Case: Clark v. Edwards

3:20-cv-00308 | U.S. District Court for the Middle District of Louisiana

Filed Date: May 19, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This suit was brought on May 19, 2020, by two non-profit organizations and three voter plaintiffs against the state of Louisiana to challenge Louisiana’s Excuse Requirement, Witness Requirement, and Cure Prohibition. The plaintiffs sought declaratory and injunctive relief to enjoin the defendants from enforcing the Excuse and Witness Requirement, as well as provide absentee voters with notice and opportunity to cure defects in their absentee ballots for all elections in 2020 h…

COVID-19 Summary: This suit was brought on May 19, 2020, by two non-profit organizations and three voter plaintiffs against the state of Louisiana to challenge Louisiana’s Excuse Requirement, Witness Requirement, and Cure Prohibition. The plaintiffs sought declaratory and injunctive relief to enjoin the defendants from enforcing the Excuse and Witness Requirement, as well as provide absentee voters with notice and opportunity to cure defects in their absentee ballots for all elections in 2020 held in Louisiana. On June 22, the court dismissed the case.


On May 19, 2020, two non-profit organizations and three individual voters brought suit against the state of Louisiana to challenge its election laws. Represented by the Southern Poverty Law Center and private attorneys, the plaintiffs sought declaratory relief under 28 U.S.C. §§ 2201-02 and injunctive relief under 42 U.S.C. §§ 1983 and 52 U.S.C. § 10301, alleging that the requirement violated the First and Fourteenth Amendments and Section 2 of the Voting Rights Act. The plaintiffs sought to enjoin the defendants from enforcing the Excuse and Witness Requirement, as well as provide absentee voters with notice and opportunity to cure defects in their absentee ballots for all elections in 2020 held in Louisiana. The plaintiffs also sought attorney fees. The case was filed in the U.S. District Court for the Middle District of Louisiana, and was assigned to Chief Judge Shelley D. Dick.

On April 15, the Secretary of State proposed an emergency election plan expanding the category of excuses needed to request an absentee ballot and waiving the Witness Requirement for the July and August elections due to the COVID-19 pandemic. The proposed plan was rejected by the Louisiana Senate and Governmental Affairs Committee. On April 20, the Secretary of State presented a revised emergency election plan, which did not waive the Witness Requirement and presented fewer categories to fulfill the Excuse Requirement, which was approved. The plaintiffs noted that there was no emergency action plan in place for the November and December elections and that even with the plan in place, the narrow category of excuses and the need for a witness forced voters to choose between exercising their right to vote and potentially endangering themselves. Therefore, the plaintiffs alleged that Louisiana’s Excuse Requirement and Witness Requirement imposed undue burdens on the fundamental right to vote, in violation of the First and Fourteenth Amendments and Section 2 of the Voting Rights Act. The plaintiffs also challenged the lack of notice and opportunity to cure defects with mail-in votes. The plaintiffs alleged that the “Cure Prohibition” violated the Fourteenth Amendment by denying certain populations the right to due process. The plaintiffs also filed a motion for a preliminary injunction on May 29.

Meanwhile, in a separate case, Power Coalition v. Edwards, its plaintiffs also filed a suit to challenge the Excuse Requirement, Witness Requirement, and the Cure Prohibition. Power Coalition v. Edwards and Clark v. Edwards were consolidated on June 3.

On June 5, the State of Louisiana filed a motion to intervene as defendants, which was granted on June 8. The same day, they filed a motion to dismiss, arguing that the plaintiffs lacked standing because they had not adequately alleged state action. The defendants also claimed that because of the proximity of the election, there should not be last-minute electoral meddling. On June 15, the defendants filed a joint motion to amend, which was denied on June 17. The same day, the plaintiffs amended the complaint to remove the Parish Registrars of Voters as defendants.

On June 22, the court granted the motion to dismiss and all claims against the defendants were dismissed with prejudice. 2020 WL 3415376. The court found that the plaintiffs’ claims did not adequately allege an injury in fact sufficient to give rise to standing, because the demonstrated injury was not traceable to state action. The hearing scheduled for the preliminary injunction was accordingly canceled. On June 25, the plaintiffs filed a motion to amend the judgment to dismiss their claims without prejudice, which was granted on June 30.

