Case: Thomas v. Andino

3:20-cv-01552 | U.S. District Court for the District of South Carolina

Filed Date: April 22, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: This is an action brought by four individuals facing a heightened risk of contracting COVID-19 and the Family Unit, a non-profit organization, against the enforcement of South Carolina’s witness signature requirement and the excuse requirement. On May 12, the South Carolina General Assembly passed legislation allowing all q…

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

COVID-19 Summary: This is an action brought by four individuals facing a heightened risk of contracting COVID-19 and the Family Unit, a non-profit organization, against the enforcement of South Carolina’s witness signature requirement and the excuse requirement. On May 12, the South Carolina General Assembly passed legislation allowing all qualified South Carolina voters to vote by absentee ballot for the June primaries. On May 25, the court granted the plaintiffs’ preliminary injunction motions in part, granting relief as to the witness requirement. On September 18, the Witness Requirement was enjoined for the November 2020 General Election in a separate case, and the district court stayed the case. The defendants sought reconsideration.


On April 22, four individuals facing a heightened risk of contracting COVID-19 and the Family Unit, a non-profit organization, filed an action in the U.S. District Court for the District of South Carolina against the enforcement of South Carolina’s witness requirement and the excuse requirement, which were required in order to vote by an absentee ballot. Represented by the American Civil Liberties Union Foundation (ACLU), the ACLU of South Carolina, and the NAACP Legal Defense & Education Fund, the plaintiffs brought this action against the South Carolina State Election Commission and the Governor of South Carolina. They sought sought declaratory and injunctive relief under 42 U.S.C § 1983 for violations of the First and Fourteenth Amendments, as well as the Voting Rights Act, 52 U.S.C. §§ 10301, 10302(b), and 10501. Specifically, the plaintiffs alleged that enforcement of South Carolina’s witness signature requirement during the pandemic posed an unconstitutional barrier to voting and that the exclusive category of "persons qualified to vote by absentee ballot," did not include voters fearful of COVID-19 transmission. The plaintiffs alleged that the two requirements threatened to disenfranchise thousands of eligible South Carolina voters and that COVID-19 would have a disproportionate impact on older populations, voters with disabilities, and African-American voters. The plaintiffs sought a permanent injunction prohibiting the defendants from enforcing the requirements during COVID-19, as well as modification of election materials to reflect the elimination of the requirements before the June 2020 primaries. The case was assigned to Judge Michelle Childs.

On April 28, the plaintiffs filed a motion for preliminary injunction to enjoin enforcement of the two requirements, include self-isolation as an excuse exempting the witness requirement and enter an expedited schedule requiring the defendants to respond within seven days. The motion to enter an expedite the schedule was granted in part, but the specific schedule proposed by the plaintiff was denied.

The South Carolina Republican Party (SCRP) filed a motion to intervene alleging voter fraud concerns on May 1. On the same day, the Protection and Advocacy for People with Disabilities, an independent non-profit corporation, requested to file an amicus brief. The motion to file an amicus brief was granted on May 6. And, on May 8, SCRP’s motion to intervene was granted. 2020 WL 2306615.

On May 11, the defendants and the SCRP each submitted a motion opposing the preliminary injunction.

Meanwhile, another action was filed by individuals and the South Carolina Democratic Party on May 7, challenging the absentee ballot requirement in South Carolina against the same defendants. The Middleton plaintiffs sought a preliminary injunction enjoining the witness requirement, election day cutoff, and the absentee ballot age restriction limiting the categorical prohibition of all voters under 65 from casting a mailed absentee ballot.

On May 12, the South Carolina General Assembly passed legislation allowing all qualified South Carolina voters to vote by absentee ballot for the June 9 primary and the June 23 runoff election. Two days later, the court determined that the injunctive relief sought by both Thomas and Middleton plaintiffs would be limited to the June 2020 primaries, as the defendants did not receive proper notice to prepare arguments regarding elections following the June 2020 primaries.

On May 15, there was a consolidated hearing to address the pending motions for preliminary injunctions in both the Thomas and Middleton cases, with the remaining issues limited to the June primaries.

On May 25, the court granted the preliminary injunction motions pertaining to the witness signature requirement, to be applied only for the June 2020 primaries. 2020 WL 2617329. The defendants were also ordered to immediately and publicly inform South Carolina voters of the elimination of the witness requirement.

On July 13, the plaintiffs filed an amended complaint, adding the South Carolina State Conference of the NAACP as plaintiff while dropping one plaintiff. In addition, the plaintiffs withdrew the claim alleging that the witness requirement violated Section 201 of the Voting Rights Act, while adding the claim that the requirement discriminates against the plaintiffs in violation of the Americans with Disabilities Act (ADA). On July 24, the SCRP sought to re-intervene for the amended complaint. On August 4, the court noted that they had already allowed SCRP to intervene and that intervention is still in effect.

On August 10, 3 individual plaintiffs, The Family Unit, and the South Carolina State Conference of the NAACP voluntarily dismissed the case. The same day, the defendant and the SCRP both filed a motion for summary judgment, arguing that the plaintiffs lacked standing and that none of the requirements violated the Constitution, the VRA, or the ADA. On August 11, the Attorney General of South Carolina sought to file an amicus brief for the case.

On August 12, Jay Lucas, the Speaker of the House of Representatives and Harvey Peeler, the President of the Senate, sought to intervene, which was granted on August 24. 2020 WL 4934305. The intervening defendants submitted responses in support of both motions for summary judgment, arguing that determining how to conduct South Carolina's elections was a legislative function, not a judicial one, and that the challenged provisions of South Carolina law were lawful.

On August 14, the parties filed a stipulated motion to dismiss without prejudice as to the defendant Governor of South Carolina.

