Case: SawariMedia LLC v. Whitmer

4:20-cv-11246 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 4, 2020

Closed Date: Dec. 9, 2020

Clearinghouse coding complete

Case Summary

On May 4, 2020, three voters and an advocacy organization brought this suit to place an initiative on Michigan’s 2020 general election ballot. The plaintiffs sought declaratory and injunctive relief requiring the defendants to enjoin the ballot-access signature requirement and filing deadline. The plaintiffs also filed a temporary restraining order (TRO) barring the defendants from enforcing the deadline. On June 11, the preliminary injunction was granted, and the defendants appealed to the Six…

On May 4, 2020, three voters and an advocacy organization brought this suit to place an initiative on Michigan’s 2020 general election ballot. The plaintiffs sought declaratory and injunctive relief requiring the defendants to enjoin the ballot-access signature requirement and filing deadline. The plaintiffs also filed a temporary restraining order (TRO) barring the defendants from enforcing the deadline. On June 11, the preliminary injunction was granted, and the defendants appealed to the Sixth Circuit. The Sixth Circuit denied to stay the preliminary injunction pending appeal. On July 23, 2020, the plaintiffs voluntarily dismissed the case.


On May 4, 2020, three voters and an advocacy organization seeking to place an initiative on Michigan’s 2020 general election ballot filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against the Governor of Michigan, the Secretary of State of Michigan, and the Michigan Bureau of Elections. The plaintiffs challenged the constitutionality of the state’s signature and filing requirements for the general election ballot. Specifically, the plaintiffs alleged that the combination of Michigan’s ballot access procedure and Governor Witmer’s executive order precluded organizations from submitting ballot initiative petitions in violation of the First and Fourteenth Amendments.

The plaintiffs brought this lawsuit as a declaratory action under 28 U.S.C. § 2201 and as an injunctive action under 42 U.S.C. § 1983, seeking an order requiring the defendants to enjoin the ballot-access signature requirement and filing deadline. The plaintiffs also filed a temporary restraining order (TRO) to bar the defendants from enforcing the deadline. Additionally, the plaintiffs sought attorney fees. The case was assigned to District Judge Matthew F. Leitman. The plaintiffs were self-represented.

The plaintiffs had submitted a ballot initiative petition to the Michigan Secretary of State on January 16, 2019 which was rejected on the basis that the plaintiffs did not meet the state's signature and filing requirements. Michigan election law required proponents of the ballot initiative to submit 340,047 valid signatures by May 27 to meet the signature and filing deadline. On March 23, 2020 Governor Whitmer announced an executive order prohibiting all public gatherings, which remained in effect for over two months. Prior to the executive order, the plaintiffs had collected approximately 210,000 signatures with two months remaining. The defendants excluded the plaintiffs’ ballot initiative from the 2020 general ballot.

On June 11, 2020, the court granted the preliminary injunction. 2020 WL 3097266. The injunction required the defendants to reduce the burden on ballot access and to narrow its restrictions to make the ballot initiative application constitutional. The defendants submitted a notice of the proposed remedy on June 18, with the option of either extending the deadline or allowing the plaintiffs an opportunity to qualify for the 2022 ballot with the signatures already collected. The court rejected the proposed remedy on June 23 for not properly remedying the constitutional violation.

On June 23, 2020 the defendants appealed to the Sixth Circuit. 20−01594. The same day, the defendant’s motion to stay the preliminary injunction pending appeal was denied by the district court. WL 3447694. The following day, the defendants filed an emergency motion to stay the district court order pending appeal to the Sixth Circuit. On July 2, the Sixth Circuit denied the motion to stay and directed the district court to address any further remedies proposed by the defendants by July 15. 2020 WL 3603684. Furthermore, the court precluded the defendants from enforcing the petition deadline against the plaintiffs if they fail to propose a constitutional remedy by the July 15 deadline.

On July 23, 2020, one of the individual plaintiffs amended her previous statements. She conceded that the actual amount of signatures collected by the plaintiffs was substantially less than the 210,000 figure stated in the complaint and withdrew her statement that the ballot initiative had hundreds of thousands of supporters. On the same day, all of the plaintiffs voluntarily dismissed the case. On September 22, 2020, the court ordered the plaintiffs to show cause as to why the preliminary injunction should not be vacated. None of the plaintiffs responded, so the district court vacated its preliminary injunction on October 19, 2020. On December 9, 2020, the Sixth Circuit dismissed the defendants' appeal.

The case is now closed.