Summary Authors

Averyn Lee (8/2/2020)

Related Cases

Harding v. Edwards, Middle District of Louisiana (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17178031/parties/clark-v-edwards/


Judge(s)

Bourgeois, Richard L. (Louisiana)

Dick, Shelly Deckert (Louisiana)

Attorneys(s) for Plaintiff

Abudu, Nancy G. (Georgia)

Aguilera, Cecilia (District of Columbia)

Cohen, Michelle Kanter (District of Columbia)

Davis, Danielle E (Louisiana)

Fram, Robert D. (California)

Fraser, John A. III (Virginia)

Freedman, John A. (District of Columbia)

Gonzalez, Joshua (California)

Judge(s)

Bourgeois, Richard L. (Louisiana)

Dick, Shelly Deckert (Louisiana)

Attorneys(s) for Plaintiff

Abudu, Nancy G. (Georgia)

Aguilera, Cecilia (District of Columbia)

Cohen, Michelle Kanter (District of Columbia)

Davis, Danielle E (Louisiana)

Fram, Robert D. (California)

Fraser, John A. III (Virginia)

Freedman, John A. (District of Columbia)

Gonzalez, Joshua (California)

Lewis, Morgan (California)

Meza, Catherine (District of Columbia)

Morris, John Z (New York)

Sherman, Jonathan Lee (District of Columbia)

Short, Caren Elaine (Georgia)

Wilson, Ronald L. (Louisiana)

Attorneys(s) for Defendant

Block, Matthew F (Louisiana)

Cangelosi, Celia R. (Louisiana)

Freel, Angelique Duhon (Louisiana)

Gordon, Philip M. (Virginia)

Holt, Dallin B (Virginia)

Jones, Carey T. (Louisiana)

Landry, Jeff (Louisiana)

Lienhard, Jonathan (Virginia)

Smith, David Jeddie Jr (Louisiana)

Torchinsky, Jason Brett (Virginia)

Wale, Jeffrey Michael (Louisiana)

Walsh, John Charles (Louisiana)

Wheeler, Alicia Edmond (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

June 30, 2020 Docket
1 (incl. 1-1 to 1-6)

Complaint for Injunctive and Declaratory Relief

May 19, 2020 Complaint
16 (incl. 16-1 to 16-14)

Motion for Leave to File a Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction in Excess of the Page Limit

June 1, 2020 Pleading / Motion / Brief
22 (incl. 22-1 to 22-13)

Plaintiffs' Motion for Preliminary Injunction

June 4, 2020 Pleading / Motion / Brief
24 (incl. 24-1 to 24-6)

The State of Louisianas' Unopposed Motion to Intervene

June 5, 2020 Pleading / Motion / Brief
29 (incl. 29-1 to 29-3)

Defendant-Intervenor the State of Louisiana's Motion to Dismiss Plaintiffs' Complaint

June 8, 2020 Pleading / Motion / Brief
31 (incl. 31-1 to 31-11)

Registrar of Voters Motion to Dismiss Pursuant to Rule 12(b)(7)

June 8, 2020 Pleading / Motion / Brief
35, 35-1, 35-2

Defendant Attorney General Jeff Landry's Motion to Dismiss Plaintiffs' Complaint

June 11, 2020 Pleading / Motion / Brief
36 (incl. 36-1 to 36-3)

Plaintiffs' Joint Memorandum in Opposition to Jurisdictional Arguments in State's and Parish Registrars of Voters' Motions to Dismiss

June 11, 2020 Pleading / Motion / Brief
37

Memorandum in Reply on Behalf of the Registrars of Voters

June 12, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17178031/clark-v-edwards/

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

ECF Number Description Date Link
1

COMPLAINT against Kyle Ardoin, John Bel Edwards, Jeff Landry, Charlene Meaux Menard, Rhonda Rogers ( Filing fee $ 400 receipt number ALAMDC-2115758.), filed by Martha Christian Green, Lakeshia Barnett, Telisa Clark, Crescent City Media Group, League of Women Voters Louisiana. (Attachments: # 1 Attachment Civil Coversheet, # 2 Attachment Summons, # 3 Attachment Summons, # 4 Attachment Summons, # 5 Attachment Summons, # 6 Attachment Summons)(Davis, Danielle) (Entered: 05/19/2020)

1 Attachment Civil Coversheet

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2 Attachment Summons

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3 Attachment Summons

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4 Attachment Summons

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5 Attachment Summons

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6 Attachment Summons

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May 19, 2020 RECAP
2

Summons Issued as to Kyle Ardoin, John Bel Edwards, Jeff Landry, Charlene Meaux Menard, Rhonda R. Rogers. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KMW) (Entered: 05/20/2020)

May 20, 2020 PACER
3

MOTION for Caren E. Short to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116296) by All Plaintiffs. (Attachments: # 1 Affidavit of Caren E. Short, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Davis, Danielle) (Entered: 05/20/2020)

