Case: Middleton v. Andino

3:20-cv-01730 | U.S. District Court for the District of South Carolina

Filed Date: May 1, 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. 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 South Carolina voters, candidates, and democratic organizations, seeking to enjoin various voting restrictions in the South Carolina law. Som…

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. 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 South Carolina voters, candidates, and democratic organizations, seeking to enjoin various voting restrictions in the South Carolina law. Some of their claims were mooted as to the June elections as South Carolina legislation passed on May 12 allowed voters to vote by absentee ballot. On May 25, the court partially granted a preliminary injunction, enjoining the witness requirement for the June 2020 primaries.

On May 1, 2020 several South Carolina political candidates and voters, as well as the South Carolina Democratic Party, the Democratic National Committee, and the Democratic Congressional Campaign Committee, filed this action in the U.S. District Court for the District of South Carolina, seeking relief from five voting provisions in the state law:

(1) the "Absentee Ballot Age Restriction," which prohibited all voters under 65 from casting mail-in ballots unless they are disabled or confined in jail; (2) the "Postage Tax," which required voters to pay postage for their absentee ballot if they wished to vote; (3) the "Election Day Cutoff," which rejected ballots not received by 7 pm on election day; (4) the "Absentee Assistance Ban," which prohibited candidates or paid campaign staff from assisting absentee voters; and (5) the "Witness Requirement," which required a witness to sign the absentee ballot in order for the vote to be counted.
The plaintiffs, represented by private counsel, sued the South Carolina State Election Commission and the Election Commissioner. They sought declaratory and injunctive relief under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-02 for violations of the First, Fourteenth, Twenty-Fourth, and Twenty-Sixth Amendments, as well as the Voting Rights Act, 52 U.S.C. §§ 10301-02. Specifically, the plaintiffs alleged that South Carolina's laws surrounding absentee voting unconstitutionally burdened the rights of some voters, especially in light of the COVID-19 pandemic. The case was assigned to Judge Michelle Childs.

On May 7, the plaintiffs filed a motion for preliminary injunction to stop the defendants from enforcing the Absentee Ballot Age Restriction, the Witness Requirement, and the Election Day Cutoff. They also requested the court to consolidate the motion hearing with another action where the plaintiffs had filed a motion for preliminary injunction against the same defendants.

The South Carolina Republican Party moved to intervene on May 11, which was granted on May 12.

Additionally, 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. These legislative changes mooted the plaintiffs' requests as to the Excuse Requirement and the Absentee Ballot Age Requirement for the June primaries. In light of the hearing scheduled for May 15, the plaintiffs attempted to extend their request for relief beyond the June primaries. The court limited the issues for the hearing, stating that the plaintiff's motion for preliminary injunction clearly sought only relief for June, and as such, the defendants had not been given proper notice.

The defendants and intervenors filed oppositions to the plaintiffs' motion for preliminary injunction on May 14.

On May 25, the court granted the motion for preliminary injunction in part, enjoining the defendants from enforcing the Witness Requirement for the June 2020 primaries. The defendants were also ordered to immediately and publicly inform South Carolina voters of the elimination of the witness requirement. 2020 WL 2617329.

The case is ongoing.

Summary Authors

Caitlin Kierum (6/4/2020)

Related Cases

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17128330/parties/middleton-v-andino/


Judge(s)

Childs, Julianna Michelle (South Carolina)

Attorneys(s) for Plaintiff

Bryant, Christopher James (District of Columbia)

Elias, Marc Erik (District of Columbia)

Shah, Sopen B. (Wisconsin)

Spiva, Bruce V. (District of Columbia)

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)

Judge(s)

Childs, Julianna Michelle (South Carolina)

Attorneys(s) for Plaintiff

Bryant, Christopher James (District of Columbia)

Elias, Marc Erik (District of Columbia)

Shah, Sopen B. (Wisconsin)

Spiva, Bruce V. (District of Columbia)

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)

Trinkley, Jane W (South Carolina)

Other Attorney(s)

Smith, James Emory Jr. (South Carolina)

Stepp, Robert Erving (South Carolina)

Traywick, Vordman Carlisle (South Carolina)

Tyson, Robert E (South Carolina)

Expert/Monitor/Master

Andino, Marci (South Carolina)

Documents in the Clearinghouse

Document

Docket

June 2, 2020 Docket
1, 1-1 & 1-2

Complaint for Injunctive and Declaratory Relief

May 1, 2020 Complaint
13, 13-1 & 13-2

Plaintiffs' Motion and Incorporated Brief in Support of Motion for Preliminary Injunction

