Case: Republican National Committee v. Newsom

2:20-cv-01055 | U.S. District Court for the Eastern District of California

Filed Date: May 24, 2020

Closed Date: July 9, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is an action seeking to enjoin California from enforcing EO N-64-20, which allowed Californians to vote by mail in light of the COVID-19 pandemic. On June 18, 2020, the California legislature passed a law that superseded the executive order. The plaintiffs later voluntarily dismissed the case. On May 24, 2020, the Republican National Committee, the National Republican Congressional Committee, and the California Republican Party filed this action in the U.S. District Court…

COVID-19 Summary: This is an action seeking to enjoin California from enforcing EO N-64-20, which allowed Californians to vote by mail in light of the COVID-19 pandemic. On June 18, 2020, the California legislature passed a law that superseded the executive order. The plaintiffs later voluntarily dismissed the case.


On May 24, 2020, the Republican National Committee, the National Republican Congressional Committee, and the California Republican Party filed this action in the U.S. District Court for the Eastern District of California. Represented by private counsel, the plaintiffs sued the governor and secretary of state of California under 42 U.S.C. § 1983, alleging violations of the Fourteenth Amendment and the Electors and Elections Clauses of the U.S. Constitution. Specifically, the plaintiffs challenged the governor's EO N-64-20 ("Executive Order"), which allowed Californians to vote by mail to preserve the public health, arguing that changing the "time, place, and manner in which Californians" vote was unconstitutional. The plaintiffs requested a declaratory judgment that the Executive Order violated the U.S. Constitution and an injunction prohibiting the defendants from implementing and enforcing the order.

The case was initially assigned to Judge Kimberly J. Mueller, but was reassigned to Judge Morrison C. England, Jr. because it was related to another case filed a few days earlier by California voters, VR-CA-0169 in the Clearinghouse.

On June 5, 2020, the plaintiffs moved for a preliminary injunction. The plaintiffs argued that the U.S. Constitution assigns state legislatures, rather than the governor, the power to administer federal elections and that the governor's Executive Order was therefore unconstitutional. The plaintiffs further argued that even if the California state legislature had the power to delegate the administration of elections to the governor, it had not done so. Based on this analysis, the plaintiffs concluded that they were likely to succeed on the merits of the case. In addition, they asserted that the Executive Order would likely do irreparable damage to the November 2020 election by confusing voters, undermining confidence in the electoral process, and creating an incentive to remain away from the polls. They stated that the Executive Order would also irreparably harm the plaintiffs' voting members by diluting the votes of honest voters. Lastly, the plaintiffs argued that a preliminary injunction aligned with the public's interest by preventing a violation of the plaintiffs' constitutional rights and protecting the integrity of elections.

On June 18, 2020, the California state legislature enacted AB 860, which superseded the Executive Order. On July 9, 2020, the plaintiffs' voluntarily dismissed the action.

The case is now closed.

Summary Authors

Caitlin Kierum (6/3/2020)

Nicholas Gillan (10/17/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17193086/parties/republican-national-committee-v-newsom/


Judge(s)

Delaney, Carolyn K. (California)

England, Morrison C. Jr. (California)

Attorneys(s) for Plaintiff

Baltes, Alexa R. (Virginia)

Dhillon, Harmeet K. (California)

Green, Tyler R. (Utah)

McCarthy, Thomas R. (District of Columbia)

Meuser, Mark Philip (California)

Norris, Cameron T. (Virginia)

Weir, Bryan K. (Virginia)

Attorneys(s) for Defendant

Becerra, Xavier (California)

Judge(s)

Delaney, Carolyn K. (California)

England, Morrison C. Jr. (California)

Attorneys(s) for Plaintiff

Baltes, Alexa R. (Virginia)

Dhillon, Harmeet K. (California)

Green, Tyler R. (Utah)

McCarthy, Thomas R. (District of Columbia)

Meuser, Mark Philip (California)

Norris, Cameron T. (Virginia)

Weir, Bryan K. (Virginia)

Attorneys(s) for Defendant

Becerra, Xavier (California)

Glickman, Benjamin Matthew (California)

Killeen, John W (California)