1 Affidavit of Caren E. Short

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2 Attachment Certificate of Good Standing

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3 Attachment Proposed Order

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May 20, 2020 PACER

MOTION(S) REFERRED: 3 MOTION for Caren E. Short to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116296). This motion is now pending before the USMJ. (LT)

May 21, 2020 PACER

Motions Referred

May 21, 2020 PACER

Motion for Preliminary Injunction

May 21, 2020 PACER
4

MOTION for John A. Freedman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116752) by All Plaintiffs. (Attachments: # 1 Affidavit of John A. Freedman, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Davis, Danielle) (Entered: 05/21/2020)

1 Affidavit of John A. Freedman

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2 Attachment Certificate of Good Standing

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3 Attachment Proposed Order

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May 21, 2020 PACER
5

MOTION for Jon Sherman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116756) by All Plaintiffs. (Attachments: # 1 Affidavit of Jon Sherman, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Davis, Danielle) (Entered: 05/21/2020)

1 Affidavit of Jon Sherman

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2 Attachment Certificate of Good Standing

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3 Attachment Proposed Order

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May 21, 2020 PACER
6

MOTION for Cecilia L. Aguilera to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116757) by All Plaintiffs. (Attachments: # 1 Affidavit of Cecilia L. Aguilera, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Davis, Danielle) (Entered: 05/21/2020)

1 Affidavit of Cecilia L. Aguilera

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2 Attachment Certificate of Good Standing

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3 Attachment Proposed Order

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May 21, 2020 PACER
7

MOTION for Michelle E. Kanter Cohen to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116758) by All Plaintiffs. (Attachments: # 1 Affidavit of Michelle E. Kanter Cohen, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Davis, Danielle) (Entered: 05/21/2020)

1 Affidavit of Michelle E. Kanter Cohen

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2 Attachment Certificate of Good Standing

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3 Attachment Proposed Order

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May 21, 2020 PACER

MOTION for Preliminary Injunction by Jane Chandler, Jennifer Harding, Edith Gee Jones, Louisiana State Conference of the NAACP, Jasmine Pogue, Power Coalition for Equity and Justice. This motion was originally filed in 20-283 and is moved to 20-308 for case management purposes; see doc in 20-283-14 to view image of document. (LT)

May 21, 2020 PACER

MOTION(S) REFERRED: 7 MOTION for Michelle E. Kanter Cohen to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116758), 4 MOTION for John A. Freedman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116752), 5 MOTION for Jon Sherman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116756), 6 MOTION for Cecilia L. Aguilera to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116757). This motion is now pending before the USMJ. (EDC)

May 22, 2020 PACER

Motions Referred

May 22, 2020 PACER
8

ORDER granting 3, 4, 5, 6 and 7 Motions to Appear Pro Hac Vice. Attorneys Caren E. Short, John A. Freedman, Jon Sherman, Cecilia L. Aguilera, and Michelle E. Kanter Cohen are enrolled as pro hac vice co-counsel for plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/26/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 05/26/2020)

May 26, 2020 PACER
9

MOTION for Nancy G. Abudu to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118009) by All Plaintiffs. (Attachments: # 1 Affidavit of Nancy G. Abudu, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Davis, Danielle) (Entered: 05/26/2020)

1 Affidavit of Nancy G. Abudu

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2 Attachment Certificate of Good Standing

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3 Attachment Proposed Order

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May 26, 2020 PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

May 26, 2020 PACER

MOTION(S) REFERRED: 9 MOTION for Nancy G. Abudu to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118009). This motion is now pending before the USMJ. (EDC)

May 27, 2020 PACER

Motions Referred

May 27, 2020 PACER
10

WAIVER OF SERVICE Returned Executed by Martha Christian Green, Lakeshia Barnett, Telisa Clark, Crescent City Media Group, League of Women Voters Louisiana. Rhonda R. Rogers waiver sent on 5/22/2020, answer due 7/21/2020. (Davis, Danielle) (Entered: 05/27/2020)

May 27, 2020 PACER
11

WAIVER OF SERVICE Returned Executed by Martha Christian Green, Lakeshia Barnett, Telisa Clark, Crescent City Media Group, League of Women Voters Louisiana. Charlene Meaux Menard waiver sent on 5/22/2020, answer due 7/21/2020. (Davis, Danielle) (Entered: 05/27/2020)

May 27, 2020 PACER
12

ORDER granting 9 Motion to Appear Pro Hac Vice. Attorney Nancy G. Abudu is enrolled as pro hac vice co-counsel for plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/28/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 05/28/2020)