On September 15, 2020, the South Carolina General Assembly passed legislation suspending the Excuse Requirement by allowing all qualified voters to vote by absentee ballot for the November 2020 General Election due to the current state of emergency. Three days later the court enjoined the Witness Requirement for all South Carolina voters in the upcoming November 2020 General Election in the Middleton case. In light of the suspension of the challenged provisions for the November 2020 General Election, the district court stayed the case. 2020 WL 5593847. The court instructed that the plaintiffs may request to lift the stay when the impact of the COVID-19 pandemic or future statewide elections in South Carolina are sufficiently determinable. The defendants sought reconsideration of the stay, arguing that staying the case on grounds that the Middleton injunction resolved the issues to be tried in this case, would effectively grant the Thomas plaintiffs their requested relief "without having to ever prove anything at all . . . [which is] unjust and an abuse of discretion."

The plaintiffs sought to consolidate the current case with Middleton v. Andino, however, the court denied the motion on September 22, reasoning that a district court did not have jurisdiction to consolidate an action before it with an action pending before an appellate court.

The case is ongoing.

Summary Authors

Averyn Lee (9/22/2020)

Related Cases

Middleton v. Andino, District of South Carolina (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17091362/parties/thomas-v-andino/


Judge(s)

Childs, Julianna Michelle (South Carolina)

Attorneys(s) for Plaintiff

Burns, Kyle William (New York)

Cepeda Derieux, Adriel I. (New York)

Cohoon, Jack Emerson (South Carolina)

Dunn, Susan K. (South Carolina)

Hauss, Brian M. (New York)

Ho, Dale E. (New York)

Houghton-Larsen, Marie Anne (New York)

Jason, Kevin Eli (New York)

Lakin, Sophia L. (New York)

Judge(s)

Childs, Julianna Michelle (South Carolina)

Attorneys(s) for Plaintiff

Burns, Kyle William (New York)

Cepeda Derieux, Adriel I. (New York)

Cohoon, Jack Emerson (South Carolina)

Dunn, Susan K. (South Carolina)

Hauss, Brian M. (New York)

Ho, Dale E. (New York)

Houghton-Larsen, Marie Anne (New York)

Jason, Kevin Eli (New York)

Lakin, Sophia L. (New York)

Lee, Theresa J. (New York)

Lieb, Peter M (New York)

Morris, John Z (New York)

Robinson, LaRue Lawrence (Illinois)

Rosborough, Davin (District of Columbia)

Ross, Deuel (New York)

Silvertrust, Skyler (Illinois)

Syed, Ihaab I (New York)

Attorneys(s) for Defendant

Bolchoz, J Robert (South Carolina)

Bowers, Karl S. (South Carolina)

Brant, Harrison David (South Carolina)

Crum, Mary Elizabeth (South Carolina)

Lambert, William Grayson (South Carolina)

Limehouse, Thomas Ashley Jr. (South Carolina)

Trinkley, Jane W (South Carolina)

Other Attorney(s)

Barber, Hamilton Bohanon (South Carolina)

Bowens, Barbara Murcier (South Carolina)

Carroll, Matthew Todd (South Carolina)

Cook, Robert Dewayne (South Carolina)

Davis, Elliott M. (District of Columbia)

Dellheim, Richard A. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Hall, Kevin A (South Carolina)

Herren, T. Christian Jr. (District of Columbia)

Kirkland, Harley (South Carolina)

McCoy, Peter M Jr (South Carolina)

McWilliams, Susan Pedrick (South Carolina)

Moore, Mark Carroll (South Carolina)

Smith, James Emory Jr. (South Carolina)

Stepp, Robert Erving (South Carolina)

Svedberg, Sara Sofia (South Carolina)

Traywick, Vordman Carlisle (South Carolina)

Tyson, Robert E (South Carolina)

Wilson, Alan (South Carolina)

Zoellner, David H (South Carolina)

Expert/Monitor/Master

Salgado, Cassandra D. (South Carolina)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 27, 2020 Docket
1, 1-1, 1-2

Complaint for Injunctive and Declaratory Relief

April 22, 2020 Complaint
7 (& 7-1 through 7-23)

Plaintiffs' Motion For A Preliminary Injunction

April 28, 2020 Pleading / Motion / Brief
11, 11-1

South Carolina Republican Party's Motion to Intervene

May 1, 2020 Pleading / Motion / Brief
22

Plaintiffs' Opposition to Motion to Intervene of the South Carolina Republican Party

May 5, 2020 Pleading / Motion / Brief
28

South Carolina Republican Party's Reply in Support of Motion to Intervene

May 6, 2020 Pleading / Motion / Brief
34

Brief of Amicus Curiae Protection and Advocacy For People With Disabilities, Inc. in Support of Plaintiffs' Complaint for Injunctive and Declaratory Relief

May 6, 2020 Pleading / Motion / Brief
39

Order and Opinion

335 F.R.D. 364, 2020 WL 2306615

May 8, 2020 Order/Opinion
46 (& 46-1 through 46-8)

State Election Commission Defendants' Opposition To Motion For Preliminary Injunction

May 11, 2020 Pleading / Motion / Brief
49

Answer

May 11, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Thomas v. Andino

ACLU of South Carolina

ACLU's case page: "On April 22, 2020, the American Civil Liberties Union, ACLU of South Carolina, and NAACP Legal Defense and Educational Fund filed a federal lawsuit over South Carolina’s failure to… https://www.aclusc.org/en/cases/thomas-v-andino

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17091362/thomas-v-andino/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-9065219.), filed by Family Unit Inc, The, Nea Richard, Trena Walker, Brenda Williams, Mary T Thomas, Jeremy Rutledge. Service due by 7/21/2020 (Attachments: # 1 Exhibit McMaster Letter to Legislature, # 2 Exhibit Andino letter to McMaster and Legislature)(asni, ) (Entered: 04/22/2020)

1 Exhibit McMaster Letter to Legislature

View on PACER

2 Exhibit Andino letter to McMaster and Legislature

View on PACER

April 22, 2020 RECAP
2

Summons Issued as to Marci Andino, Clifford J Edler, Henry D McMaster, Scott Moseley, John Wells. (asni, ) (Entered: 04/22/2020)