Russell, Jay C. (California)

Other Attorney(s)

Brewster, Henry J (District of Columbia)

Chaudhuri, Pooja (District of Columbia)

Cooper, Monte M.F. (California)

Diaz, Sonja Francine Marie (California)

Dunn, Chad W (Texas)

Eastman, John C. (California)

Eidmann, Kathryn A. (California)

Elgart, Courtney (District of Columbia)

Elias, Marc Erik (District of Columbia)

Friley, Jesselyn (California)

Greenbaum, Jon M. (District of Columbia)

Halbig, Benjamin T. (California)

Hawley, Jonathan P (Washington)

Khanna, Abha (Washington)

Libby, John F. (California)

Rosenbaum, Mark Dale (California)

Documents in the Clearinghouse

Document

2:20-cv-01055

Docket [PACER]

Oct. 5, 2021

Oct. 5, 2021

Docket
1

2:20-cv-01055

Complaint for Declaratory and Injunctive Relief

May 24, 2020

May 24, 2020

Complaint
24-1

2:20-cv-01055

Plaintiffs' Memorandum of Law in Support of Motion for Preliminary Injunction

June 5, 2020

June 5, 2020

Pleading / Motion / Brief
66

2:20-cv-01055

Notice of New Authority

June 19, 2020

June 19, 2020

Pleading / Motion / Brief
78

2:20-cv-01055

Plaintiffs' Notice of Voluntary Dismissal and Proposed Order

July 9, 2020

July 9, 2020

Pleading / Motion / Brief
79

2:20-cv-01055

Order

July 9, 2020

July 9, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17193086/republican-national-committee-v-newsom/

Last updated Aug. 26, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Gavin Newsom, Alex Padilla by all plaintiffs. Attorney Weir, Bryan Kipp added. (Filing fee $ 400, receipt number 0972-8904757) (Weir, Bryan) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

Clearinghouse
2

CIVIL COVER SHEET by California Republican Party, National Republican Congressional Committee, Republican National Committee (Weir, Bryan) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

PACER
3

NOTICE of RELATED CASE(S) 2:20-cv-01044-MCE by California Republican Party, National Republican Congressional Committee, Republican National Committee. (Weir, Bryan) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

RECAP
4

NOTICE of APPEARANCE by Mark Philip Meuser on behalf of California Republican Party, National Republican Congressional Committee, Republican National Committee. Attorney Meuser, Mark Philip added. (Meuser, Mark) (Entered: 05/25/2020)

May 25, 2020

May 25, 2020

RECAP
5

SUMMONS ISSUED as to *Gavin Newsom, Alex Padilla* with answer to complaint due within *21* days. Attorney *Bryan Kipp Weir* *Consovoy McCarthy PLLC* *1600 Wilson Blvd., Suite 700* *Arlington, VA 22209*. (Benson, A.) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
6

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/8/2020 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Benson, A.) (Entered: 05/26/2020)

1 Standing Order

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2 Consent Form

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3 VDRP

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May 26, 2020

May 26, 2020

PACER
7

NOTICE of APPEARANCE by Harmeet Kaur Dhillon on behalf of California Republican Party, National Republican Congressional Committee, Republican National Committee. Attorney Dhillon, Harmeet Kaur added. (Dhillon, Harmeet) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
8

ORDER signed by Senior Judge Morrison C. England, Jr on 5/26/2020 REASSIGNING CASE 2:20-cv-1055-KJM-CKD to Senior Judge Morrison C. England, Jr for all further proceedings and RELATING CASES 2:20-cv-1055-MCE-CKD and 2:20-cv-1044-MCE-CKD. Chief District Judge Kimberly J. Mueller no longer assigned to case. New Case Number: 2:20-cv-1055-MCE-CKD. (Coll, A) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

RECAP
9

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Coll, A) (Entered: 05/26/2020)

1 Consent Form

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2 VDRP

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May 26, 2020

May 26, 2020

RECAP
10

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Republican Party, National Republican Congressional Committee, Republican National Committee for attorney Tyler R. Green to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8907115) (Attachments: # 1 Certificate of Good Standing)(Weir, Bryan) (Entered: 05/26/2020)

