complaint for a Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit 1)(Kpota, Oscar) (Entered: 08/05/2020)

1 Exhibit 1

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Aug. 5, 2020 PACER
69

NOTICE of Motion by Oscar Stephane Kpota for presentment of motion to dismiss 68 before Honorable Charles R. Norgle Sr. on 8/14/2020 at 10:30 AM. (Kpota, Oscar) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
70

RESPONSE by Germaine Lightin Opposition to MOTION by Intervenor Plaintiff Alexander J. Ruggieri to strike response in opposition to motion, 51 65 (Attachments: # 1 Notice of Filing)(Casson, Luke) (Entered: 08/07/2020)

1 Notice of Filing

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Aug. 7, 2020 PACER
71

MINUTE entry before the Honorable Charles R. Norgle: Response to Motion to Dismiss Intervenor Ruggieri's Complaint 68 is due by 8/28/2020. Reply is due by 9/4/2020. No appearance is required on Friday, August 14, 2020. Mailed notice (ewf, ) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
72

MINUTE entry before the Honorable Charles R. Norgle: Terminate hearing. Mailed notice (ewf, ) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
73

RESPONSE by Alexander J. Ruggieriin Opposition to MOTION by Objector Germaine Light to dismiss Ruggieri's Complaint for a Temporary Restraining Order and Preliminary Injunction 68 (Attachments: # 1 Exhibit 1)(Fogarty, John) (Entered: 08/28/2020)

1 Exhibit 1

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Aug. 28, 2020 RECAP
74

REPLY by Objector Germaine Light to response in opposition to motion, 73 to Dismiss (Kpota, Oscar) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
75

NOTICE by Germaine Light re reply 74 in Support of the Motion to Dismiss (Kpota, Oscar) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
76

ORDER: Alexander (AJ) Ruggieri's motion to Strike Germaine Light's Opposition to Ruggieri's Motion to Intervene 65 is granted. The Court strikes the following filing by Light; Light's response in opposition to Ruggieri's motion to intervene 51, Light's response in opposition to Ruggieri's motion to deem his motion to intervene an emergency 66 ; and Light's motion to dismiss Ruggieri's complaint as moot 68 . Ruggieri's motion to intervene 44 is denied. Ruggieri's motion to deem his motion to intervene an emergency 61 is denied as moot. Signed by the Honorable Charles R. Norgle, Sr on 9/10/2020.Mailed notice(gcy, ) (Entered: 09/10/2020)

Sept. 10, 2020 RECAP
77

MANDATE of USCA dated 9/11/2020 regarding notice of appeal, 38 ;USCA No.20-1961 ; No record to be returned. (rp, ) (Entered: 09/14/2020)

Sept. 14, 2020 PACER
78

CERTIFIED COPY OF OPINION from the USCA for the 7th Circuit; Argued 8/18/2020; Decided 8/20/2020 in USCA case no. 20-1961 : The district court's orders entering a preliminary injunction and granting reconsideration in part are AFFIRMED. (rp, ) (Entered: 09/14/2020)

Sept. 14, 2020 PACER
79

BILL of Costs from the USCA, appeal no. 20-1961 (rp, ) (Entered: 09/14/2020)

Sept. 14, 2020 PACER
80

ORDER: Motion to appear pro hac vice 13 is granted. The parties shall submit a joint status report no later than January 8, 2021. Signed by the Honorable Charles R. Norgle, Sr on 12/2/2020. Mailed notice(gcy, ) (Entered: 12/08/2020)

Dec. 2, 2020 RECAP
81

STATUS Report of All Parties by David F. Black, Illinois Green Party, Kyle Kenley Kopitke, Libertarian Party of Illinois, Germaine Light, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitney (Hall, Oliver) (Entered: 01/08/2021)

Jan. 8, 2021 PACER
82

STATUS Report of All Parties by David F. Black, Illinois Green Party, Kyle Kenley Kopitke, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitney (Hall, Oliver) (Entered: 02/05/2021)