May 7, 2020 Pleading / Motion / Brief
33 & 33-1

Intervenor-Defendant South Carolina Republican Party's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

May 14, 2020 Pleading / Motion / Brief
32 & 32-1 to 32-3

Defendants’ Opposition to Motion for Preliminary Injunction

May 14, 2020 Pleading / Motion / Brief
37

Findings of Fact, Conclusions of Law, and Order and Opinion Granting in Part Motion for Preliminary Injunction

2020 WL 2617329

May 25, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17128330/middleton-v-andino/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against Marci Andino, Clifford J Elder, Scott Moseley, John Wells ( Filing fee $ 400 receipt number 0420-9082057.), filed by Ernestine Moore, Deon Tedder, Carlyle Dixon, Tonya Winbush, DCCC, DNC Services Corporation/Democratic National Committee, Kylon Middleton, South Carolina Democratic Party, Amos Wells. Service due by 7/30/2020 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(asni, ) (Entered: 05/04/2020)

1 Exhibit 1

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2 Exhibit 2

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May 1, 2020 RECAP
2

Summons Issued as to Marci Andino. (asni, ) (Entered: 05/04/2020)

May 1, 2020 PACER
3

Summons Issued as to John Wells. (asni, ) (Entered: 05/04/2020)

May 1, 2020 PACER
4

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

May 1, 2020 PACER
5

Summons Issued as to Scott Moseley. (asni, ) (Entered: 05/04/2020)

May 1, 2020 PACER
6

Local Rule 26.01 Answers to Interrogatories by DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore, South Carolina Democratic Party, Deon Tedder, Amos Wells, Tonya Winbush.(asni, ) (Entered: 05/04/2020)

May 1, 2020 PACER
8

DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by DCCC.(Bryant, Christopher) (Entered: 05/05/2020)

May 5, 2020 PACER
9

DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by DNC Services Corporation/Democratic National Committee.(Bryant, Christopher) (Entered: 05/05/2020)

May 5, 2020 PACER
10

DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by South Carolina Democratic Party.(Bryant, Christopher) (Entered: 05/05/2020)

May 5, 2020 PACER
11

MOTION for Leave to File Amicus Brief by Alan Wilson. Response to Motion due by 5/21/2020. 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: 05/07/2020)

May 7, 2020 PACER
12

TEXT ORDER granting 11 Motion for Leave to File Amicus Brief. Signed by Honorable J Michelle Childs on 5/7/2020.(asni, ) (Entered: 05/07/2020)

May 7, 2020 PACER
13

MOTION for Preliminary Injunction 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 5/21/2020. 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 1 - Declaration of Deon Tedder, # 2 Exhibit 2 - Declaration of Kylon Middleton)No proposed order.(Bryant, Christopher) (Entered: 05/07/2020)

1 Exhibit 1 - Declaration of Deon Tedder

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2 Exhibit 2 - Declaration of Kylon Middleton

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May 7, 2020 PACER
14

MOTION for Hearing Rule 42(a)(1) to Consolidate the Hearing of the Motion for Preliminary Injunction 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 5/21/2020. 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.(Bryant, Christopher) (Entered: 05/07/2020)

May 7, 2020 PACER
15

TEXT ORDER granting 14 Motion to Consolidate the Hearing. Signed by Honorable J Michelle Childs on 5/8/2020.(asni, ) (Entered: 05/08/2020)

May 8, 2020 PACER
16

NOTICE of Hearing on Motion 13 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: 05/08/2020)

May 8, 2020 PACER
18

NOTICE of Appearance by William Grayson Lambert on behalf of Marci Andino, Clifford J Elder, Scott Moseley, John Wells (Lambert, William) (Entered: 05/08/2020)

May 8, 2020 PACER
19

NOTICE of Appearance by Mary Elizabeth Crum on behalf of Marci Andino, Clifford J Elder, Scott Moseley, John Wells (Crum, Mary) (Entered: 05/08/2020)

May 8, 2020 PACER
20

NOTICE of Appearance by Jane W Trinkley on behalf of Marci Andino, Clifford J Elder, Scott Moseley, John Wells (Trinkley, Jane) (Entered: 05/08/2020)

May 8, 2020 PACER
21

TEXT ORDER directing defendants to file a response due Thursday May 14, 2020 by noon re 13 MOTION for Preliminary Injunction. Signed by Honorable J Michelle Childs on 5/8/2020. (asni, ) (Entered: 05/08/2020)

May 8, 2020 PACER
22

MOTION to Intervene by South Carolina Republican Party. 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 Exhibit, # 2 Exhibit)No proposed order.(Tyson, Robert) (Entered: 05/11/2020)