1 Certificate of Good Standing

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May 26, 2020

May 26, 2020

PACER
11

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Republican Party, National Republican Congressional Committee, Republican National Committee for attorney Cameron T. Norris to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8907152) (Attachments: # 1 Certificate of Good Standing)(Weir, Bryan) (Entered: 05/26/2020)

1 Certificate of Good Standing

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May 26, 2020

May 26, 2020

PACER
12

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Republican Party, National Republican Congressional Committee, Republican National Committee for attorney Alexa R. Baltes to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8907167) (Attachments: # 1 Certificate of Good Standing)(Weir, Bryan) (Entered: 05/26/2020)

1 Certificate of Good Standing

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May 26, 2020

May 26, 2020

PACER
13

SUMMONS RETURNED EXECUTED: All Defendants. (Weir, Bryan) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
14

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr., on 5/29/2020 ADDING Attorney Cameron T. Norris, PHV for Plaintiffs. (Kastilahn, A) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
15

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr., on 5/29/2020 ADDING Attorney Tyler R. Green, PHV for Plaintiffs. (Kastilahn, A) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
16

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr., on 5/29/2020 ADDING Attorney Alexa R. Baltes, PHV for plaintiffs. (Kastilahn, A) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
17

MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Complaints filed in Issa et al. v. Newsom et al., 2:20-cv-01044-MCE-CKD, and Republican National Committee et al. v. Newsom et al., 2:20-cv-01055-MCE-CKD. After a review of the dockets and on the Court's own motion, the following briefing schedule is ordered in both cases: Plaintiffs' Motions for Preliminary Injunction shall be filed on or before June 11, 2020, Defendants' Oppositions shall be filed on or before June 25, 2020, and Plaintiffs' Replies shall be filed on or before July 9, 2020. Request(s) for Sur-replies will not be considered. A joint hearing on Plaintiffs' Motions for Preliminary Injunction will be conducted by videoconference on July 16, 2020, at 2:00 p.m. The Court places a page limit for points and authorities (exclusive of exhibits and other supporting documentation) of twenty (20) pages on all initial moving papers, twenty (20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases must be made in writing with a proposed order setting forth any and all reasons for any increase in page limit at least seven (7) days prior to the filing of the motion. (Deutsch, S) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
18

MOTION to INTERVENE as Defendants by Democratic Congressional Campaign Committee, Democratic Party of California. Attorney Hawley, Jonathan Patrick added. Motion Hearing set for 7/9/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr.. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Hawley, Jonathan) (Entered: 06/03/2020)

1 Proposed Order

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2 Exhibit

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June 3, 2020

June 3, 2020

RECAP
19

REQUEST and PROPOSED ORDER for Expedited Briefing Schedule by Democratic Congressional Campaign Committee, Democratic Party of California re 18 Motion to Intervene as Defendants filed by Democratic Party of California, Democratic Congressional Campaign Committee. (Hawley, Jonathan) Modified on 6/5/2020 (Kastilahn, A). (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
20

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/4/2020 ORDERING any responses to Proposed Intervenors' Motion to Intervene as Defendants shall be filed on or before Friday, 6/5/2020. Proposed Intervenors shall file a reply on or before Monday, 6/8/2020. (Zignago, K.) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

RECAP
21

NOTICE of APPEARANCE by Jonathan Patrick Hawley on behalf of Democratic Congressional Campaign Committee, Democratic Party of California. (Hawley, Jonathan) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
22

RESPONSE by California Republican Party, National Republican Congressional Committee, Republican National Committee to 18 Motion to Intervene,. (Weir, Bryan) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
23

STIPULATION and PROPOSED ORDER granting Defendants' an extension of time to Respond to the Complaint by Gavin Newsom, Alex Padilla. Attorney Killeen, John William added. (Killeen, John) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
24

MOTION for PRELIMINARY INJUNCTION by California Republican Party, National Republican Congressional Committee, Republican National Committee. Motion Hearing set for 7/16/2020 at 02:00 PM before Senior Judge Morrison C. England Jr.. (Attachments: # 1 Memorandum, # 2 Declaration Weir, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit BB, # 31 Exhibit CC, # 32 Exhibit DD, # 33 Declaration Hughes, # 34 Declaration Watkins, # 35 Proposed Order)(Weir, Bryan) (Entered: 06/05/2020)