May 28, 2020 PACER
13

WAIVER OF SERVICE Returned Executed by Martha Christian Green, Lakeshia Barnett, Telisa Clark, Crescent City Media Group, League of Women Voters Louisiana. John Bel Edwards waiver sent on 5/27/2020, answer due 7/27/2020. (Davis, Danielle) (Entered: 05/28/2020)

May 28, 2020 PACER

Order on Motion to Appear Pro Hac Vice

May 28, 2020 PACER

Motion for Expedited Hearing

May 29, 2020 PACER

MOTION for Expedited Hearing on MOTION for Preliminary Injunction by Jane Chandler, Jennifer Harding, Edith Gee Jones, Louisiana State Conference of the NAACP, Jasmine Pogue, Power Coalition for Equity and Justice. This motion was originally filed in 20-283 and is moved to 20-308 for case management purposes; see doc in 20-293-16 to view image of document. (LT)

May 29, 2020 PACER

Motion for Extension of Time to File

May 29, 2020 PACER
14

WAIVER OF SERVICE Returned Executed by Martha Christian Green, Lakeshia Barnett, Telisa Clark, Crescent City Media Group, League of Women Voters Louisiana. Jeff Landry waiver sent on 5/22/2020, answer due 7/21/2020. (Davis, Danielle) (Entered: 05/29/2020)

May 29, 2020 PACER

MOTION for Extension of Time to File Responsive Pleadings to Complaint by Kyle Ardoin. This motion was originally filed in 20-283 and is moved to 20-308 for case management purposes; see doc in 20-283-18 to view image of document. (LT)

May 29, 2020 PACER
15

WAIVER OF SERVICE Returned Executed by Martha Christian Green, Lakeshia Barnett, Telisa Clark, Crescent City Media Group, League of Women Voters Louisiana. Kyle Ardoin waiver sent on 5/28/2020, answer due 7/27/2020. (Davis, Danielle) (Entered: 05/29/2020)

May 29, 2020 PACER

MOTION for Extension of Time to File Responsive Pleadings by John Bel Edwards. This motion was originally filed in 20-283 and is moved to 20-308 for case management purposes; see doc in 20-283-20 to view image of document. (LT)

May 29, 2020 PACER
16

MOTION for Leave to Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction in Excess of the Page Limit by All Plaintiffs. (Attachments: # 1 Attachment Motion for Preliminary Injunction, # 2 Attachment Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction, # 3 Exhibit Declaration of Caren E. Short, # 4 Exhibit Declaration of Dr. Megan Murray, # 5 Exhibit Power Coalition for Equity & Justice v. Edwards, Mem. L. Supp. Pls.' Mot. Prelim. Inj., # 6 Exhibit Declaration of Dr. Sekou Franklin, # 7 Exhibit First Proposed Emergency Election Plan, # 8 Exhibit Emergency Election Plan, # 9 Exhibit Declaration of Telisa Clark, # 10 Exhibit Declaration of Lakeshia Barnett, # 11 Exhibit Declaration of Martha Christian Green, # 12 Exhibit Declaration of Trupania Bonner, # 13 Exhibit Declaration of Hilda Walker Thomas, # 14 Attachment Proposed Order)(Short, Caren) Modified on 6/2/2020 to edit the docket text (SWE). (Entered: 06/01/2020)

June 1, 2020 PACER
17

ORDER: It is ordered that defendant's motion to consolidate (20-cv-283) is granted. It is further ordered that the matter captioned Power Coalition for Equity and Justice, et al v. Edwards, et al., Civil Action No. 20-00283-BAJ-EWD is hereby transferred to Chief Judge Shelly D. Dick and consolidated with the matter captioned Clark, et al. v. Edwards, et al., Civil Action No. 20-cv-00308-SDD- RLB for all purposes and until otherwise ordered by the Court. Signed by Chief Judge Shelly D. Dick on 6/3/2020. (LT) (Entered: 06/03/2020)

June 3, 2020 RECAP

Preliminary Injunction

June 3, 2020 PACER

Expedited Hearing

June 3, 2020 PACER

Extension of Time to File a Document

June 3, 2020 PACER

Set/Reset Deadlines

June 4, 2020 PACER

Set/Reset Hearings

June 4, 2020 PACER
18

ORDER granting 16 Motion for Leave to File Excess Pages. Signed by Chief Judge Shelly D. Dick on 6/4/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 06/04/2020)

June 4, 2020 PACER
19

ORDER granting [RD18, Consolidated matter 20cv283] Motion for Extension of Time to File by Defendant Kyle Ardoin. Signed by Chief Judge Shelly D. Dick on 6/4/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 06/04/2020)