Summary Authors

Averyn Lee (7/4/2020)

Nicholas Gillan (4/9/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17179670/parties/sawarimedia-llc-v-whitmer/


Judge(s)

Clay, Eric L. (Michigan)

Hluchaniuk, Michael J. (Michigan)

Larsen, Joan Louise (Michigan)

Leitman, Matthew Frederick (Michigan)

Norris, Alan Eugene (Ohio)

Attorneys(s) for Plaintiff

Sahu, Saura James (Michigan)

Attorneys(s) for Defendant

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

Nessel, Dana M. (Michigan)

Judge(s)

Clay, Eric L. (Michigan)

Hluchaniuk, Michael J. (Michigan)

Larsen, Joan Louise (Michigan)

Leitman, Matthew Frederick (Michigan)

Norris, Alan Eugene (Ohio)

Attorneys(s) for Plaintiff

Sahu, Saura James (Michigan)

Attorneys(s) for Defendant

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

Nessel, Dana M. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 9, 2020 Docket
2

Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction

May 4, 2020 Pleading / Motion / Brief
1

Complaint for Declaratory and Injunctive Relief

May 4, 2020 Complaint
7, 7-1, 7-2, 7-3

Defendants' Response to Plaintiffs' Motion for TRO/Preliminary Injunction

May 27, 2020 Pleading / Motion / Brief
12

Plaintiff SawariMedia LLC's Reply Brief in Support of Its Motion for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction

June 1, 2020 Pleading / Motion / Brief
17

Opinion and Order Granting Plaintiffs' Motion for a Preliminary Injunction (ECF No. 2)

466 F.Supp.3d 758, 2020 WL 3097266

June 11, 2020 Order/Opinion
30

Defendants' Emergency Motion for a Stay Pending Emergency Appeal

June 23, 2020 Pleading / Motion / Brief
32

Order Denying Defendants' Emergency Motion for a Stay Pending Emergency Appeal (ECF No. 30)

2020 WL 3447694

June 24, 2020 Order/Opinion
31

Plaintiff SawariMedia LLC's Response to Defendants' Emergency Motion for Stay Pending Emergency Appeal

June 24, 2020 Pleading / Motion / Brief
11-1, 11-2

Order

U. S. Court of Appeals for the Sixth Circuit

963 F.3d 595, 2020 WL 3603684

July 2, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17179670/sawarimedia-llc-v-whitmer/

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

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants Receipt No: Not Issued Yet - Fee: $ 400. (Attachments: # 1 Copy of Money Order) [Post Mark Date is the File Date] (Entered: 05/20/2020)

1 Copy of Money Order

View on PACER

May 4, 2020 PACER
2

MOTION for Temporary Restraining Order and/or Preliminary Injunction by All Plaintiffs. [Post Mark Date is the File Date] (ATee) (Entered: 05/20/2020)

May 4, 2020 RECAP

FILING FEE Received in the amount of 400.00 by All Plaintiffs - Receipt No. DET131351 [No Image Associated with this docket entry] (RBog)

May 4, 2020 PACER
3

SUMMONS Issued for *Jocelyn Benson, Jonathan Brater, Gretchen Whitmer* (ATee) (Entered: 05/20/2020)

May 20, 2020 PACER
5

Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KCas) (Entered: 05/21/2020)

May 21, 2020 PACER
6

NOTICE TO APPEAR BY TELEPHONE: TELEPHONIC Status Conference set for 5/21/2020 at 4:00 PM before District Judge Matthew F. Leitman. **PLEASE USE THE CALL-IN INFORMATION PROVIDED VIA EMAIL AND IN THIS NOTICE TO JOIN THE CALL** (HMon) (Entered: 05/21/2020)

May 21, 2020 PACER

Minute Entry for proceedings before District Judge Matthew F. Leitman: Telephonic Status Conference held on 5/21/2020. Defendants to file response to Plaintiffs' motion for a temporary restraining order and/or preliminary injunction (ECF No. 2) by no later than 5:00 p.m. on May 27, 2020. Plaintiffs may file a reply brief by no later than 5:00 p.m. on June 1, 2020. (Court Reporter: Peg Goodrich) (HMon)

May 21, 2020 PACER
7

RESPONSE to 2 MOTION for Temporary Restraining Order filed by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Declaration of Jonathan Brater, # 3 Exhibit B. Thompson v DeWine) (Grill, Erik) (Entered: 05/27/2020)