April 22, 2020 PACER
3

Local Rule 26.01 Answers to Interrogatories by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams.(asni, ) (Entered: 04/22/2020)

April 22, 2020 PACER
5

MOTION for Leave to File Excess Pages by Mary T Thomas, Nea Richard, Jeremy Rutledge, Trena Walker, Brenda Williams, The Family Unit Inc. Response to Motion due by 5/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Dunn, Susan) Modified to add filers listed on document on 4/30/2020 (asni, ). (Entered: 04/27/2020)

April 27, 2020 PACER
6

TEXT ORDER granting 5 Motion for Leave to File Excess Pages. Signed by Honorable J Michelle Childs on 4/27/2020.(asni, ) (Entered: 04/27/2020)

April 27, 2020 PACER
7

MOTION for Preliminary Injunction by Mary T Thomas, Nea Richard, Jeremy Rutledge, Trena Walker, Brenda Williams, The Family Unit Inc. Response to Motion due by 5/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memorandum in supprt of Motion, # 2 Exhibit Cepeda Derieux decaltion in support of motion, # 3 Supporting Documents Article on Wisconsin election, # 4 Supporting Documents SEC letter to Mc Master, et. al., # 5 Supporting Documents Racial bias article, # 6 Supporting Documents WPDE on Affrican American and Coronavirus in SC, # 7 Supporting Documents Decision in Virginia case, # 8 Supporting Documents SC DHEC recommmendations, # 9 Supporting Documents Decison in Texas case, # 10 Supporting Documents Absentee voting data, # 11 Exhibit Reingold declaration, # 12 Exhibit Cooper declaration, # 13 Supporting Documents Socio-Economic data, # 14 Supporting Documents Racial data, # 15 Exhibit Cogburn Declaration, # 16 Supporting Documents Cogburn CV, # 17 Exhibit Murphy Declaration, # 18 Exhibit Thomas Declaration, # 19 Exhibit Richard Declaration, # 20 Exhibit Rutledge Declaration, # 21 Exhibit Walker Declaration, # 22 Exhibit Williams Declaration, # 23 Supporting Documents Emails relating to Williams Declaration)No proposed order.(Dunn, Susan) Modified to add filers listed on document on 4/30/2020 (asni, ). additional attachment entry 35 added on 5/7/2020 (asni, ). (Entered: 04/28/2020)

1 Memo in Support Memorandum in supprt of Motion

View on PACER

2 Exhibit Cepeda Derieux decaltion in support of motion

View on PACER

3 Supporting Documents Article on Wisconsin election

View on PACER

4 Supporting Documents SEC letter to Mc Master, et. al.

View on PACER

5 Supporting Documents Racial bias article

View on PACER

6 Supporting Documents WPDE on Affrican American and Coronavirus in SC

View on PACER

7 Supporting Documents Decision in Virginia case

View on PACER

8 Supporting Documents SC DHEC recommmendations

View on PACER

9 Supporting Documents Decison in Texas case

View on PACER

10 Supporting Documents Absentee voting data

View on PACER

11 Exhibit Reingold declaration

View on RECAP

12 Exhibit Cooper declaration

View on RECAP

13 Supporting Documents Socio-Economic data

View on PACER

14 Supporting Documents Racial data

View on PACER

15 Exhibit Cogburn Declaration

View on RECAP

16 Supporting Documents Cogburn CV

View on PACER

17 Exhibit Murphy Declaration

View on PACER

18 Exhibit Thomas Declaration

View on PACER

19 Exhibit Richard Declaration

View on PACER

20 Exhibit Rutledge Declaration

View on PACER

21 Exhibit Walker Declaration

View on PACER

22 Exhibit Williams Declaration

View on PACER

23 Supporting Documents Emails relating to Williams Declaration

View on PACER

April 28, 2020 PACER
8

MOTION to Expedite by Mary T Thomas, Nea Richard, Jeremy Rutledge, Trena Walker, Brenda Williams, The Family Unit Inc.. Response to Motion due by 5/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Certificate of Service Certificate of service on Defendants)No proposed order.(Dunn, Susan) Modified to add filers listed on document on 4/30/2020 (asni, ). (Entered: 04/28/2020)

1 Certificate of Service Certificate of service on Defendants

View on PACER

April 28, 2020 PACER
9

MOTION to Appear Pro Hac Vice by Adriel I. Cepeda Derieux ( Filing fee $ 250 receipt number 0420-9078649) by Mary T Thomas, Nea Richard, Jeremy Rutledge, Trena Walker, Brenda Williams, The Family Unit Inc.. Response to Motion due by 5/14/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to Appear PHV by Cepeda Drieux, # 2 Exhibit Certificate of Good Standing)No proposed order.(Dunn, Susan) Modified to add filers listed on document on 4/30/2020 (asni, ). (Entered: 04/30/2020)

1 Affidavit Application to Appear PHV by Cepeda Drieux

View on PACER

2 Exhibit Certificate of Good Standing

View on PACER

April 30, 2020 PACER
10

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 4/30/2020.(asni, ) (Entered: 04/30/2020)

April 30, 2020 PACER
11

MOTION to Intervene by South Carolina Republican Party. Response to Motion due by 5/15/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit)No proposed order.(Tyson, Robert) (Entered: 05/01/2020)

1 Exhibit

View on PACER

May 1, 2020 PACER
4

Summons Issued as to Clifford J Elder. (asni, ) (Entered: 05/04/2020)

May 1, 2020 PACER
12

MOTION to Appear Pro Hac Vice by Dale E. Ho ( Filing fee $ 250 receipt number 0420-9083757) by Trena Walker, Mary T Thomas, Nea Richard, Jeremy Rutledge, Brenda Williams, The Family Unit Inc. Response to Motion due by 5/18/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to Appear PHV, # 2 Exhibit Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 05/04/2020)