June 4, 2020 PACER
20

ORDER granting [RD20, Consolidated matter 20cv283] Motion for Extension of Time to File by John Bel Edwards. Signed by Chief Judge Shelly D. Dick on 6/4/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 06/04/2020)

June 4, 2020 PACER

Set/Reset Deadlines: Kyle Ardoin answer due 6/24/2020; John Bel Edwards answer due 6/24/2020. (LLH)

June 4, 2020 PACER
21

NOTICE of TELEPHONE CONFERENCE: Telephone Status Conference before the Chief District Judge Shelly D. Dick set for 6/8/2020 at 10:00 a.m. CST. Counsel participating in the Conference shall call 877-402-9753 using access code 9040606 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BKA) (Entered: 06/04/2020)

June 4, 2020 PACER
22

MOTION for Preliminary Injunction by Lakeshia Barnett, Telisa Clark, Crescent City Media Group, Martha Christian Green, League of Women Voters Louisiana. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12) Pursuant to record document number 18.(LT) (Attachment 3 replaced on 6/12/2020) (EDC). Modified on 6/12/2020 in accordance with record document 34. (EDC). (Entered: 06/05/2020)

1 Memorandum in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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June 4, 2020 RECAP

Set Hearings: Telephone Conference before the District Judge set for 6/8/2020 at 10:00 AM before Chief Judge Shelly D. Dick. (NLT)

June 4, 2020 PACER

Order on Motion for Leave to File Excess Pages

June 4, 2020 PACER

Order on Motion for Extension of Time to File

June 4, 2020 PACER
24

MOTION to Intervene by State Of Louisiana. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading; Motion to Dismiss, # 4 Memorandum in Support Motion to Dismiss, # 5 Proposed Order, # 6 Answer)(KMW) Modified on 6/9/2020 This document was originally filed in the member case by counsel (KMW). (Entered: 06/08/2020)

1 Memorandum in Support

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2 Proposed Order

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3 Proposed Pleading; Motion to Dismiss

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4 Memorandum in Support Motion to Dismiss

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5 Proposed Order

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6 Answer

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June 5, 2020 PACER
25

MOTION for Jason Brett Torchinsky to Appear Pro Hac Vice by State Of Louisiana. (Attachments: # 1 Proposed Pleading;, # 2 Affidavit, # 3 Exhibit)(ELW) Modified on 6/11/2020 This document was originally filed in the member case by counsel.(ELW). (Entered: 06/08/2020)

1 Proposed Pleading;

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2 Affidavit

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3 Exhibit

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June 5, 2020 PACER
26

MOTION for Phillip M. Gordon to Appear Pro Hac Vice by State Of Louisiana. (Attachments: # 1 Proposed Pleading;, # 2 Affidavit, # 3 Exhibit)(ELW) Modified on 6/8/2020 to correct file date (ELW). Modified on 6/11/2020 This document was originally filed in the member case by counsel.(ELW). (Entered: 06/08/2020)

1 Proposed Pleading;

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2 Affidavit

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3 Exhibit

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June 5, 2020 PACER

Motions Referred

June 8, 2020 PACER
23

ORDER granting Motion for Philip M. Gordon to Appear Pro Hac Vice. Signed by Chief Judge Shelly D. Dick on 6/8/2020. (EDC) (Entered: 06/08/2020)

June 8, 2020 PACER

MOTION(S) REFERRED: 24 MOTION to Intervene. This motion is now pending before the USMJ. (KMW)

June 8, 2020 PACER
27

ORDER granting 25 Motion for Jason B. Torchinsky to Appear Pro Hac Vice. Signed by Chief Judge Shelly D. Dick on 6/8/2020. (LT) (Entered: 06/08/2020)

June 8, 2020 PACER
28

Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Telephone Status Conference held on 6/8/2020. The court discussed and granted the pending Motion to Intervene and Motions for Jason Torchinsky and Phillip M. Gordon to appear pro hac vice. The Court and counsel discuss jurisdictional motions, and Court sets deadline of 72 hours for opposition briefs to any jurisdictional motions filed, with Replies (without the necessity of request for leave) due within 24 hours of any oppositions filed. A hearing on the Motion for Preliminary Injunction is set for 6/24/2020 through noon on 6/26/2020 by video before the District Judge. Opposition briefs due by 6/22/2020 with replies but by close of business on 6/23/2020. The court vacates the FRCP 26(f) Order. (LT) Modified on 6/10/2020 to edit the text (NLT). (Entered: 06/08/2020)