1 Index of Exhibits Exhibit List

View on PACER

2 Exhibit A. Declaration of Jonathan Brater

View on RECAP

3 Exhibit B. Thompson v DeWine

View on PACER

May 27, 2020 PACER
8

Ex Parte MOTION for Leave to File Excess Pages in Response to Motion for TRO/Prelminary Injunction by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Grill, Erik) (Entered: 05/27/2020)

May 27, 2020 PACER

TEXT-ONLY ORDER Granting 8 Ex Parte MOTION for Leave to File Excess Pages in Response to Motion for TRO/Prelminary Injunction filed by Jonathan Brater, Jocelyn Benson, Gretchen Whitmer. Signed by District Judge Matthew F. Leitman. (HMon)

May 27, 2020 PACER
9

NOTICE of Appearance by Heather S. Meingast on behalf of Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Meingast, Heather) (Entered: 05/27/2020)

May 27, 2020 PACER

Text-Only Order

May 27, 2020 PACER
10

NOTICE OF ZOOM HEARING on 2 MOTION for Temporary Restraining Order. Zoom Motion Hearing set for 6/5/2020 at 10:00 AM before District Judge Matthew F. Leitman. **THE HEARING WILL TAKE PLACE VIA ZOOM. PLEASE USE THE LINK PROVIDED BY THE COURT TO JOIN THE HEARING** (HMon) (Entered: 05/28/2020)

May 28, 2020 PACER
11

NOTICE of Appearance by Saura J. Sahu on behalf of SawariMedia LLC. (Sahu, Saura) (Entered: 06/01/2020)

June 1, 2020 PACER
12

REPLY to Response re 2 MOTION for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction filed by SawariMedia LLC. (Sahu, Saura) (Entered: 06/01/2020)

June 1, 2020 PACER
13

Ex Parte MOTION Extension of Page Limit re 12 Reply to Response to Motion for TRO/PI by SawariMedia LLC. (Sahu, Saura) (Entered: 06/01/2020)

June 1, 2020 PACER

TEXT-ONLY ORDER Granting 13 Ex Parte MOTION Extension of Page Limit re 12 Reply to Response to Motion for TRO/PI filed by SawariMedia LLC. Signed by District Judge Matthew F. Leitman. (HMon)

June 2, 2020 PACER

Text-Only Order

June 2, 2020 PACER
14

NOTICE by SawariMedia LLC re 12 Reply to Response to Motion of Intent to Rely on Authority: Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418, 429, 126 S. Ct. 1211, 1219(2006) (Sahu, Saura) (Entered: 06/04/2020)

June 4, 2020 PACER
15

MOTION for Leave to File Sur-Reply to Plaintiffs' Reply in Support of their Motion for TRO/Preliminary Injunction by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Meingast, Heather) (Entered: 06/04/2020)

June 4, 2020 PACER

TEXT-ONLY ORDER Granting 15 MOTION for Leave to File Sur-Reply to Plaintiffs' Reply in Support of their Motion for TRO/Preliminary Injunction filed by Jonathan Brater, Jocelyn Benson, Gretchen Whitmer. Signed by District Judge Matthew F. Leitman. (HMon)

June 4, 2020 PACER
16

SUR-REPLY re 2 MOTION for Temporary Restraining Order filed by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Meingast, Heather) (Entered: 06/04/2020)

June 4, 2020 PACER

Text-Only Order

June 4, 2020 PACER

Minute Entry for proceedings before District Judge Matthew F. Leitman: Zoom Motion Hearing held on 6/5/2020 re 2 MOTION for Temporary Restraining Order filed by Paul Ely, Judy Kellogg, Deborah Parker, SawariMedia LLC. Disposition: Motion Taken Under Advisement. (Court Reporter: Peg Goodrich) (HMon)

June 5, 2020 PACER
17

OPINION AND ORDER Granting Plaintiffs' 2 Motion for a Preliminary Injunction. Signed by District Judge Matthew F. Leitman. (HMon) (Entered: 06/11/2020)

June 11, 2020 RECAP
18

NOTICE by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer State Defendants' Notice of Proposed Remedy (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Fair & Equal Opinion and Order) (Meingast, Heather) (Entered: 06/15/2020)

1 Index of Exhibits Exhibit List

View on PACER

2 Exhibit A. Fair & Equal Opinion and Order

View on PACER

June 15, 2020 PACER
19

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 6/16/2020 at 12:00 PM before District Judge Matthew F. Leitman. **PLEASE USE THE LINK PROVIDED BY THE COURT TO JOIN THE CONFERENCE** (HMon) (Entered: 06/16/2020)

