Case: Priorities USA v. Nessel

4:19-cv-13341 | U.S. District Court for the Eastern District of Michigan

Filed Date: Nov. 12, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit was filed on November 12, 2019 in the U.S. District Court for the Eastern District of Michigan. The plaintiff, a left-wing advocacy group called Priorities USA, sued Michigan Attorney General Dana Nessel in her official capacity. They were represented by private counsel. The group claimed that two Michigan laws, the "Voter Transportation Ban" and the "Absentee Ballot Organizing Ban," violated the U.S. Constitution. The Voter Transportation Ban prohibited the hiring of vehicles to b…

This lawsuit was filed on November 12, 2019 in the U.S. District Court for the Eastern District of Michigan. The plaintiff, a left-wing advocacy group called Priorities USA, sued Michigan Attorney General Dana Nessel in her official capacity. They were represented by private counsel. The group claimed that two Michigan laws, the "Voter Transportation Ban" and the "Absentee Ballot Organizing Ban," violated the U.S. Constitution. The Voter Transportation Ban prohibited the hiring of vehicles to bring voters to an election, unless that voter is physically unable to walk. The Absentee Ballot Organizing Ban created strict limits on the handling of absentee ballots by third parties. The lawsuit argues that these provisions were in violation of the First and Fourteenth Amendments of the United States. The provisions violated the First Amendment, the complaint argued, in that they created an undue burden to vote and they violated the organization's rights to free speech and association. The Fourteenth Amendment charge asserted that the provisions violated the Equal Protection Clause because they only exempted one type of disability -- people unable to walk -- while leaving out many other people who cannot transport themselves to the polls, including people with visual and other physical impairments. The plaintiffs sought declaratory and injunctive relief, along with attorney's fees and costs.

The case was assigned to District Judge Mark A. Goldsmith and Magistrate Judge R. Steven Whalen.

A month later, the defendants filed a motion to dismiss on several grounds. First, they argued that the plaintiff lacked standing, as they had not been injured and could not sue as a representative. The motion also argued that the plaintiff did not state a claim upon which relief could be granted with regards to both the Voter Transportation Ban and to the Absentee Ballot Organizing Ban. The defendants argued that the laws only minimally burdened rights to vote and rights to free speech, and were supported by important interests. Judge Goldsmith issued an order on December 23 suggesting that the plaintiffs amend their complaint. In response, the plaintiffs filed an amended complaint on January 27, 2020.

The new amended complaint added two new plaintiffs. The first, Rise, Inc. was a student-run voter mobilization group operating in Michigan and California. The second, Detroit/Downriver Chapter of the A. Philip Randolph Institute (DAPRI) was a self-described "senior constituency group" of the AFL-CIO. The amended complaint also made changes to the underlying complaints. The first count now alleged that the Absentee Ballot Organizing Ban violated the Due Process Clause of the Fourteenth Amendment by being unconstitutionally vague. The amended complaint retained the arguments that the Absentee Ballot Organizing Ban was in violation of free speech and free association rights, and also that it created an undue burden regarding the right to vote. They also inserted a new argument, claiming that the state laws conflicted with Section 208 of the Voting Rights Act (which holds that voters can choose from whom they receive assistance in voting if they are blind, disabled, or unable to read/write). The plaintiffs put forth many of the same claims with regards to the Voter Transportation Ban in the amended complaint, claiming that it was unconstitutionally vague, violated free speech and association rights, created an undue burden to the right to vote, and was superseded by the Federal Election Campaign Act of 1973. Regulations pursuant to that act allow corporations and labor organizations to transport voters to and from the polls. They sought declaratory and injunctive relief, as well as attorney's fees and costs.

At the same time, the plaintiffs began a separate lawsuit with a complaint identical to the amended complaint under this docket. They claimed to have done this "out of an abundance of caution" to make sure that the new arguments regarding standing were properly considered. They immediately moved to consolidate the new case with this one, and the new case was dismissed on February 14, 2020.

On January 28, 2020, a day after the amended complaint was filed, the plaintiffs filed a motion for a preliminary and permanent injunction. Here, the plaintiffs argued that their claims were meritorious, that they would suffer irreparable harm if injunctive relief was not granted, that a preliminary injunction would not cause substantial harm to others, and that the injunction was in the public interest.

On the last day of January, the case was reassigned to District Judge Stephanie Dawkins Davis.