June 8, 2020 PACER
29

MOTION to Dismiss by State Of Louisiana. (Attachments: # 1 Memorandum in Support, # 2 Attachment Order, # 3 Attachment Answer)(LT) (Entered: 06/08/2020)

1 Memorandum in Support

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2 Attachment Order

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3 Attachment Answer

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June 8, 2020 RECAP
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MOTION to Amend the Declaration of Dr. Megan Murray by All Plaintiffs. (Attachments: # 1 Attachment Amended Expert Declaration Dr. Megan Murray, # 2 Attachment Proposed Order)(Short, Caren) Modified on 6/8/2020 to edit the docket text (KMW). (Entered: 06/08/2020)

1 Attachment Amended Expert Declaration Dr. Megan Murray

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2 Attachment Proposed Order

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June 8, 2020 PACER
31

First MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(7) by Charlene Meaux Menard, Steve Raborn, Rhonda R. Rogers, Sandra L. Wilson. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 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)(Wale, Jeffrey) Modified on 6/10/2020 to edit the docket text (KMW). (Entered: 06/08/2020)

1 Memorandum in Support

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2 Proposed Pleading;

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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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June 8, 2020 PACER
32

Joint MOTION for Leave to File a Memorandum in Opposition to Jurisdictional Arguments in State's and Parish Registrars' Motions to Dismiss in Excess of the Page Limit by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Short, Caren) Modified on 6/11/2020 to edit text. (EDC). (Entered: 06/10/2020)

1 Attachment Proposed Order

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June 10, 2020 PACER
33

ORDER granting 32 Motion for Leave to File Excess Pages. Signed by Chief Judge Shelly D. Dick on 6/11/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 06/11/2020)

June 11, 2020 PACER
34

ORDER granting 30 Motion to Amend. Signed by Chief Judge Shelly D. Dick on 6/11/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 06/11/2020)

June 11, 2020 PACER
35

MOTION to Dismiss by Jeff Landry. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Torchinsky, Jason) (Entered: 06/11/2020)

1 Memorandum in Support

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2 Proposed Order

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June 11, 2020 PACER
36

Joint MEMORANDUM in Opposition to Jurisdictional Arguments in 31 First MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(7), 29 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit Complaint, Fla. Dem. Party v. Scott, # 2 Exhibit Complaint, Ga. Coal. for People's Agenda v. Deal, # 3 Exhibit Proposed Amended Complaint)(Short, Caren) Modified on 6/12/2020 to edit text (ELW). (Entered: 06/11/2020)

1 Exhibit Complaint, Fla. Dem. Party v. Scott

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2 Exhibit Complaint, Ga. Coal. for People's Agenda v. Deal

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3 Exhibit Proposed Amended Complaint

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June 11, 2020 PACER

Order on Motion for Leave to File Excess Pages

June 11, 2020 PACER

Order on Motion to Amend

June 11, 2020 PACER
37

MEMORANDUM in REPLY to 36 Memorandum in Opposition to 31 First MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(7) filed by Charlene Meaux Menard, Steve Raborn, Rhonda R. Rogers, Sandra L. Wilson. (Wale, Jeffrey) Modified on 6/12/2020 to edit text. (EDC). (Entered: 06/12/2020)

June 12, 2020 RECAP
38

REPLY to Joint Memorandum in Opposition to 35 MOTION to Dismiss filed by Jeff Landry, State Of Louisiana. (Torchinsky, Jason) Modified on 6/15/2020 to edit the docket text (KMW). (Entered: 06/12/2020)

June 12, 2020 RECAP
39

MEMORANDUM in Opposition to 35 MOTION to Dismiss filed by All Plaintiffs. (Short, Caren) (Entered: 06/15/2020)

June 15, 2020 PACER
40

NOTICE of Supplemental Authority by Jeff Landry, State Of Louisiana (Attachments: # 1 Exhibit Emergency Rule)(Torchinsky, Jason) (Entered: 06/15/2020)

1 Exhibit Emergency Rule

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June 15, 2020 PACER
41

Joint MOTION to Amend the 28 Court's Pre-Hearing Order by Jane Chandler, Jennifer Harding, Edith Gee Jones, Louisiana State Conference of the NAACP, Jasmine Pogue, Power Coalition for Equity and Justice. (Gonzalez, Joshua) Modified on 6/16/2020 to edit text. (EDC). (Entered: 06/15/2020)