1 Exhibit

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2 Exhibit

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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

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2 Proposed Order

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May 11, 2020 PACER
24

MOTION to Appear Pro Hac Vice by Marc E. Elias ( Filing fee $ 250 receipt number 0420-9094511) 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 Marc Elias, # 2 Proposed Order)No proposed order.(Bryant, Christopher) (Entered: 05/11/2020)

1 Supporting Documents Application/Affidavit of Marc Elias

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2 Proposed Order

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May 11, 2020 PACER
25

TEXT ORDER granting 23 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 5/11/2020.(asni, ) (Entered: 05/11/2020)

May 11, 2020 PACER
26

TEXT ORDER granting 24 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 5/11/2020.(asni, ) (Entered: 05/11/2020)

May 11, 2020 PACER
27

TEXT ORDER: This matter is before the court pursuant to the South Carolina Republican Party's ("SCRP") Motion to Intervene pursuant to Rules 24(a) and 24(b) of the Federal Rules of Civil Procedure. (ECF No. 22.) Neither Plaintiffs nor Defendants have any stated position as to the merits of the SCRP's Motion. (Id. at 1.) For the reasons set forth in the related case, Thomas v. Andino, C/A No.: 3:20-cv-01552-JMC, 2020 WL 2306615 (D.S.C. May 8, 2020), the court GRANTS the SCRP's Motion to Intervene pursuant to Rule 24(b)(2) of the Federal Rules of Civil Procedure. (ECF No. 22 ) The South Carolina Republican Party is subject to the same expedited schedule previously entered by the court requiring briefs in response to Plaintiffs' Motion for Preliminary Injunction (ECF No. 13) to be filed by noon on Thursday, May 14, 2020. (See ECF No. 21.) Signed by Honorable J Michelle Childs on 5/12/2020.(asni, ) (Entered: 05/12/2020)

May 12, 2020 PACER
28

ORDER regarding posture of case for hearing May 15, 2020. Signed by Honorable J Michelle Childs on 5/12/2020. (asni, ) (Entered: 05/12/2020)

May 12, 2020 RECAP
29

Amicus Curiae Brief entered by James Emory Smith, Jr on behalf of Alan Wilson. (Attachments: # 1 Exhibit SC Legislature Bill S635)(Smith, James) (Main Document 29 replaced on 5/13/2020 with corrected pdf) (kbos). (Entered: 05/13/2020)

1 Exhibit SC Legislature Bill S635

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May 13, 2020 PACER
30

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)

May 14, 2020 PACER
31

Letter from Christopher J. Bryant. (Bryant, Christopher) (Entered: 05/14/2020)

May 14, 2020 PACER
32

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction Defendants' Opposition to Motion for Preliminary Injunction Response filed by Marci Andino, Clifford J Elder, Scott Moseley, John Wells.Reply to Response to Motion due by 5/21/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Lambert, William) (Entered: 05/14/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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May 14, 2020 PACER
33

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction Response filed by South Carolina Republican Party.Reply to Response to Motion due by 5/21/2020 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: 05/14/2020)

1 Exhibit

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May 14, 2020 PACER
34

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 PACER
35

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
36

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
37

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 PACER
39

AFFIDAVIT of Service for Summons and Complaint for Injunctive and Declaratory Relief served on Marci Andino on 05/08/2020, filed by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore. (Bryant, Christopher) (Entered: 05/28/2020)

May 28, 2020 PACER
40

AFFIDAVIT of Service for Summons and Complaint for Injunctive and Declaratory Relief served on Clifford J. Elder on 05/08/2020, filed by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore. (Bryant, Christopher) (Entered: 05/28/2020)

May 28, 2020 PACER
41

AFFIDAVIT of Service for Summons and Complaint for Injunctive and Declaratory Relief served on Scott Moseley on 05/08/2020, filed by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore. (Bryant, Christopher) (Entered: 05/28/2020)

May 28, 2020 PACER
42

AFFIDAVIT of Service for Summons and Complaint for Injunctive and Declaratory Relief served on John Wells on 05/08/2020, filed by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore. (Bryant, Christopher) (Entered: 05/28/2020)

May 28, 2020 PACER
44

ANSWER to 1 Complaint, by Marci Andino, Clifford J Elder, Scott Moseley, John Wells.(Trinkley, Jane) (Entered: 05/29/2020)

May 29, 2020 PACER
45

Local Rule 26.01 Answers to Interrogatories by Marci Andino, Clifford J Elder, Scott Moseley, John Wells.(Trinkley, Jane) (Entered: 05/29/2020)