1 Affidavit Application to Appear PHV

View on RECAP

2 Exhibit Certificate of Good Standing

View on RECAP

May 4, 2020 RECAP
13

MOTION to Appear Pro Hac Vice by Sophia Lin Lakin ( Filing fee $ 250 receipt number 0420-9083793) by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 5/18/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to Apear PHV, # 2 Envelope Certificate of Good Standing)No proposed order.(Dunn, Susan) (Additional attachment(s) added on 5/5/2020: # 3 certificate of good standing supreme court) (asni, ). (Entered: 05/04/2020)

1 Affidavit Application to Apear PHV

View on PACER

2 Envelope Certificate of Good Standing

View on PACER

3 certificate of good standing supreme court

View on PACER

May 4, 2020 PACER
14

MOTION to Appear Pro Hac Vice by Deuel Ross ( Filing fee $ 250 receipt number 0420-9083826) by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 5/18/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to appear PHV, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Pause notice for NY Courts, # 4 Affidavit Supplemental declaration from Deuel Ross)No proposed order.(Dunn, Susan) (Entered: 05/04/2020)

1 Affidavit Application to appear PHV

View on PACER

2 Exhibit Certificate of Good Standing

View on PACER

3 Exhibit Pause notice for NY Courts

View on PACER

4 Affidavit Supplemental declaration from Deuel Ross

View on PACER

May 4, 2020 PACER
15

MOTION to Appear Pro Hac Vice by Theresa J. Lee ( Filing fee $ 250 receipt number 0420-9083850) by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 5/18/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to appear PHV, # 2 Exhibit Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 05/04/2020)

1 Affidavit Application to appear PHV

View on PACER

2 Exhibit Certificate of Good Standing

View on RECAP

May 4, 2020 PACER
16

TEXT ORDER granting 12 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 5/4/2020.(asni, ) (Entered: 05/04/2020)

May 4, 2020 PACER
17

TEXT ORDER granting 14 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 5/4/2020.(asni, ) (Entered: 05/04/2020)

May 4, 2020 PACER
18

TEXT ORDER granting 15 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 5/4/2020.(asni, ) (Entered: 05/04/2020)

May 4, 2020 PACER
19

MOTION for Leave to File Amicus Brief by Protection and Advocacy for People with Disabilities Inc. Response to Motion due by 5/19/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 proposed brief)No proposed order. refiled by the clerk to correct event type.(asni, ) (Entered: 05/05/2020)

1 propose amicus brief

View on PACER

May 5, 2020 PACER
20

TEXT ORDER: This matter is before the court pursuant to a Motion to Intervene filed by the South Carolina Republican Party ("SCRP") pursuant to Rules 24(a) and 24(b) of the Federal Rules of Civil Procedure. (ECF No. 11.) In its submission, the SCRP observed that it consulted with Plaintiffs prior to filing the Motion and "Counsel for Plaintiffs have indicated they will oppose [the] [M]otion." (Id. at 5.) In accordance with the expedited proceedings in this matter, the court DIRECTS Plaintiffs to file any opposition to SCRP's Motion to Intervene on or before 12:00 p.m. on Thursday, May 7, 2020. If the court grants the proposed Motion to Intervene (ECF Nos. 7, 8, 13), the SCRP shall file its response to Plaintiffs' Motion for Preliminary Injunction on May 11, 2020. Signed by Honorable J Michelle Childs on 5/5/2020. (asni, ) (Entered: 05/05/2020)

May 5, 2020 PACER
21

TEXT ORDER granting 13 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 5/5/2020.(asni, ) (Entered: 05/05/2020)

May 5, 2020 PACER
22

RESPONSE in Opposition re 11 MOTION to Intervene Response filed by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams.Reply to Response to Motion due by 5/12/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 05/05/2020)

May 5, 2020 PACER
24

NOTICE of Appearance by William Grayson Lambert on behalf of Marci Andino, Clifford J Edler, Scott Moseley, John Wells (Lambert, William) (Entered: 05/05/2020)

May 5, 2020 PACER
25

NOTICE of Appearance by Mary Elizabeth Crum on behalf of Marci Andino, Clifford J Edler, Scott Moseley, John Wells (Crum, Mary) (Entered: 05/05/2020)

May 5, 2020 PACER
26

DELETION OF DOCKET ENTRY NUMBER 23 Reason: document was refiled correctly. Corrected Filing Document Number 24 Modified filing date to that of original filing: 5/5/2020 (asni, ) (Entered: 05/06/2020)

May 5, 2020 PACER
27

TEXT ORDER: The matter before the court is Plaintiff's Motion for Expedited Schedule (ECF No. 8) filed on April 28, 2020. (ECF No. 8 ) Plaintiff's Motion is GRANTED IN PART AND DENIED IN PART. Specifically, the court DENIES the specific schedule proposed by Plaintiff regarding the dates for Defendant's Answer(s) and responsive brief(s). However, the court GRANTS an expediated schedule. Therefore, Defendants' Answer(s) and responsive brief(s) are to be filed no later than May 11, 2020. Signed by Honorable J Michelle Childs on 5/6/2020.(asni, ) (Entered: 05/06/2020)

May 6, 2020 PACER
28

REPLY to Response to Motion re 11 MOTION to Intervene Response filed by South Carolina Republican Party. (Tyson, Robert) (Entered: 05/06/2020)

May 6, 2020 PACER
29

MOTION for Leave to File Amicus Brief by Alan Wilson. Response to Motion due by 5/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, James) (Entered: 05/06/2020)

May 6, 2020 PACER
30

NOTICE of Hearing on Motion 7 MOTION for Preliminary Injunction: Motion Hearing set for 5/15/2020 09:00 AM in Columbia #1, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. (asni, ) (Entered: 05/06/2020)

May 6, 2020 PACER
31

TEXT ORDER: The court grants Motion of Attorney General Alan Wilson For Leave to File Amicus Brief (ECF No. 29 ). The Attorney General certifies that neither Plaintiffs nor Defendants oppose the motion. Signed by Honorable J Michelle Childs on 5/6/2020.(asni, ) (Entered: 05/06/2020)