June 15, 2020 RECAP
42

MEMORANDUM in Opposition to 41 Joint MOTION to Amend 28 Court's PPre-Hearing Order filed by Charlene Meaux Menard, Steve Raborn, Rhonda R. Rogers, Sandra L. Wilson. (Wale, Jeffrey) Modified on 6/16/2020 to edit text. (EDC). (Entered: 06/16/2020)

June 16, 2020 PACER
43

RESPONSE in Opposition to 41 Joint MOTION to Amend 28 Telephone Conference filed by Jeff Landry, State Of Louisiana. (Torchinsky, Jason) Modified on 6/16/2020 to edit text (ELW). (Entered: 06/16/2020)

June 16, 2020 PACER
44

Joint MEMORANDUM Regarding the Admissibility of Expert and Fact Declarations filed by Jane Chandler, Jennifer Harding, Edith Gee Jones, Louisiana State Conference of the NAACP, Jasmine Pogue, Power Coalition for Equity and Justice. (Gonzalez, Joshua) Modified on 6/17/2020 to edit the docket text (KMW). (Entered: 06/16/2020)

June 16, 2020 PACER
45

MOTION to Dismiss by Kyle Ardoin. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order of Dismissal)(Cangelosi, Celia) (Entered: 06/17/2020)

1 Memorandum in Support

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2 Proposed Pleading; Order of Dismissal

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June 17, 2020 PACER
46

ORDER denying 41 Motion to Amend. The parties are urged to meet and confer regarding stipulations of fact and the use of declarations in lieu of live testimony, where practical, and in consideration of the prevailing evidentiary standards applicable to actions for injunctive relief. Signed by Chief Judge Shelly D. Dick on 6/17/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 06/17/2020)

June 17, 2020 PACER
47

AMENDED COMPLAINT against Kyle Ardoin, John Bel Edwards, Jeff Landry, filed by Lakeshia Barnett, Telisa Clark, Crescent City Media Group, League of Women Voters Louisiana.(Short, Caren) (Entered: 06/17/2020)

June 17, 2020 RECAP
48

NOTICE of Withdrawal of Part of Motion for Preliminary Injunction by Lakeshia Barnett, Telisa Clark, Crescent City Media Group, League of Women Voters Louisiana re 22 MOTION for Preliminary Injunction (Short, Caren) (Entered: 06/17/2020)

June 17, 2020 PACER

Order on Motion to Amend

June 17, 2020 PACER
49

AMENDED COMPLAINT against Kyle Ardoin, John Bel Edwards, State Of Louisiana, Jeff Landry filed by Consolidated Plaintiffs (Meza, Catherine) Modified on 6/18/2020 to edit the docket text (KMW). (Entered: 06/18/2020)

June 18, 2020 PACER
50

NOTICE of Amended Complaints by Lakeshia Barnett, Jane Chandler, Telisa Clark, Crescent City Media Group, Jennifer Harding, Edith Gee Jones, League of Women Voters Louisiana, Louisiana State Conference of the NAACP, Jasmine Pogue, Power Coalition for Equity and Justice (Morris, John) (Entered: 06/18/2020)

June 18, 2020 PACER
51

Notice to Counsel: In preparation for the Preliminary Injunction Hearing set to commence at 9:30 am CST on 6/24/2020 via video teleconference in this matter, Counsel and interested participants are to consult the Middle Districts website where there is a dedicated section under the Courtroom Technology tab labeled ZOOM. All necessary information and instructions are provided therein. Participating Counsel are expected to have reviewed and become familiar with all necessary material regarding presentation of evidence and to make special note of the confidentiality and security admonitions outlined by the Court.Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 06/18/2020)

June 18, 2020 PACER
52

NOTICE TO COUNSEL: Counsel are hereby advised that the Court has implemented the use of a Judicial Evidence Recording System (JERS). Electronic evidence files (an Electronic Bench Book) shall be provided, by each party, using the Court's Electronic Evidence Online submission tool through CM/ECF (Utilities / Evidence Upload) on or before 6/22/2020. (BKA) (Entered: 06/18/2020)

June 18, 2020 PACER
53

Exhibit List for Preliminary Injunction Hearing by Jeff Landry, State Of Louisiana.. (Attachments: # 1 Attachment Exhibit List)(Torchinsky, Jason) (Entered: 06/18/2020)

1 Attachment Exhibit List

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June 18, 2020 PACER
54

Witness List by Jeff Landry, State Of Louisiana. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Attachments: # 1 Attachment Witness List)(Torchinsky, Jason) (Entered: 06/18/2020)

June 18, 2020 PACER
55

Exhibit List for Preliminary Injunction Hearing by Kyle Ardoin.. (Cangelosi, Celia) (Entered: 06/18/2020)