May 29, 2020 PACER
47

ANSWER to 1 Complaint, by South Carolina Republican Party.(Tyson, Robert) (Entered: 06/02/2020)

June 2, 2020 PACER
48

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

June 2, 2020 PACER
49

MOTION to Appear Pro Hac Vice by Sopen Shah ( Filing fee $ 250 receipt number 0420-9146188) 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 6/23/2020. 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 Sopen Shah, # 2 Proposed Order)No proposed order.(Bryant, Christopher) (Entered: 06/09/2020)

1 Supporting Documents Application/Affidavit of Sopen Shah

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2 Proposed Order

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June 9, 2020 PACER
50

TEXT ORDER granting 49 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 6/9/2020.(asni, ) (Entered: 06/09/2020)

June 9, 2020 PACER
51

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
52

NOTICE of Hearing: Scheduling Conference set for 6/16/2020 11:00 AM before Honorable J Michelle Childs. This hearing will be conducted by telephone. Plaintiff's counsel shall initiate the call and have all parties on the line prior to contacting the court at 803-765-6475.(asni, ) Modified to correct phone number on 6/15/2020 (asni, ). (Entered: 06/15/2020)

June 15, 2020 PACER
53

Minute Entry. Proceedings held before Honorable J Michelle Childs: Scheduling Conference held on 6/16/2020. Counsel to submit proposed scheduling orders by Thursday, June 18, 2020. Court Reporter Jenny Williams. (mflo, ) (Entered: 06/16/2020)

June 16, 2020 PACER
54

SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 1/15/2021, Defendants ID of Expert Witnesses Due by 2/22/2021, Records Custodian Affidavit due by 3/15/2021, Discovery due by 3/15/2021, Motions due by 4/1/2021, Rule 26(a)(3) Disclosures due by 4/26/2021, Bench Trial Deadline 6/7/2021, Signed by Honorable J Michelle Childs on June 19, 2020. (kbos) (Entered: 06/19/2020)

June 19, 2020 PACER
55

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Telephonic Scheduling Conference held on June 16, 2020, before Judge J. Michelle Childs. Court Reporter/Transcriber Jennifer H. Williams, RPR, Telephone number/E-mail Jenny_Williams@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 7/17/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/24/2020. (jwil, ) (Entered: 06/26/2020)

June 26, 2020 PACER
56

MOTION for Judgment on the Pleadings by Marci Andino, Clifford J Elder, Scott Moseley, John Wells. Response to Motion due by 7/10/2020. 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, # 2 Exhibit Declaration of Marci Andino)No proposed order.(Lambert, William) (Entered: 06/26/2020)

1 Memo in Support

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2 Exhibit Declaration of Marci Andino

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June 26, 2020 RECAP
58

STIPULATION of Dismissal Without Prejudice on Prepaid Postal Claims by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore, South Carolina Democratic Party. (Bryant, Christopher) (Entered: 07/08/2020)

July 8, 2020 RECAP
59

NOTICE OF JOINDER re 56 MOTION for Judgment on the Pleadings by Robert E Tyson, Jr on behalf of South Carolina Republican Party (Tyson, Robert) (Entered: 07/10/2020)

July 10, 2020 PACER
61

RESPONSE in Opposition re 56 MOTION for Judgment on the Pleadings Response filed by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore, South Carolina Democratic Party, Deon Tedder, Amos Wells, Tonya Winbush.Reply to Response to Motion due by 7/17/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Allendale County Absentee Ballots Postmarked on or before Election Day but Rejected Due to the Election Day Cutoff (June 2020), # 2 Exhibit Marion County Absentee Ballots Signed and Dated before the Election and Rejected Due to the Election Day Cutoff (June 2020), # 3 Exhibit USPS OIG July 7, 2020 Report)(Bryant, Christopher) (Entered: 07/10/2020)

1 Exhibit Allendale County Absentee Ballots Postmarked on or before Election Day b

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2 Exhibit Marion County Absentee Ballots Signed and Dated before the Election and

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3 Exhibit USPS OIG July 7, 2020 Report

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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

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2 Supporting Documents Proposed Order

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July 13, 2020 PACER
64

TEXT ORDER granting 62 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 7/14/2020.(asni, ) (Entered: 07/14/2020)

July 14, 2020 PACER
65

REPLY to Response to Motion re 56 MOTION for Judgment on the Pleadings Response filed by Marci Andino, Clifford J Elder, Scott Moseley, John Wells. (Lambert, William) (Entered: 07/16/2020)