May 6, 2020 PACER
32

TEXT ORDER: The matter before the court is Protection and Advocacy For People with Disabilities, Inc.'s Motion for Leave to File A Brief of Amicus Curiae in Support of Plaintiffs' Complaint for Injunctive and Declaratory Relief (ECF No. 19). The court GRANTS Protection and Advocacy For People with Disabilities, Inc.'s Motion for Leave to File A Brief of Amicus Curiae (ECF No. 19 ). Signed by Honorable J Michelle Childs on 5/6/2020.(asni, ) (Entered: 05/06/2020)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

May 6, 2020 PACER
33

NOTICE of Appearance by Thomas Ashley Limehouse, Jr on behalf of Henry D McMaster (Limehouse, Thomas) (Entered: 05/06/2020)

May 6, 2020 PACER
34

AMICUS BRIEF by Protection and Advocacy for People with Disabilities Inc (Zoellner, David) Modified to edit text on 5/6/2020 (asni, ). (Entered: 05/06/2020)

May 6, 2020 PACER
35

Additional Attachments to Main Document 7 MOTION for Preliminary Injunction . First attachment description: CV of Reingold Attachment to 7.11. (Dunn, Susan) (Entered: 05/07/2020)

May 7, 2020 PACER
36

Defendants' Local Rule 26.01 Answers to Interrogatories by Marci Andino, Clifford J Edler, Scott Moseley, John Wells.(Lambert, William) (Entered: 05/07/2020)

May 7, 2020 PACER
37

Local Rule 26.01 Answers to Interrogatories by Henry D McMaster.(Limehouse, Thomas) (Entered: 05/07/2020)

May 7, 2020 PACER
38

AMENDED Defendants' Responses to Local Rule 26.01 Answers to Interrogatories by Marci Andino, Clifford J Edler, Scott Moseley, John Wells.(Lambert, William) (Entered: 05/08/2020)

May 8, 2020 PACER
39

ORDER AND OPINION granting 11 Motion to Intervene. Signed by Honorable J Michelle Childs on 5/8/2020.(asni, ) (Entered: 05/08/2020)

May 8, 2020 RECAP
40

MOTION re 30 Notice of Hearing on Motion to Require All Appearances by Telephone or Videoconference by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 5/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Declaration of Susan K. Dunn)No proposed order.(Dunn, Susan) additional attachment entry 41 added on 5/8/2020 (asni, ). (Entered: 05/08/2020)

1 Affidavit Declaration of Susan K. Dunn

View on PACER

May 8, 2020 PACER
41

Additional Attachments to Main Document 40 MOTION re 30 Notice of Hearing on Motion to Require All Appearances by Telephone or Videoconference. First attachment description: Supplemental Declaration presenting Limehouse position. (Dunn, Susan) (Entered: 05/08/2020)

May 8, 2020 PACER
42

RESPONSE in Opposition re 40 MOTION re 30 Notice of Hearing on Motion to Require All Appearances by Telephone or Videoconference Defendants' Reply to Plaintiffs' Motion for Order Requiring All Appearances at May 15, 2020 (sic) Be Made by Telephone or by Videoconference Response filed by Marci Andino, Clifford J Edler, Scott Moseley, John Wells.Reply to Response to Motion due by 5/15/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lambert, William) (Entered: 05/08/2020)

May 8, 2020 PACER
43

RESPONSE to Motion re 40 MOTION re 30 Notice of Hearing on Motion to Require All Appearances by Telephone or Videoconference Response filed by South Carolina Republican Party.Reply to Response to Motion due by 5/15/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit)(Tyson, Robert) (Entered: 05/08/2020)

1 Exhibit

View on PACER

May 8, 2020 PACER
44

State Election Commission Defendants' ANSWER to 1 Complaint, by Marci Andino, Clifford J Edler, Scott Moseley, John Wells.(Crum, Mary) (Entered: 05/11/2020)

May 11, 2020 PACER
23

MOTION to Appear Pro Hac Vice by Bruce V. Spiva ( Filing fee $ 250 receipt number 0420-9094490) by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore, South Carolina Democratic Party, Deon Tedder, Amos Wells, Tonya Winbush. Response to Motion due by 5/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Application/Affidavit of Bruce Spiva, # 2 Proposed Order)No proposed order.(Bryant, Christopher) (Entered: 05/11/2020)

1 Supporting Documents Application/Affidavit of Bruce Spiva

View on PACER

2 Proposed Order

View on PACER

May 11, 2020 PACER
45

NOTICE of Appearance by Robert Erving Stepp on behalf of South Carolina Republican Party (Stepp, Robert) (Entered: 05/11/2020)

May 11, 2020 PACER
46

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction Defendants' Opposition to Motion for Preliminary Injunction Response filed by Marci Andino, Clifford J Edler, Scott Moseley, John Wells.Reply to Response to Motion due by 5/18/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Ex. 1 to Defs'. Opp. to Prel. Inj. (Exec. Order 2020-31), # 2 Exhibit Ex. 2 to Defs'. Opp to Prel. Injun. (Decl. of Marci Andino), # 3 Exhibit Ex. A to Decl. of Marci Andino, # 4 Exhibit Ex. B to Decl. of Marci Andino, # 5 Exhibit Ex. C to Decl. of Marci Andino, # 6 Exhibit Ex. D to Decl. of Marci Andino, # 7 Exhibit Ex. E to Decl. of Marci Andino, # 8 Exhibit Ex. F to Decl. of Marci Andino)(Lambert, William) (Entered: 05/11/2020)

1 Exhibit Ex. 1 to Defs'. Opp. to Prel. Inj. (Exec. Order 2020-31)

View on PACER

2 Exhibit Ex. 2 to Defs'. Opp to Prel. Injun. (Decl. of Marci Andino)

View on PACER

3 Exhibit Ex. A to Decl. of Marci Andino

View on PACER

4 Exhibit Ex. B to Decl. of Marci Andino

View on PACER

5 Exhibit Ex. C to Decl. of Marci Andino

View on PACER

6 Exhibit Ex. D to Decl. of Marci Andino

View on PACER

7 Exhibit Ex. E to Decl. of Marci Andino

View on PACER

8 Exhibit Ex. F to Decl. of Marci Andino

View on PACER

May 11, 2020 RECAP
47

RESPONSE to Motion re 7 MOTION for Preliminary Injunction Statement of Interest by the United States of America Response filed by United States.Reply to Response to Motion due by 5/18/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1, letters)(Bowens, Barbara) (Entered: 05/11/2020)