1 Memorandum

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2 Declaration Weir

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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16 Exhibit N

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17 Exhibit O

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18 Exhibit P

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19 Exhibit Q

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20 Exhibit R

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21 Exhibit S

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22 Exhibit T

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23 Exhibit U

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24 Exhibit V

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25 Exhibit W

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26 Exhibit X

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27 Exhibit Y

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28 Exhibit Z

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29 Exhibit AA

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30 Exhibit BB

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31 Exhibit CC

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32 Exhibit DD

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33 Declaration Hughes

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34 Declaration Watkins

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35 Proposed Order

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June 5, 2020

June 5, 2020

PACER
25

DECLARATION of Ben Mitchell in support of 24 Motion for Preliminary Injunction. (Weir, Bryan) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
26

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Abha Khanna to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928448) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020)

1 Certificate of Good Standing

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June 8, 2020

June 8, 2020

PACER
27

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Marc Elias to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928468) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020)

1 Certificate of Good Standing

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June 8, 2020

June 8, 2020

PACER
28

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Henry Brewster to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928479) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020)

1 Certificate of Good Standing

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June 8, 2020

June 8, 2020

PACER
29

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Courtney Elgart to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928495) (Attachments: # 1 Certificate of Good Standing)(Hawley, Jonathan) (Entered: 06/08/2020)

1 Certificate of Good Standing

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June 8, 2020

June 8, 2020

PACER
30

REPLY by Democratic Congressional Campaign Committee, Democratic Party of California in support of 18 Motion to Intervene. (Hawley, Jonathan) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
31

[DISREGARD - ISSUED IN ERROR. SEE ECF NO. 39] MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion, the July 16, 2020 joint hearing on Plaintiffs' Motions for Preliminary Injunction in the matters of Issa et al. v. Newsom et al., 2:20-cv-01044-MCE-CKD, and Republican National Committee et al. v. Newsom et al., 2:20-cv-01055-MCE-CKD, is ADVANCED to 10:00 am and will be conducted via videoconference. The previously imposed briefing schedule set forth in the Court's June 2, 2020 Minute Order is CONFIRMED. Given the hearing will be conducted by videoconference, not later than seven (7) days prior to the hearing (or any continued hearing date where remote appearances will be necessary) the parties are directed to file with the Court: (1) a waiver of the appearing party's personal appearance signed by the party; and (2) a proposed order addressing the same. If the parties fail to timely comply with this order, the matter may be continued on the Court's own motion without further notice. (Deutsch, S) Modified on 6/10/2020 (Deutsch, S). (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
32

MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the July 9, 2020 hearing on the Motion to Intervene 18 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
33

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Abha Khanna added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
34

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Marc E. Elias added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
35

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Henry James Brewster added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
36

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Courtney A. Elgart added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
37

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING that time for Defendants to answer or otherwise respond to the complaint is EXTENDED until two weeks after the Court's decision on Plaintiffs' motion for preliminary injunction. (Zignago, K.) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

RECAP
38

MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 GRANTING 18 Motion to Intervene. The deadline for the Proposed Intervenors to answer or otherwise respond to the Complaints shall be the same as the deadline, or any continued deadline, set for Defendants to answer or otherwise respond. (Zignago, K.) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

RECAP
39

CLERK'S NOTICE of DOCKET CORRECTION as to ECF No. 31. AMENDED MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The following Amended Minute Order amends and supersedes the Minute Order issued at ECF No. 31. On the Court's own motion, the July 16, 2020 joint hearing on Plaintiffs' Motions for Preliminary Injunction in the matters of Issa et al. v. Newsom et al., 2:20-cv-01044-MCE-CKD, and Republican National Committee et al. v. Newsom et al., 2:20-cv-01055-MCE-CKD, is ADVANCED to 10:00 am and will be conducted via videoconference. The Courtroom Deputy will email counsel with specific instructions. The previously imposed briefing schedule set forth in the Court's June 2, 2020 Minute Order is CONFIRMED. Given that the hearing will be conducted by videoconference, not later than seven (7) days prior to the hearing (or any continued hearing date where remote appearances will be necessary) counsel shall file a notice confirming receipt of the Court's instructions and consenting to appear based on the directives therein. Failure to timely comply with this directive may result in the continuance of this hearing on the Court's own motion and upon no further notice to the parties. (Deutsch, S) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
40