Feb. 5, 2021 PACER
83

MINUTE entry before the Honorable Charles R. Norgle: Court has reviewed the Joint Status Report 81 . Follow-up Status Report on settlement is due on 3/23/2021 if the matter has not be resolved before that date. Mailed notice (ewf, ) (Entered: 02/26/2021)

Feb. 26, 2021 PACER
84

STIPULATION of Dismissal (Hall, Oliver) (Entered: 03/02/2021)

March 2, 2021 RECAP
85

MOTION by Plaintiff Kyle Kenley Kopitke to dismiss to deny stipulation to dismiss or in the alternative for this court to retain jurisdiction to decide any petition for attorney's fees & costs (Cahnman, Samuel) (Entered: 03/02/2021)

March 2, 2021 RECAP
86

MINUTE entry before the Honorable Charles R. Norgle: Response to motion to deny stipulation to dismiss or in the alternative for this court to retain jurisdiction to decide any petition for attorney's fees 85 is due on or before 3/29/2021. Reply is due on or before 4/12/2021. Mailed notice (ewf, ) (Entered: 03/08/2021)

March 8, 2021 PACER
87

RESPONSE by David F. Black, Illinois Green Party, Libertarian Party of Illinois, Bennett W. Morris, William Redpath, Sheldon Schafer, Marcus Throneburg, Richard Whitneyin Opposition to MOTION by Plaintiff Kyle Kenley Kopitke to dismiss to deny stipulation to dismiss or in the alternative for this court to retain jurisdiction to decide any petition for attorney's fees & costs 85 (Hall, Oliver) (Entered: 03/08/2021)

March 8, 2021 PACER
88

RESPONSE by William J. Cadigan, Laura Donahue, William R Haine, Ian Linnabary, William M McGuffage, Katherine O'Brien, J.B. Pritzker, Charles W. Scholz, Cassandra B. Watson to MOTION by Plaintiff Kyle Kenley Kopitke to dismiss to deny stipulation to dismiss or in the alternative for this court to retain jurisdiction to decide any petition for attorney's fees & costs 85 (Newman, Sarah) (Entered: 03/26/2021)

March 26, 2021 RECAP
89

REPLY by Kyle Kenley Kopitke to response to motion, 88, response in opposition to motion, 87 to deny stipulation to dismiss or in the alternative for this court to retain jurisdiction to decide any petition for attorney's fees & costs (Cahnman, Samuel) (Entered: 04/12/2021)

April 12, 2021 RECAP
90

ORDER ; Intervenor-Plaintiff Kyle Kopitke's motion to deny stipulation to dismiss or in the alternative to retain jurisdiction to decide any petition for attorney's fees and costs 85 is denied for the reasons explained in Plaintiffs' and Defendants' responses and accepted by Kopitke in his reply. The case is therefore dismissed. The dismissal, however, is without prejudice to Kopitke's ability to file any subsequent motion or petition in accordance with the Federal Rules of Civil Procedure and the Court's local rules. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle, Sr on 7/8/2021:. Mailed notice(gcy, ) (Entered: 07/09/2021)

July 8, 2021 PACER
91

extension of time

Sept. 29, 2021 PACER
92

order on motion for extension of time

Sept. 30, 2021 PACER
93

motion for extension of time to file

Nov. 22, 2021 PACER
94

order on motion for extension of time to file

Nov. 23, 2021 PACER
95

Extension of Time

Jan. 5, 2022 PACER
96

Order on Motion for Extension of Time

Jan. 13, 2022 PACER
97

Leave to File Document

Feb. 26, 2022 PACER
98

Order on Motion for Leave to File

Feb. 28, 2022 PACER

State / Territory: Illinois

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 2, 2020

Closing Date: July 8, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several non-major party candidates (Libertarian Party, Green Party, independent) in Illinois.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Illinois State Board of Elections (Springfield), 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

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - 2021

Content of Injunction:

Preliminary relief granted

Issues

Voting:

Candidate qualifications

Election administration