1 Exhibit 1, letters

View on PACER

May 11, 2020 PACER
48

ORDER granting in part and denying in part [ECF No. 40 ] Plaintiffs' Motion for an Order Requiring All Appearances at the May 15, 2020 Hearing be made by Telephone or by Videoconference. Signed by Honorable J Michelle Childs on 05/11/2020.(vdou, ) (Entered: 05/11/2020)

May 11, 2020 RECAP
49

ANSWER to 1 Complaint, by South Carolina Republican Party.(Tyson, Robert) (Entered: 05/11/2020)

May 11, 2020 PACER
50

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction Response filed by South Carolina Republican Party.Reply to Response to Motion due by 5/18/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Tyson, Robert) (Entered: 05/11/2020)

May 11, 2020 PACER
51

ANSWER to 1 Complaint, by Henry D McMaster.(Limehouse, Thomas) (Entered: 05/11/2020)

May 11, 2020 PACER
52

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction Response filed by Henry D McMaster.Reply to Response to Motion due by 5/18/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Limehouse, Thomas) (Entered: 05/11/2020)

May 11, 2020 PACER
53

Amicus Curiae BRIEF entered by James Emory Smith, Jr on behalf of Alan Wilson. (Smith, James) (Entered: 05/12/2020)

May 12, 2020 RECAP
54

NOTICE of Appearance by Jane W Trinkley on behalf of Marci Andino, Clifford J Edler, Scott Moseley, John Wells (Trinkley, Jane) (Entered: 05/13/2020)

May 13, 2020 PACER
55

REPLY to Response to Motion re 7 MOTION for Preliminary Injunction Response filed by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams. (Dunn, Susan) (Entered: 05/13/2020)

May 13, 2020 RECAP
56

TEXT ORDER: The court observes that on May 12, 2020, the South Carolina General Assembly passed legislation that now allows all qualified South Carolina voters to vote via absentee ballot for the June 9, 2020 and June 23, 2020 Primaries due to the current state of emergency. S.635 (2020). Governor McMaster signed the bill into law on May 13, 2020. The pertinent portion of the bill states, as follows, in Section 2(A): "Elections, absentee ballots during the state of emergency, expiring on July 1, 2020" SECTION 2. A. A qualified elector must be permitted to vote by absentee ballot in an election if the qualified elector's place of residence or polling place is located in an area subject to a state of emergency declared by the Governor and there are fewer than forty six days remaining until the date of the election. The court determines, based on the aforementioned change in law, that Plaintiff Thomas' Preliminary Injunction Motion as it pertains to the challenged "Excuse Requirement" affecting the June Primaries and Plaintiff Middleton's Preliminary Injunction Motion as it relates to the "Absentee Ballot Age Requirement" affecting the June Primaries are MOOT because there is no longer any case or controversy as to those limited aspects of the case. As a result, the court deems it unnecessary to hear arguments relating to the "Excuse Requirement" or the "Absentee Ballot Age Requirement" at the Friday, May 15, 2020 Hearing. In order for the court and all parties to be properly prepared for the hearing, the court DIRECTS the parties to submit, in writing, any remaining issues that any party intends to address to the court. Please respond no later than 10:00 A.M. on Thursday, May 14, 2020. Signed by Honorable J Michelle Childs on 5/14/2020.Associated Cases: 3:20-cv-01552-JMC, 3:20-cv-01730-JMC(asni, ) (Entered: 05/14/2020)

1 Memo in Support

View on PACER

2 Exhibit Declaration of Marci Andino

View on PACER

May 14, 2020 PACER
57

REPLY by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams to 56 Order on Motion for Preliminary Injunction . (Dunn, Susan) (Entered: 05/14/2020)

May 14, 2020 PACER
58

MOTION in Limine by Marci Andino, Clifford J Edler, Scott Moseley, John Wells. Response to Motion due by 5/28/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Trinkley, Jane) (Entered: 05/14/2020)

May 14, 2020 PACER
59

REPLY by Marci Andino, Clifford J Edler, Scott Moseley, John Wells to 56 Order on Motion for Preliminary Injunction. refiled by the clerk to correct event type.(asni, ) (Entered: 05/14/2020)

May 14, 2020 PACER
60

ORDER addressing the oral arguments schedule for the hearing on May 15, 2020. Signed by Honorable J Michelle Childs on 5/14/2020. Associated Cases: 3:20-cv-01552-JMC, 3:20-cv-01730-JMC(asni, ) (Entered: 05/14/2020)

May 14, 2020 RECAP
61

Withdrawal of Motions: 58 MOTION in Limine filed by Clifford J Edler, Scott Moseley, John Wells, Marci Andino.. (Trinkley, Jane) (Entered: 05/14/2020)

May 14, 2020 PACER
63

TEXT ORDER: This matter is before the court to address the posture of the May 15, 2020 hearing on Plaintiffs' Motions for Preliminary Injunction. The court observes that in response to its request for the parties to submit in writing the issues they intended to present at the hearing, Middleton Plaintiffs stated that "the Excuse Requirement and Absentee Ballot Age Requirement are not moot with respect to that election and other elections occurring after July 1, 2020." Middleton v. Andino, C/A No.: 3:20-cv-01730-JMC, ECF No. 31 at 1 (D.S.C May 14, 2020) (emphasis added). Upon the court's review of Middleton Plaintiffs' Motion for Preliminary Injunction (id. at ECF No. 13), it is clear that the injunctive relief sought is in connection with the June 2020 primaries. For this reason, the court finds that it cannot consider argument on elections after the June 2020 primaries because Defendants did not receive proper notice under Rule 65(a)(1) of the Federal Rules of Civil Procedure. Therefore, the court advises the parties that the May 15, 2020 hearing will be limited to the remaining issues pertaining to the June 2020 primaries. If an appropriate motion for injunctive relief addressing the Excuse Requirement and the Absentee Ballot Age Requirement with respect to any other election is filed, the court will consider that matter at the appropriate time. Signed by Honorable J Michelle Childs on 5/14/2020. Associated Cases: 3:20-cv-01552-JMC, 3:20-cv-01730-JMC(asni, ) (Entered: 05/14/2020)