June 16, 2020 PACER
20

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference RESET for 6/16/2020 at 2:00 PM before District Judge Matthew F. Leitman. **PLEASE USE THE LINK PROVIDED BY THE COURT TO JOIN THE CONFERENCE** (HMon) (Entered: 06/16/2020)

June 16, 2020 PACER

Minute Entry for proceedings before District Judge Matthew F. Leitman: Zoom Video Status Conference held on 6/16/2020. (Court Reporter: Peg Goodrich) (HMon)

June 16, 2020 PACER
21

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 6/22/2020 at 4:00 PM before District Judge Matthew F. Leitman. **PLEASE USE THE LINK PROVIDED BY THE COURT TO JOIN THE CONFERENCE** (HMon) (Entered: 06/16/2020)

June 16, 2020 PACER
22

ORDER on Status Conference. Signed by District Judge Matthew F. Leitman. (HMon) (Entered: 06/16/2020)

June 16, 2020 RECAP
23

NOTICE by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer Second Notice of Proposed Remedy (Grill, Erik) (Entered: 06/18/2020)

June 18, 2020 PACER
24

SUPPLEMENTAL BRIEF re 23 Notice (Other) Plaintiff SawariMedia LLC's Objections to State Defs.' Second Notice of Proposed Remedy filed by SawariMedia LLC. (Sahu, Saura) (Entered: 06/19/2020)

June 19, 2020 PACER

Minute Entry for proceedings before District Judge Matthew F. Leitman: Video Status Conference held on 6/22/2020. (Court Reporter: Peg Goodrich) (HMon)

June 22, 2020 PACER
25

ORDER Rejecting 23 Second Notice of Proposed Remedy. Signed by District Judge Matthew F. Leitman. (HMon) (Entered: 06/23/2020)

June 23, 2020 RECAP
26

NOTICE OF APPEAL by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. Receipt No: AMIEDC-7881707 - Fee: $ 505 - Fee Status: Fee Paid. (Meingast, Heather) (Entered: 06/23/2020)

June 23, 2020 PACER
27

Certificate of Service re 26 Notice of Appeal. (SKra) (Entered: 06/23/2020)

June 23, 2020 PACER
28

TRANSCRIPT of VIDEO STATUS CONFERENCE held on June 22, 2020. (Court Reporter: Peg L. Goodrich) (Number of Pages: 17) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/14/2020. Redacted Transcript Deadline set for 7/24/2020. Release of Transcript Restriction set for 9/21/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Goodrich, P) (Entered: 06/23/2020)

June 23, 2020 PACER
29

CERTIFICATE OF SERVICE re 26 Notice of Appeal by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer (Meingast, Heather) (Entered: 06/23/2020)

June 23, 2020 PACER
30

Emergency MOTION to Stay by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Grill, Erik) (Entered: 06/23/2020)

June 23, 2020 PACER
31

RESPONSE to 30 Emergency MOTION to Stay filed by SawariMedia LLC. (Sahu, Saura) (Entered: 06/24/2020)

June 24, 2020 PACER
32

ORDER Denying Defendants' 30 Emergency Motion for a Stay Pending Emergency Appeal. Signed by District Judge Matthew F. Leitman. (HMon) (Entered: 06/24/2020)

June 24, 2020 RECAP
33

ORDER from U.S. Court of Appeals - Sixth Circuit re 26 Notice of Appeal filed by Jonathan Brater, Jocelyn Benson, Gretchen Whitmer [Appeal Case Number 20-1594] (DWor) (Entered: 07/02/2020)

July 2, 2020 PACER
34

ORDER Setting Schedule for New Proposed Remedy. Signed by District Judge Matthew F. Leitman. (HMon) (Entered: 07/02/2020)

July 2, 2020 RECAP
35

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/13/2020 at 9:00 AM before District Judge Matthew F. Leitman. (HMon) (Entered: 07/02/2020)

July 2, 2020 PACER
36

STATEMENT of State Defendants' Statement Regarding Additional Proposed Remedy by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer (Grill, Erik) (Entered: 07/07/2020)

July 7, 2020 PACER
37

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/8/2020 at 12:00 PM before District Judge Matthew F. Leitman. (HMon) (Entered: 07/07/2020)

July 7, 2020 PACER

Minute Entry for proceedings before District Judge Matthew F. Leitman: Video Status Conference held on 7/8/2020. Plaintiffs to submit update on signature collection as described on the record by 9:00 a.m. on Monday, July 13, 2020. (Court Reporter: Peg Goodrich) (HMon)