On February 10, the defendant filed a motion to dismiss the amended complaint, arguing the alterations made to the plaintiffs' complaint still did not grant them standing, because they had not shown that they were actually planning on participating in any of the prohibited behavior. They also argued that the federal statute regarding the Voting Rights Act and the Absentee Ballot Organizing Ban did not conflict, because the latter only prohibits third parties from actively requesting to take a voter's absentee ballot, whereas the Voting Rights Act ensures the voter's ability to ask for assistance in voting. Similarly, they argued that the Voter Transportation Ban did not conflict with the federal regulations, because the Voter Transportation Ban only forbade hiring someone for the purpose of taking the voter to the poll, but did not prohibit the plaintiffs from taking voters to the polls out of their own will.

A little over a week later, the defendants then filed a brief in opposition to the motion for a preliminary and permanent injunction. The brief more or less rehashed the same arguments they made in the motion to dismiss, adding that the plaintiffs would not face irreparable injury (but that the state would) and that an injunction would not be in the public interest.

Over the next few months, several other organizations submitted motions to intervene, including the Michigan Republican Party, the Republican National Committee, the Michigan House of Representatives, and the Michigan Senate. So on May 8, 2020, the court held a hearing regarding those parties' motions to intervene as well as the motion to dismiss. Two weeks later, the court issued an granting the parties' motions to intervene and granting in part and denying in part the defendant's motion to dismiss. The court dismissed Counts III and VII of the amended complaints, those being the allegations that the Absentee Ballot Organizing Ban and the Voter Transportation Ban constituted an undue burden to the right to vote. 2020 WL 2615766.

On June 1, the intervenors (the Michigan Republican Party and the Republican National Committee collectively and the Michigan House of Representatives and the Michigan Senate collectively) submitted similar responses to the amended complaint, which denied all of the allegations apart from the already dismissed counts, and asked that the court dismiss the case. They also submitted lists of affirmative defenses.

Two days later the defendant submitted a response to the amended complaint, which was more or less the same as what the intervenors had submitted.

Over the next few weeks, the intervenors responded to the motion for preliminary and permanent injunctions. The plaintiffs then filed a reply to the responses, and Judge Davis then scheduled a hearing for July 14 to listen to arguments regarding the proposed preliminary and permanent injunctions.

The case is ongoing as of July 28, 2020.

Summary Authors

Jack Hibbard (7/28/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16458002/parties/priorities-usa-v-nessel/


Judge(s)

Davis, Stephanie Dawkins (Michigan)

Goldsmith, Mark Allan (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Beane, Amanda J. (Washington)

Bryant, Christopher James (District of Columbia)

Elgart, Courtney (District of Columbia)

Elias, Marc Erik (District of Columbia)

Hamilton, Kevin J. (Washington)

Prescott, Sarah (Michigan)

Attorneys(s) for Defendant

Grill, Erik A. (Michigan)

Judge(s)

Davis, Stephanie Dawkins (Michigan)

Goldsmith, Mark Allan (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Beane, Amanda J. (Washington)

Bryant, Christopher James (District of Columbia)

Elgart, Courtney (District of Columbia)

Elias, Marc Erik (District of Columbia)

Hamilton, Kevin J. (Washington)

Prescott, Sarah (Michigan)

Attorneys(s) for Defendant

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

Other Attorney(s)

Eatherly, Steven R (Michigan)

Meyers, Roger P (Michigan)

Seyferth, Patrick G (Michigan)

Steinberger, Michael K (Michigan)

Wilder, Kurtis T (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

June 26, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

Nov. 12, 2019 Complaint
10

Defendant's Motion to Dismiss

Dec. 20, 2019 Pleading / Motion / Brief
13

Order Regarding Motion to Dismiss

Dec. 23, 2019 Order/Opinion
17

Amended Complaint for Declaratory and Injunctive Relief

Jan. 27, 2020 Complaint
20

Motion for Consolidation of Related Cases

Jan. 27, 2020 Pleading / Motion / Brief
22

Motion for a Preliminary and Permanent Injunction

Jan. 28, 2020 Pleading / Motion / Brief
26, 26-1, 26-2

Defendant's Response to Plaintiffs' Motion to Consolidate

Feb. 7, 2020 Pleading / Motion / Brief
27

Defendant's Motion to Dismiss Amended Complaint

Feb. 10, 2020 Pleading / Motion / Brief
29

Order Denying Motion to Dismiss as Moot (ECF No. 10), Denying Motion to Expedite Without Prejudice (ECF No. 23), and Setting Briefing Schedule on Motion to Dismiss (ECF No. 27)