July 16, 2020 PACER
67

Consent MOTION to Amend/Correct 1 Complaint, 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 8/3/2020. 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 Proposed First Amended Complaint, # 2 Exhibit Redlined Proposed First Amended Complaint)No proposed order.(Bryant, Christopher) (Entered: 07/20/2020)

1 Exhibit Proposed First Amended Complaint

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2 Exhibit Redlined Proposed First Amended Complaint

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July 20, 2020 PACER
68

TEXT ORDER The matter before the court is Plaintiffs Kylon Middleton, Deon Tedder, Amos Wells, Carlyle Dixon, Tonya Winbush, Ernestine Moore, the South Carolina Democratic Party ("SCDP"), Democratic National Committee ("DNC"), and DCCC's Motion for Leave to Amend their Complaint (ECF No. 67). In their Motion, Plaintiffs "certify that they have obtained the written consent of Defendants for the Amendment." (Id. at 2.) Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, after the time has passed to amend a pleading as a matter of course, "a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Rule 15(a) is a "liberal rule [that] gives effect to the federal policy in favor of resolving cases on their merits instead of disposing of them on technicalities." Laber v. Harvey, 438 F.3d 404, 426 (4th Cir. 2006) (en banc). Here, because Plaintiffs have obtained Defendants' written consent and because justice so requires, the court GRANTS Plaintiffs' Motion to Amend (ECF No. 67 ). Plaintiffs shall file their Amended Complaint within three (3) days of the date of this Order. Signed by Honorable J Michelle Childs on 7/21/2020.(asni, ) (Entered: 07/21/2020)

July 21, 2020 PACER
69

AMENDED COMPLAINT against All Defendants, filed by Ernestine Moore, Deon Tedder, Carlyle Dixon, Tonya Winbush, DCCC, DNC Services Corporation/Democratic National Committee, Kylon Middleton, South Carolina Democratic Party, Amos Wells. Service due by 10/19/2020 (Bryant, Christopher) (Entered: 07/21/2020)

July 21, 2020 RECAP
70

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
71

ORDER AND OPINION denying 56 Motion for Judgment on the Pleadings. Signed by Honorable J Michelle Childs on 7/24/2020.(asni, ) (Entered: 07/24/2020)

July 24, 2020 RECAP
72

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

July 28, 2020 PACER
73

MOTION to Withdraw as Attorney K'Shaani Smith 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 8/17/2020. 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.(Bryant, Christopher) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
74

TEXT ORDER granting 73 Motion to Withdraw as Attorney. Signed by Honorable J Michelle Childs on 8/3/2020.(asni, ) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
76

MOTION for Leave to File Excess Pages 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 8/17/2020. 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.(Bryant, Christopher) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
77

MOTION for Preliminary Injunction 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 8/17/2020. 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 Declaration of Dr. Joseph John, # 2 Declaration of Dr. Marc Meredith, # 3 Declaration of Deon Tedder, # 4 Declaration of Kylon Middleton, # 5 Declaration of Tonya Winbush, # 6 Declaration of Bobby Dukes, # 7 Declaration of Rebecca Kirby, # 8 Declaration of Dr. Allan Lichtman)No proposed order.(Bryant, Christopher) (Entered: 08/03/2020)

1 Declaration of Dr. Joseph John

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2 Declaration of Dr. Marc Meredith

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3 Declaration of Deon Tedder

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4 Declaration of Kylon Middleton

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5 Declaration of Tonya Winbush

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6 Declaration of Bobby Dukes

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7 Declaration of Rebecca Kirby

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8 Declaration of Dr. Allan Lichtman

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Aug. 3, 2020 RECAP
78

AFFIDAVIT in Support re 77 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit July 17 2020 Andino Letter, # 2 Exhibit CDC Publication - People With Certain Medical Conditions, # 3 Exhibit UCSF Article re COVID-19 and Young Adults, # 4 Exhibit Johns Hopkins Article Regarding COVID-19 and Younger Adults, # 5 Exhibit CDC Publication - Health Equity Considerations and Racial and Ethnic Minority Groups, # 6 Exhibit WBTV Article - McMaster Hopeful Safe to Resume Activities in Late June, # 7 Exhibit uly 30 2020 DHEC News Release, # 8 Exhibit July 12 2020 DHEC News Release, # 9 Exhibit The State August 1 2020 Coronavirus Update, # 10 Exhibit HHS News Release, # 11 Exhibit Article Regarding Dr. Fauci's Vaccine Estimate, # 12 Exhibit Arizona Department of Health COVID-19 Risk Index, # 13 Exhibit CDC Publication - Deciding to Go Out, # 14 Exhibit CDC Publication - Considerations for Election Polling Locations and Voters, # 15 Exhibit Article Regarding COVID-19 Skyrocketing in SC, # 16 Exhibit Article Regarding Georgia June 9 Primary Election, # 17 Exhibit Sarah Ellis Tweet regarding SC June Primary, # 18 Exhibit Maayan Schechter Tweet regarding SC June Primary, # 19 Exhibit USPS Inspector General Report, # 20 Exhibit Washington Post Article regarding USPS, # 21 Exhibit Philadelphia Inquirer Article regarding USPS, # 22 Exhibit Absentee Ballot Return Envelopes of Elizabeth milledge, Rebecca Kirby, and James S. Cotter, # 23 Exhibit Article about SC election officials and the November election, # 24 Exhibit Article regarding SC election officials encouraging voting by mail)(Bryant, Christopher) (Entered: 08/04/2020)