June 18, 2020 PACER
56

Witness List by Kyle Ardoin. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Cangelosi, Celia) (Entered: 06/18/2020)

June 18, 2020 PACER
57

Exhibit List for Preliminary Injunction Hearing by Jane Chandler, Jennifer Harding, Edith Gee Jones, Louisiana State Conference of the NAACP, Jasmine Pogue, Power Coalition for Equity and Justice.. (Fram, Robert) (Entered: 06/18/2020)

June 18, 2020 PACER
58

Witness List by Jane Chandler, Jennifer Harding, Edith Gee Jones, Louisiana State Conference of the NAACP, Power Coalition for Equity and Justice. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Fram, Robert) (Entered: 06/18/2020)

June 18, 2020 PACER

Motions Referred

June 19, 2020 PACER
59

MOTION for Dallin Holt to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2129950) by Jeff Landry. (Attachments: # 1 Proposed Pleading; Order, # 2 Exhibit Certificate of Good Standing, # 3 Affidavit)(Freel, Angelique) (Entered: 06/19/2020)

June 19, 2020 PACER
60

MOTION for Jonathan Lienhard to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2129953) by Jeff Landry. (Attachments: # 1 Proposed Pleading; Order, # 2 Affidavit, # 3 Exhibit Certificate of Good Standing)(Freel, Angelique) (Entered: 06/19/2020)

1 Proposed Pleading; Order

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2 Affidavit

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3 Exhibit Certificate of Good Standing

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June 19, 2020 PACER

MOTION(S) REFERRED: 59 MOTION for Dallin Holt to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2129950), 60 MOTION for Jonathan Lienhard to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2129953). This motion is now pending before the USMJ. (KMW)

June 19, 2020 PACER
61

Joint STIPULATION as to the Admission of Certain Facts by Jane Chandler, Jennifer Harding, Edith Gee Jones, Louisiana State Conference of the NAACP, Jasmine Pogue, Power Coalition for Equity and Justice. (Meza, Catherine) Modified on 6/19/2020 to edit the docket text (KMW). (Entered: 06/19/2020)

June 19, 2020 PACER
62

Supplemental Declaration/Exhibit List for Preliminary Injunction Hearing by Lakeshia Barnett, Telisa Clark, Crescent City Media Group, League of Women Voters Louisiana.. (Short, Caren) Modified on 6/22/2020 to edit the docket text (KMW). (Entered: 06/19/2020)

June 19, 2020 PACER
63

ORDER finding as moot 31 Motion to Dismiss. In light of Plaintiffs Amended Complaints, which remove the Parish Registrars of Voters as Defendants (See Rec. Doc. No 50), the Registrars Motion to Dismiss is hereby DENIED as MOOT. Signed by Chief Judge Shelly D. Dick on 6/19/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 06/19/2020)

June 19, 2020 PACER
64

MOTION for Extension of Time Response to Pls' Mot. for Prelim. Inj. and to Resechedule Hearing for Pls.' Mot. for Prelim. Inj. by Jeff Landry, State Of Louisiana. (Attachments: # 1 Proposed Order)(Torchinsky, Jason) (Entered: 06/19/2020)

1 Proposed Order

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June 19, 2020 PACER

Order on Motion to Dismiss

June 19, 2020 PACER
65

JOINT Opposition to 64 MOTION to Continue the Preliminary Injunction Hearing filed by Lakeshia Barnett, Telisa Clark, Crescent City Media Group, League of Women Voters Louisiana. (Aguilera, Cecilia) Modified on 6/22/2020 to edit text. (EDC). (Entered: 06/20/2020)

June 20, 2020 PACER
66

ORDER granting 59 Motion for Dallin Holt to Appear Pro Hac Vice. Signed by Chief Judge Shelly D. Dick on 6/20/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 06/20/2020)

June 20, 2020 PACER
67

ORDER granting 60 Motion for Jonathan Lienhard to Appear Pro Hac Vice. Signed by Chief Judge Shelly D. Dick on 6/20/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 06/20/2020)

June 20, 2020 PACER

Order on Motion to Appear Pro Hac Vice

June 20, 2020 PACER

State / Territory: Louisiana

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 19, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three voters, Crescent City Media Group, and League of Women Voters Louisiana

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Louisiana, State

Secretary of State of Louisiana, State

Attorney General of the State of Louisiana, State

Parish Board of Election Supervisors, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Voting

Voting access

COVID-19:

Mitigation Denied

Mitigation Requested

Voting:

Election administration

Voter qualifications

Voter registration rules