MOTION to INTERVENE as Defendents by California Common Cause, League of Women Voters of California, Community Coalition. Attorney Libby, John F. added. Motion Hearing set for 7/9/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Answer, # 2 Declaration of California Common Cause, # 3 Declaration of League of Women Voters of California, # 4 Declaration of Community Coalition, # 5 Declaration of Ranit Mishor, # 6 Proposed Order)(Libby, John) (Entered: 06/10/2020)

1 Proposed Answer

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2 Declaration of California Common Cause

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3 Declaration of League of Women Voters of California

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4 Declaration of Community Coalition

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5 Declaration of Ranit Mishor

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6 Proposed Order

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June 10, 2020

June 10, 2020

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41

MOTION to SHORTEN TIME for Briefing Schedule by California Common Cause, Community Coalition, League of Women Voters of California. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 06/10/2020)

1 Proposed Order

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June 10, 2020

June 10, 2020

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42

NOTICE of APPEARANCE by Jon M. Greenbaum on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Greenbaum, Jon M. added. (Greenbaum, Jon) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
43

MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Proposed Intervenor-Defendants' Motion to Shorten Time for Briefing Schedule and the Issa Plaintiffs' Opposition. Accordingly, any responses to the Motion to Intervene as Defendants shall be filed no later than Monday, June 15, 2020, and the Proposed Intervenor-Defendants replies shall be filed no later than Wednesday, June 17, 2020. The July 9, 2020 hearing on the Motion to Intervene as Defendants is vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
44

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Republican Party, National Republican Congressional Committee, Republican National Committee for attorney Thomas R. McCarthy to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8936073) (Attachments: # 1 Certificate of Good Standing)(Weir, Bryan) (Entered: 06/11/2020)

1 Certificate of Good Standing

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June 11, 2020

June 11, 2020

PACER
45

MOTION for LEAVE to FILE AMICUS BRIEF by Public Interest Legal Foundation. Attorney Eastman, John C added. Motion Hearing set for 6/19/2020 at 09:00 AM before Senior Judge Morrison C. England Jr. (Attachments: # 1 Proposed Amicus Brief, # 2 Exhibit A)(Eastman, John) (Entered: 06/12/2020)

1 Proposed Amicus Brief

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2 Exhibit A

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June 12, 2020

June 12, 2020

PACER
46

MOTION to INTERVENE as DEFENDANTS by LULAC, California LULAC. Motion Hearing set for 7/9/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: # 1 Proposed Order) (Diaz, Sonja) Modified on 6/15/2020 (York, M). (Entered: 06/12/2020)

1 Proposed Order

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June 12, 2020

June 12, 2020

PACER
47

MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Public Interest Legal Foundation's Motion for Leave to File Amicus Curiae Brief. Accordingly, any responses to this motion shall be filed no later than Tuesday, June 16, 2020. The June 19, 2020 hearing on this Motion is vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
48

MOTION to INTERVENE as DEFENDANTS by California League of Conservation Voters, California League of Conservation Voters Education Fund. Attorney Norris, Trenton H. added. Motion Hearing set for 7/23/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: # 1 Memorandum, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order) (Norris, Trenton) Modified on 6/15/2020 (York, M). (Entered: 06/12/2020)

1 Memorandum

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2 Exhibit 1

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3 Exhibit 2

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4 Proposed Order

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June 12, 2020

June 12, 2020

PACER
49

REQUEST and PROPOSED ORDER to Expedite Briefing Schedule on 48 Motion to Intervene as Defendants by California League of Conservation Voters, California League of Conservation Voters Education Fund. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Norris, Trenton) Modified on 6/15/2020 (York, M). (Entered: 06/12/2020)