July 8, 2020 PACER
38

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/13/2020 at 9:00 AM before District Judge Matthew F. Leitman. (HMon) (Entered: 07/08/2020)

July 8, 2020 PACER
39

NOTICE by SawariMedia LLC of Supplemental Filing (Sahu, Saura) (Entered: 07/13/2020)

July 13, 2020 PACER

Minute Entry for proceedings before District Judge Matthew F. Leitman: Video Status Conference held on 7/13/2020. (Court Reporter: Peg Goodrich) (MacKay, K)

July 13, 2020 PACER
40

ORDER from U.S. Court of Appeals - Sixth Circuit re 26 Notice of Appeal filed by Jonathan Brater, Jocelyn Benson, Gretchen Whitmer [Appeal Case Number 20-1594] (TTho) (Entered: 07/14/2020)

July 13, 2020 RECAP
41

ORDER Concerning Defendants' Lack of a Submission of a Proposed Remedy. Signed by District Judge Matthew F. Leitman. (HMon) (Entered: 07/17/2020)

July 17, 2020 RECAP
42

NOTICE by SawariMedia LLC of Second Declaration of Amani Sawari (Sahu, Saura) (Entered: 07/23/2020)

July 23, 2020 RECAP
43

NOTICE of Voluntary Dismissal by All Plaintiffs (Sahu, Saura) (Entered: 07/23/2020)

July 23, 2020 RECAP
44

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 8/5/2020 at 10:00 AM before District Judge Matthew F. Leitman. (HMon) (Entered: 07/23/2020)

July 23, 2020 PACER

Minute Entry for proceedings before District Judge Matthew F. Leitman: Video Status Conference held on 8/5/2020. (Court Reporter: Peg Goodrich) (HMon)

Aug. 5, 2020 PACER
45

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 8/19/2020 at 1:30 PM before District Judge Matthew F. Leitman. (HMon) (Entered: 08/05/2020)

Aug. 5, 2020 PACER

Minute Entry for proceedings before District Judge Matthew F. Leitman: Video Status Conference held on 8/19/2020. (Court Reporter: Peg Goodrich) (HMon)

Aug. 19, 2020 PACER
46

NOTICE TO APPEAR BY TELEPHONE: TELEPHONIC Status Conference set for 9/22/2020 at 9:30 AM before District Judge Matthew F. Leitman. **PLEASE USE THE CALL-IN INFORMATION PROVIDED IN THIS NOTICE TO JOIN THE CALL** (HMon) (Entered: 09/18/2020)

Sept. 18, 2020 PACER

Minute Entry for proceedings before District Judge Matthew F. Leitman: Telephonic Status Conference held on 9/22/2020. (Court Reporter: Peg Goodrich) (HMon)

Sept. 22, 2020 PACER
47

ORDER to Show Cause Why Preliminary Injunction Should Not Be Vacated. Show Cause Response due by 10/2/2020. Signed by District Judge Matthew F. Leitman. (HMon) (Entered: 09/22/2020)

Sept. 22, 2020 PACER
48

CERTIFICATE OF SERVICE re 47 Order to Show Cause by SawariMedia LLC (Sahu, Saura) (Entered: 09/22/2020)

Sept. 22, 2020 PACER
49

TRANSCRIPT of MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION held on June 5, 2020. (Court Reporter: Peg L. Goodrich) (Number of Pages: 62) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 11/6/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/14/2021. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Goodrich, P) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
50

ORDER Vacating 47 Order to Show Cause, 17 Order on Motion for TRO. Signed by District Judge Matthew F. Leitman. (DTof) (Entered: 10/19/2020)

Oct. 19, 2020 RECAP

TEXT-ONLY CERTIFICATE OF SERVICE re 50 Order to Vacate on Paul Ely, Judy Kellogg, Deborah Parker at addresses listed on docket sheet. (DTof)

Oct. 19, 2020 PACER
51

ORDER from U.S. Court of Appeals - Sixth Circuit re 26 Notice of Appeal filed by Jonathan Brater, Jocelyn Benson, Gretchen Whitmer [Appeal Case Number 20-1594] (TTho) (Entered: 12/09/2020)

Dec. 9, 2020 RECAP

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 4, 2020

Closing Date: Dec. 9, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three voters and an advocacy organization seeking to place an initiative on Michigan’s 2020 general election ballot

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Michigan, State

Secretary of State of Michigan , State

Director of the Michigan Bureau of Elections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

Voting access

COVID-19:

Mitigation Granted

Mitigation Requested

Voting:

Election administration