May 14, 2020 PACER
64

Minute Entry. Proceedings held before Honorable J Michelle Childs: Oral arguments. Motions taken under advisement.Motion Hearing held on 5/15/2020 re (13 in 3:20-cv-01730-JMC) MOTION for Preliminary Injunction filed by Tonya Winbush, Amos Wells, DNC Services Corporation/Democratic National Committee, Deon Tedder, Carlyle Dixon, South Carolina Democratic Party, Kylon Middleton, DCCC, Ernestine Moore, (7 in 3:20-cv-01552-JMC) MOTION for Preliminary Injunction filed by Mary T Thomas, Brenda Williams, Jeremy Rutledge, Family Unit Inc, The, Nea Richard, Trena Walker. Court Reporter Kathleen Richardson. Associated Cases: 3:20-cv-01552-JMC, 3:20-cv-01730-JMC(kbos) (Entered: 05/15/2020)

May 15, 2020 PACER
65

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER AND OPINION granting in part (7) Motion for Preliminary Injunction in case 3:20-cv-01552-JMC; granting in part (13) Motion for Preliminary Injunction in case 3:20-cv-01730-JMC. Signed by Honorable J Michelle Childs on 5/25/2020.Associated Cases: 3:20-cv-01552-JMC, 3:20-cv-01730-JMC(asni, ) (Entered: 05/25/2020)

May 25, 2020 RECAP
66

Local Rule 26.01 Answers to Interrogatories by South Carolina Republican Party.(Tyson, Robert) (Entered: 06/02/2020)

June 2, 2020 PACER
67

SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 6/29/2020, Defendants ID of Expert Witnesses Due by 7/20/2020, Records Custodian Affidavit due by 8/3/2020, Discovery due by 8/3/2020, Motions due by 8/10/2020, Rule 26(a)(3) Disclosures due by 9/2/2020, Bench Trial Deadline 9/16/2020, Signed by Honorable J Michelle Childs on 6/10/2020. (asni, ) (Entered: 06/10/2020)

June 10, 2020 PACER
68

Motion Hearing set for 8/31/2020 10:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. (asni, ) (Entered: 06/10/2020)

June 10, 2020 PACER
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion hearing held on May 15, 2020, before Judge J. Michelle Childs. Court Reporter/Transcriber Kathleen Richardson, RMR, CRR, Telephone number/E-mail Kathleen_Richardson@scd.uscourts.gov. Transcript may be viewed at the court 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 PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 7/2/2020. Redacted Transcript Deadline set for 7/13/2020. Release of Transcript Restriction set for 9/9/2020. (kari, ) (Entered: 06/11/2020)

June 11, 2020 PACER
70

NOTICE of Hearing: Bench Trial set for 9/22/2020 - 9/25/2020 09:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. (asni, ) Modified to edit text to include an additional day for trial on 9/9/2020 (asni, ). (Entered: 06/15/2020)

June 15, 2020 RECAP
71

PLAINTIFF'S ID OF EXPERT WITNESSES by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams.(Dunn, Susan) (Main Document 71 replaced on 6/30/2020) (asni, ). (Entered: 06/29/2020)

June 29, 2020 PACER
73

Consent MOTION for Leave to File by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 7/24/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1st Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 07/10/2020)

1 Exhibit 1st Amended Complaint

View on PACER

July 10, 2020 PACER
62

MOTION to Appear Pro Hac Vice by K'Shaani Smith ( Filing fee $ 250 receipt number 0420-9213735) by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore, South Carolina Democratic Party. Response to Motion due by 7/27/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Application/Affidavit of K'Shaani Smith, # 2 Supporting Documents Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Bryant, Christopher) (Entered: 07/13/2020)

1 Supporting Documents Application/Affidavit of K'Shaani Smith

View on PACER

2 Supporting Documents Proposed Order

View on PACER

July 13, 2020 PACER
74

ORDER granting 73 Motion for Leave to File Amended Complaint. Signed by Honorable J Michelle Childs on 7/13/2020.(asni, ) (Entered: 07/13/2020)

July 13, 2020 PACER
76

AMENDED COMPLAINT against All Defendants, filed by Family Unit Inc, The, Trena Walker, Mary T Thomas, Nea Richard, Brenda Williams, Jeremy Rutledge. Service due by 10/13/2020 (Dunn, Susan) (Entered: 07/13/2020)

July 13, 2020 RECAP
77

Summons Issued as to JoAnne Day. (asni, ) (Entered: 07/13/2020)

July 13, 2020 PACER
78

Summons Issued as to Linda McCall. (asni, ) (Entered: 07/13/2020)

July 13, 2020 PACER
80

ACCEPTANCE OF SERVICE OF COMPLAINT by Linda McCall, JoAnne Day. Linda McCall served on 7/14/2020, answer due 8/4/2020; JoAnne Day served on 7/14/2020, answer due 8/4/2020. (Lambert, William) (Entered: 07/15/2020)

July 15, 2020 PACER
82

DEFENDANT'S ID OF EXPERT WITNESSES by Marci Andino, JoAnne Day, Clifford J Edler, Linda McCall, Scott Moseley, John Wells.(Trinkley, Jane) (Entered: 07/20/2020)

July 20, 2020 PACER
83

STIPULATION of Dismissal With prejudice by Trena Walker. (Dunn, Susan) (Entered: 07/21/2020)