1 Affidavit

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2 Proposed Order

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June 12, 2020

June 12, 2020

PACER
50

MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Motions to Intervene as Defendants by LULAC, 46, and CLCV, 48 . Accordingly, any responses to these Motions shall be filed no later than Wednesday, June 17, and the Proposed Intervenor-Defendants' replies shall be filed no later than Friday, June 19, 2020. The July 9, 2020 and July 23, 2020 hearing dates on the Motions are hereby vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
51

NOTICE of APPEARANCE by Benjamin Thorman Halbig on behalf of California League of Conservation Voters, California League of Conservation Voters Education Fund. Attorney Halbig, Benjamin Thorman added. (Halbig, Benjamin) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
52

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California LULAC, LULAC for attorney Chad Wilson Dunn to appear Pro Hac Vice. (Filing fee $225, receipt number 0972-8940355) (Attachments: # 1 Certificate of Good Standing)(Diaz, Sonja) (Entered: 06/15/2020)

1 Certificate of Good Standing

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June 15, 2020

June 15, 2020

PACER
53

OPPOSITION by California Republican Party, National Republican Congressional Committee, Republican National Committee to 40 Motion to Intervene. (Weir, Bryan) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
54

RESPONSE by California Republican Party, National Republican Congressional Committee, Republican National Committee to 45 Motion for Leave to File Amicus Brief. (Weir, Bryan) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
55

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr on 6/16/2020. Added attorney Thomas R. McCarthy, PHV for California Republican Party, National Republican Congressional Committee, and Republican National Committee. (Coll, A) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
56

OPPOSITION by California Republican Party, National Republican Congressional Committee, Republican National Committee to 46 and 48 Motions to Intervene. (Weir, Bryan) Modified on 6/17/2020 (York, M). (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
57

REPLY in SUPPORT of 40 Motion to Intervene by California Common Cause, Community Coalition, League of Women Voters of California. (Libby, John). Modified on 6/18/2020 (York, M). (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
58

NOTICE of APPEARANCE by Jay Craig Russell on behalf of Gavin Newsom, Alex Padilla. Attorney Russell, Jay Craig added. (Russell, Jay) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
59

NOTICE of APPEARANCE by Jesselyn Kate Friley on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Friley, Jesselyn Kate added. (Friley, Jesselyn) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
60

NOTICE of APPEARANCE by Kathryn Ann Eidmann on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Eidmann, Kathryn Ann added. (Eidmann, Kathryn) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
61

PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/18/2020 ADDING attorney Chad Wilson Dunn, PHV for California LULAC, LULAC. (Huang, H) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
62

NOTICE of APPEARANCE by Mark D. Rosenbaum on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Rosenbaum, Mark D. added. (Rosenbaum, Mark) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
63

NOTICE of APPEARANCE by Pooja Chaudhuri on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Chaudhuri, Pooja added. (Chaudhuri, Pooja) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
64

REPLY by California League of Conservation Voters, California League of Conservation Voters Education Fund re 48 Motion to Intervene,. (Norris, Trenton) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
65

REPLY by California LULAC, LULAC to RESPONSE to 46 Motion to Intervene,. (Dunn, PHV, Chad) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
66

NOTICE OF NEW AUTHORITY by Gavin Newsom, Alex Padilla. (Killeen, John) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

Clearinghouse
67

ORDER signed by Senior Judge Morrison C. England, Jr. on 6/22/2020 DENYING 40, 46, and 48 Motions to Intervene. Common Cause, LULAC, and CLCV may, but are not required to, file amicus briefs within 14 days following the date this Order is electronically filed. The parties' responses, if any, to the amicus briefs shall be filed not later than 7 days after the amicus briefs are filed. No reply will be permitted. (Huang, H) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

RECAP
68

AMICUS CURIAE BRIEF filed by Public Interest Legal Foundation. (Attachments: # 1 Exhibit A)(Eastman, John) Modified on 6/24/2020 (Zignago, K.). (Entered: 06/23/2020)