1 Exhibit July 17 2020 Andino Letter

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2 Exhibit CDC Publication - People With Certain Medical Conditions

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3 Exhibit UCSF Article re COVID-19 and Young Adults

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4 Exhibit Johns Hopkins Article Regarding COVID-19 and Younger Adults

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5 Exhibit CDC Publication - Health Equity Considerations and Racial and Ethnic Min

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6 Exhibit WBTV Article - McMaster Hopeful Safe to Resume Activities in Late June

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7 Exhibit uly 30 2020 DHEC News Release

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8 Exhibit July 12 2020 DHEC News Release

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9 Exhibit The State August 1 2020 Coronavirus Update

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10 Exhibit HHS News Release

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11 Exhibit Article Regarding Dr. Fauci's Vaccine Estimate

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12 Exhibit Arizona Department of Health COVID-19 Risk Index

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13 Exhibit CDC Publication - Deciding to Go Out

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14 Exhibit CDC Publication - Considerations for Election Polling Locations and Vote

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15 Exhibit Article Regarding COVID-19 Skyrocketing in SC

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16 Exhibit Article Regarding Georgia June 9 Primary Election

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17 Exhibit Sarah Ellis Tweet regarding SC June Primary

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18 Exhibit Maayan Schechter Tweet regarding SC June Primary

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19 Exhibit USPS Inspector General Report

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20 Exhibit Washington Post Article regarding USPS

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21 Exhibit Philadelphia Inquirer Article regarding USPS

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22 Exhibit Absentee Ballot Return Envelopes of Elizabeth milledge, Rebecca Kirby, a

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23 Exhibit Article about SC election officials and the November election

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24 Exhibit Article regarding SC election officials encouraging voting by mail

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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
80

ANSWER to 69 Amended Complaint, by Marci Andino, Clifford J Elder, Scott Moseley, John Wells.(Trinkley, Jane) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
81

TEXT ORDER This matter is before the court pursuant to the South Carolina Republican Party's ("SCRP") Motion to Re-Intervene pursuant to Rule 24(b) of the Federal Rules of Civil Procedure. (ECF No. 70.) On May 12, 2020, this court previously granted SCRP's Motion to Intervene. (ECF No. 27.) While SCRP seeks to re-intervene due to Plaintiffs' Amended Complaint and requests the court to include them in the caption as permissive intervenors, the court finds this to be unnecessary because SCRP is recognized on the official court docket as intervenors. Because the court has already allowed SCRP to intervene and that intervention is still in effect despite the filing of the Amended Complaint, the court DENIES SCRP's Motion to Re-Intervene (ECF No. 70 ) as MOOT. Signed by Honorable J Michelle Childs on 8/4/2020.(asni, ) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
83

NOTICE of Appearance by Susan Pedrick McWilliams on behalf of James ("Jay") H. Lucas (McWilliams, Susan) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
84

NOTICE of Appearance by Sara Sofia Svedberg on behalf of James ("Jay") H. Lucas (Svedberg, Sara) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
85

NOTICE of Appearance by Mark Carroll Moore on behalf of James ("Jay") H. Lucas (Moore, Mark) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
86

MOTION to Intervene by James ("Jay") H. Lucas. Response to Motion due by 8/26/2020. 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 Exhibit A - Speaker Lucas' Proposed Answer)No proposed order.(McWilliams, Susan) (Entered: 08/12/2020)

1 Exhibit A - Speaker Lucas' Proposed Answer

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Aug. 12, 2020 PACER
87

MOTION to Intervene by Harvey Peeler. Response to Motion due by 8/26/2020. 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 Exhibit A - Petition, part 1, # 2 Exhibit A - Petition, part 2, # 3 Exhibit A - Petition, part 3, # 4 Exhibit A - Petition, part 4, # 5 Exhibit A - Petition, part 5)No proposed order.(Hall, Kevin) (Entered: 08/12/2020)