July 21, 2020 RECAP
85

MOTION to Appear Pro Hac Vice by LaRue Robinson ( Filing fee $ 250 receipt number 0420-9235435) by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, South Carolina State Conference of the NAACP, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 8/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application by Robinson to appear PHV, # 2 Envelope Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 07/23/2020)

1 Affidavit Application by Robinson to appear PHV

View on PACER

2 Envelope Certificate of Good Standing

View on PACER

July 23, 2020 PACER
86

MOTION to Appear Pro Hac Vice by Kyle William Burns ( Filing fee $ 250 receipt number 0420-9235486) by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 8/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application of Burns to appear PHV, # 2 Envelope Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 07/23/2020)

1 Affidavit Application of Burns to appear PHV

View on PACER

2 Envelope Certificate of Good Standing

View on PACER

July 23, 2020 PACER
87

MOTION to Appear Pro Hac Vice by Skyler Silvertrust ( Filing fee $ 250 receipt number 0420-9235504) by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, South Carolina State Conference of the NAACP, Mary T Thomas, Trena Walker. Response to Motion due by 8/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application of Silvertrust to appear PHV, # 2 Exhibit Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 07/23/2020)

1 Affidavit Application of Silvertrust to appear PHV

View on PACER

2 Exhibit Certificate of Good Standing

View on PACER

July 23, 2020 PACER
88

MOTION to Appear Pro Hac Vice by Ihaab I. Syed ( Filing fee $ 250 receipt number 0420-9235534) by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, South Carolina State Conference of the NAACP, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 8/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application of Syed to Appear PHV, # 2 Exhibit Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 07/23/2020)

1 Affidavit Application of Syed to Appear PHV

View on PACER

2 Exhibit Certificate of Good Standing

View on PACER

July 23, 2020 PACER
89

TEXT ORDER granting 85 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 7/24/2020.(asni, ) (Entered: 07/24/2020)

July 24, 2020 PACER
90

TEXT ORDER granting 86 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 7/24/2020.(asni, ) (Entered: 07/24/2020)

July 24, 2020 PACER
91

TEXT ORDER granting 87 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 7/24/2020.(asni, ) (Entered: 07/24/2020)

July 24, 2020 PACER
92

TEXT ORDER granting 88 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 7/24/2020.(asni, ) (Entered: 07/24/2020)

July 24, 2020 PACER
93

MOTION to Intervene by South Carolina Republican Party. Response to Motion due by 8/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Tyson, Robert) (Entered: 07/24/2020)

July 24, 2020 PACER
94

MOTION to Appear Pro Hac Vice by John Zachary Morris ( Filing fee $ 250 receipt number 0420-9239312) by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 8/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to Appear PHV, # 2 Exhibit Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 07/24/2020)

1 Affidavit Application to Appear PHV

View on PACER

2 Exhibit Certificate of Good Standing

View on PACER

July 24, 2020 PACER
95

MOTION to Appear Pro Hac Vice by Kevin Eli Jason ( Filing fee $ 250 receipt number 0420-9239327) by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, South Carolina State Conference of the NAACP, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 8/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to Appear PHV, # 2 Envelope Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 07/24/2020)

1 Affidavit Application to Appear PHV

View on PACER

2 Envelope Certificate of Good Standing

View on PACER

July 24, 2020 PACER
96

MOTION to Appear Pro Hac Vice by Peter M. Lieb ( Filing fee $ 250 receipt number 0420-9239338) by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, South Carolina State Conference of the NAACP, Mary T Thomas, Trena Walker, Brenda Williams. Response to Motion due by 8/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application to appear PHV, # 2 Exhibit Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 07/24/2020)

1 Affidavit Application to appear PHV

View on PACER

2 Exhibit Certificate of Good Standing

View on PACER

July 24, 2020 PACER
97

TEXT ORDER granting 94 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 7/27/2020.(asni, ) (Entered: 07/27/2020)

July 27, 2020 PACER
98

TEXT ORDER granting 95 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 7/27/2020.(asni, ) (Entered: 07/27/2020)

1 Exhibit SCEC's Responses to Plaintiffs' First Set of Requests to Admit

View on PACER

2 Exhibit Absentee Authorization to Return Ballot

View on PACER

3 Exhibit USPS Postmaster General Briefing - Service Performance Management

View on PACER

July 27, 2020 PACER
99

TEXT ORDER granting 96 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 7/27/2020.(asni, ) (Entered: 07/27/2020)

July 27, 2020 PACER
100

ANSWER to 76 Amended Complaint by Marci Andino, JoAnne Day, Clifford J Edler, Linda McCall, Scott Moseley, John Wells.(Trinkley, Jane) (Entered: 07/27/2020)

July 27, 2020 RECAP
72

ANSWER to 69 Amended Complaint, by South Carolina Republican Party.(Tyson, Robert) (Entered: 07/28/2020)

July 28, 2020 PACER
101

ANSWER to 76 Amended Complaint by South Carolina Republican Party.(Tyson, Robert) (Entered: 07/28/2020)

July 28, 2020 RECAP
102

AFFIDAVIT of Records Custodian by Marci Andino, JoAnne Day, Clifford J Edler, Linda McCall, Scott Moseley, John Wells.(Trinkley, Jane) (Entered: 08/03/2020)

Aug. 3, 2020 RECAP
103

AFFIDAVIT of Records Custodian by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, South Carolina State Conference of the NAACP, Mary T Thomas.(Dunn, Susan) (Entered: 08/04/2020)

Aug. 4, 2020 RECAP
79

TEXT ORDER granting 76 Motion for Leave to File Excess Pages Signed by Honorable J Michelle Childs on 8/3/2020.(asni, ) (Entered: 08/04/2020)

Aug. 4, 2020 PACER

State / Territory: South Carolina

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 22, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four individuals seeking to vote by mail during the COVID-19 pandemic

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

NAACP Legal Defense Fund

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

South Carolina State Election Commission, State

Governor of South Carolina, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

Voting access

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Race discrimination

Race:

Black

Disability:

disability, unspecified

Voting:

Election administration