1 Exhibit A

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June 23, 2020

June 23, 2020

RECAP
69

OPPOSITION by Democratic Congressional Campaign Committee, Democratic Party of California to 24 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Hawley, Jonathan) Modified on 6/26/2020 (Zignago, K.). (Entered: 06/25/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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June 25, 2020

June 25, 2020

RECAP
70

OPPOSITION by Gavin Newsom, Alex Padilla to 24 Motion for Preliminary Injunction. (Attachments: # 1 Declaration of John Killeen, # 2 Declaration of Jana Lean, # 3 Declaration of Dr. James Watts, # 4 Request for Judicial Notice)(Killeen, John) (Entered: 06/25/2020)

1 Declaration of John Killeen

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2 Declaration of Jana Lean

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3 Declaration of Dr. James Watts

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4 Statement Request for Judicial Notice

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June 25, 2020

June 25, 2020

RECAP
71

DECLARATION of Jonathan P. Hawley re 69 Opposition to Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Hawley, Jonathan) Modified on 6/26/2020 (Zignago, K.). (Entered: 06/25/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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June 25, 2020

June 25, 2020

PACER
72

MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union of Northern California, American Civil Liberties Union of Southern California, American Civil Liberties Union of San Diego and Imperial Counties. Attorney Cooper, Monte M.F. added. (Attachments: # 1 Proposed Order)(Cooper, Monte) (Entered: 07/02/2020)

1 Proposed Order

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July 2, 2020

July 2, 2020

RECAP
73

AMICUS BRIEF in Support of Opposition to 24 Motion for Preliminary Injunction filed by California Common Cause, Community Coalition, League of Women Voters of California. (Libby, John) Modified on 7/8/2020 (Mena-Sanchez, L). (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
74

AMICUS CURIAE BRIEF in Opposition to 24 Motion for a Preliminary Injunction filed by California League of Conservation Voters, California League of Conservation Voters Education Fund. (Norris, Trenton) Modified on 7/8/2020 (Mena-Sanchez, L). (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
75

ORDER signed by Senior Judge Morrison C. England, Jr. on 7/7/2020 GRANTING 72 Motion for Leave to File Amicus Curiae Briefs. ACLU-CA shall file their amicus briefs no later than Thursday, 7/23/2020, and the briefs shall not exceed ten (10) pages. The parties' responses, if any, to the amicus briefs shall be filed not later than seven (7) days after the amicus briefs are filed and shall not exceed ten (10) pages. No reply will be permitted. (Zignago, K.) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

RECAP
76

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California League of Conservation Voters, California League of Conservation Voters Education Fund for attorney Eliza Sweren-Becker to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8985912) (Attachments: # 1 Certificate of Good Standing)(Halbig, Benjamin) (Entered: 07/09/2020)

1 Certificate of Good Standing

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July 9, 2020

July 9, 2020

PACER
77

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California League of Conservation Voters, California League of Conservation Voters Education Fund for attorney Myrna Perez to appear Pro Hac Vice. (Attachments: # 1 Certificate of Good Standing)(Halbig, Benjamin) (Entered: 07/09/2020)

1 Certificate of Good Standing

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July 9, 2020

July 9, 2020

PACER
78

NOTICE of VOLUNTARY DISMISSAL by California Republican Party, National Republican Congressional Committee, Republican National Committee. (Attachments: # 1 Proposed Order)(Weir, Bryan) (Entered: 07/09/2020)

1 Proposed Order

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July 9, 2020

July 9, 2020

RECAP
79

ORDER signed by Senior Judge Morrison C. England, Jr on 7/9/2020 ORDERING in consideration of Plaintiffs' Notice of Voluntary Dismissal, Plaintiffs' Complaint is hereby DISMISSED in its entirety under Federal Rule of Civil Procedure 41(a)(1)(A). The parties shall bear their own attorneys' fees, expenses, and costs, and the Clerk of the Court is directed to close the case. CASE CLOSED. (Becknal, R) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Multi-LexSum (in sample)

Key Dates

Filing Date: May 24, 2020

Closing Date: July 9, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

National and California Republican organizations

Plaintiff Type(s):

Non-DOJ federal government plaintiff

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of California, State

Secretary of State of California, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Voting access

Voting:

Election administration

Voter qualifications