1 Exhibit A - Petition, part 1

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2 Exhibit A - Petition, part 2

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3 Exhibit A - Petition, part 3

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4 Exhibit A - Petition, part 4

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5 Exhibit A - Petition, part 5

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Aug. 12, 2020 RECAP
88

MOTION for Leave to File Excess Pages by Marci Andino, Clifford J Elder, Scott Moseley, John Wells. Response to Motion due by 8/31/2020. 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.(Lambert, William) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
89

TEXT ORDER granting 88 Motion for Leave to File Excess Pages. Signed by Honorable J Michelle Childs on 8/17/2020.(asni, ) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
90

RESPONSE in Opposition re 87 MOTION to Intervene, 86 MOTION to Intervene Response filed by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore, South Carolina Democratic Party, Deon Tedder, Amos Wells, Tonya Winbush.Reply to Response to Motion due by 8/24/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bryant, Christopher) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
91

MOTION for Leave to File Excess Pages by South Carolina Republican Party. Response to Motion due by 8/31/2020. 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: 08/17/2020)

Aug. 17, 2020 PACER
92

TEXT ORDER granting 91 Motion for Leave to File Excess Pages. Signed by Honorable J Michelle Childs on 8/17/2020.(asni, ) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
93

RESPONSE in Opposition re 77 MOTION for Preliminary Injunction Election Defendants' Memorandum in Opposition to Motion for Preliminary Injunction Response filed by Marci Andino, Clifford J Elder, Scott Moseley, John Wells.Reply to Response to Motion due by 8/24/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit SEC Bailey Brief, # 2 Exhibit AG Bailey Brief, # 3 Exhibit Middleton - Andino Decl., # 4 Exhibit Salgado Expert Report, # 5 Exhibit Tedder Facebook Photos, # 6 Exhibit Middleton Facebook Photos, # 7 Exhibit 2007-GS-47-01 Indictment and Sentencing Sheets, # 8 Exhibit Declaration dated 8-14-2020)(Lambert, William) (Entered: 08/17/2020)

1 Exhibit SEC Bailey Brief

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2 Exhibit AG Bailey Brief

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3 Exhibit Middleton - Andino Decl.

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4 Exhibit Salgado Expert Report

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5 Exhibit Tedder Facebook Photos

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6 Exhibit Middleton Facebook Photos

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7 Exhibit 2007-GS-47-01 Indictment and Sentencing Sheets

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8 Exhibit Declaration dated 8-14-2020

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Aug. 17, 2020 PACER
94

RESPONSE in Opposition re 77 MOTION for Preliminary Injunction Response filed by South Carolina Republican Party.Reply to Response to Motion due by 8/24/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit, # 2 Exhibit)(Tyson, Robert) supplement 108 added on 9/21/2020 (asni, ). (Entered: 08/17/2020)

1 Exhibit

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2 Exhibit

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Aug. 17, 2020 PACER
95

NOTICE of Hearing on Motion 77 MOTION for Preliminary Injunction : Motion Hearing set for 9/11/2020 09:30 AM in Columbia #1, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. This hearing will be conducted via video-conference for out-of-state counsel. The court will provide further instructions.(asni, ) (Entered: 08/21/2020)

Aug. 21, 2020 PACER
96

ORDER AND OPINION granting 86 Motion to Intervene; granting 87 Motion to Intervene. The court further ORDERS the Proposed Intervenors file any potential responsive briefing to Plaintiffs' pending Motion for Preliminary Injunction (ECF No. 77) by no later than August 31, 2020. Signed by Honorable J Michelle Childs on 8/21/2020.(asni, ) (Entered: 08/21/2020)

Aug. 21, 2020 RECAP
97

MOTION for Leave to File Excess Pages For Reply in Support of Their Motion for Preliminary Injunction 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 9/8/2020. 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.(Bryant, Christopher) (Entered: 08/24/2020)

Aug. 24, 2020 PACER
98

REPLY to Response to Motion re 77 MOTION for Preliminary Injunction SCEC and SCGOP Response filed by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore, South Carolina Democratic Party, Deon Tedder, Amos Wells, Tonya Winbush. (Attachments: # 1 Exhibit SCEC's Responses to Plaintiffs' First Set of Requests to Admit, # 2 Exhibit Absentee Authorization to Return Ballot, # 3 Exhibit USPS Postmaster General Briefing - Service Performance Management)(Bryant, Christopher) (Entered: 08/24/2020)

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

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2 Exhibit Absentee Authorization to Return Ballot

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3 Exhibit USPS Postmaster General Briefing - Service Performance Management

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Aug. 24, 2020 PACER
99

TEXT ORDER granting 97 Motion for Leave to File Excess Pages. Signed by Honorable J Michelle Childs on 8/25/2020.(asni, ) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
100

RESPONSE in Opposition re 77 MOTION for Preliminary Injunction Response filed by Harvey Peeler.Reply to Response to Motion due by 9/8/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Carroll, Matthew) (Entered: 08/31/2020)

Aug. 31, 2020 PACER
101

RESPONSE in Opposition re 77 MOTION for Preliminary Injunction Response filed by James ("Jay") H. Lucas.Reply to Response to Motion due by 9/8/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A: Excerpts of Deposition Transcript of John Wells)(McWilliams, Susan) (Entered: 08/31/2020)

1 Exhibit A: Excerpts of Deposition Transcript of John Wells

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Aug. 31, 2020 PACER
102

ORDER setting schedule for arguments regarding 77 MOTION for Preliminary Injunction filed by Plaintiffs. Signed by the Honorable J. Michelle Childs on 9/8/2020. (jowa) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
103

MOTION for Leave to File Excess Pages 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 9/22/2020. 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. No proposed order.(Bryant, Christopher) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
104

REPLY to Response to Motion re 77 MOTION for Preliminary Injunction Speaker Lucas and President Peeler Response filed by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore, South Carolina Democratic Party, Deon Tedder, Amos Wells, Tonya Winbush. (Bryant, Christopher) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
105

TEXT ORDER granting 103 Motion for Leave to File Excess Pages. Signed by Honorable J Michelle Childs on 9/9/2020.(asni, ) (Entered: 09/09/2020)

Sept. 9, 2020 PACER
107

Minute Entry. Proceedings held before Honorable J Michelle Childs: Motion Hearing held on 9/11/2020 re 77 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. taking under advisement 77 Motion for Preliminary Injunction. Court Reporter Carly Horenkamp. (mflo, ) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
108

SUPPLEMENT by South Carolina Republican Party . (Attachments: # 1 Exhibit DCCC v. Ziriax, No. 20-cv-211-JED-2 JFJ, 2020 WL 5569576, at 1 (N.D. Okl. Sept. 17, 2020), # 2 Exhibit H.5305, 123d Leg., 2d Sess. (S.C. 2020), ratified, R.149 (Sept. 16, 2020))(Tyson, Robert) (Entered: 09/18/2020)

1 Exhibit DCCC v. Ziriax, No. 20-cv-211-JED-2 JFJ, 2020 WL 5569576, at 1 (N.D. Okl

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2 Exhibit H.5305, 123d Leg., 2d Sess. (S.C. 2020), ratified, R.149 (Sept. 16, 2020

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Sept. 18, 2020 PACER
109

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER AND OPINION granting in part and denying in part Plaintiffs' Motion for Preliminary Injunction (ECF No. 77). The court enjoins the Witness Requirement set forth in S.C. Code Ann. ยง 7-15-380 and any other South Carolina statute and orders Defendants to inform South Carolina voters about its elimination. Signed by Honorable J Michelle Childs on 9/18/20.(vdou, ) (Entered: 09/18/2020)

Sept. 18, 2020 RECAP
110

MOTION to Consolidate Cases by Family Unit Inc, The, Nea Richard, Jeremy Rutledge, Mary T Thomas. Response to Motion due by 10/5/2020. 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.Associated Cases: 3:20-cv-01552-JMC, 3:20-cv-01730-JMC(Dunn, Susan) (Entered: 09/21/2020)

Sept. 21, 2020 PACER
111

NOTICE OF APPEAL as to 109 Order on Motion for Preliminary Injunction, by Marci Andino, Clifford J Elder, James ("Jay") H. Lucas, Scott Moseley, Harvey Peeler, South Carolina Republican Party, John Wells, Alan Wilson. - Filing fee $ 505, receipt number 0420-9355367. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Lambert, William) (Entered: 09/21/2020)

Sept. 21, 2020 RECAP
112

Transmittal Sheet for Notice of Appeal to USCA re 111 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (kbos) (Entered: 09/22/2020)

Sept. 22, 2020 PACER

State / Territory: South Carolina

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Voters and political candidates in South Carolina, as well as local and national Democratic organizations

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

South Carolina State Election Commission, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 208 (assistance for disabled persons), 52 U.S.C. § 10508 (previously 42 U.S.C. § 1973aa-6)

42 U.S.C. § 1983

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

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

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