Feb. 11, 2020 Order/Opinion

Resources

Title Description External URL

Priorities USA v. Nessel

Election Law @ Moritz

Plaintiffs challenge Michigan's Voter Transportation Ban and Absentee Ballot Organizing Ban, arguing that the bans violate the First and Fourteenth Amendments. Nov. 12, 2019 https://moritzlaw.osu.edu/electionlaw/litigation/Nessel.php

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16458002/priorities-usa-v-nessel/

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

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-7483386 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Prescott, Sarah) (Entered: 11/12/2019)

Nov. 12, 2019 RECAP
2

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs (Prescott, Sarah) (Entered: 11/13/2019)

Nov. 13, 2019 PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

Nov. 13, 2019 PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LGra)

Nov. 13, 2019 PACER
3

SUMMONS Issued for *Dana Nessel* (LGra) (Entered: 11/13/2019)

Nov. 13, 2019 PACER
4

NOTICE of Appearance by Marc E. Elias on behalf of Priorities USA. (Elias, Marc) (Entered: 11/18/2019)

Nov. 18, 2019 RECAP
5

CERTIFICATE of Service/Summons Returned Executed. Priorities USA served on 11/15/2019, answer due 12/6/2019. (Elias, Marc) (Entered: 11/20/2019)

Nov. 20, 2019 PACER
6

STIPULATED ORDER Extending Time for Defendant to Respond to Plaintiff's Complaint. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 12/04/2019)

Dec. 4, 2019 RECAP
7

ATTORNEY APPEARANCE: Heather S. Meingast appearing on behalf of Dana Nessel (Meingast, Heather) (Entered: 12/05/2019)

Dec. 5, 2019 PACER
8

ATTORNEY APPEARANCE: Erik A. Grill appearing on behalf of Dana Nessel (Grill, Erik) (Entered: 12/05/2019)

Dec. 5, 2019 PACER
9

Ex Parte MOTION for Leave to File Excess Pages for Motion to Dismiss by Dana Nessel. (Meingast, Heather) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
10

MOTION to Dismiss by Dana Nessel. (Meingast, Heather) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
11

ORDER Regarding Certification Requirements. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 12/23/2019)

Dec. 23, 2019 RECAP
12

ORDER Granting Defendant's Ex Parte Motion for Leave to File Excess Pages (Dkt. 9 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 12/23/2019)

Dec. 23, 2019 PACER
13

ORDER Regarding Motion to Dismiss. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 12/23/2019)

Dec. 23, 2019 PACER
14

NOTICE of Appearance by Kevin J. Hamilton on behalf of Priorities USA. (Hamilton, Kevin) (Entered: 01/02/2020)

Jan. 2, 2020 PACER
15

STIPULATED ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 01/09/2020)

Jan. 9, 2020 PACER
16

STIPULATED ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS COMPLAINT. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 01/27/2020)

Jan. 27, 2020 RECAP
17

AMENDED COMPLAINT filed by Priorities USA, Rise, Inc., Detroit/Downriver Chapter of the A. Philip Randolph Institute against Dana Nessel. NO NEW PARTIES ADDED. (Elias, Marc) (Entered: 01/27/2020)

Jan. 27, 2020 RECAP
18

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Rise, Inc. (Elias, Marc) (Entered: 01/27/2020)

Jan. 27, 2020 PACER
19

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Detroit/Downriver Chapter of the A. Philip Randolph Institute (Elias, Marc) (Entered: 01/27/2020)

Jan. 27, 2020 PACER
20

MOTION to Consolidate Cases by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 01/27/2020)

Jan. 27, 2020 PACER
21

Ex Parte MOTION for Leave to File Excess Pages by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 01/28/2020)

Jan. 28, 2020 PACER
22

MOTION for Preliminary Injunction by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Attachments: # 1 Exhibit 1 - Brief in Support of Motion for Preliminary Injunction, # 2 Index of Exhibits 2 - Index, # 3 Exhibit 3 - Declaration of Chris Bryant, # 4 Exhibit 4 - Declaration of Guy Cecil, # 5 Exhibit 5 - Declaration of Andrea Hunter, # 6 Exhibit 6 - Declaration of Maxwell Lubin, # 7 Exhibit 7 - Declaration of Dr. Maxwell Palmer, # 8 Exhibit 8 - Declaration of Nse Ufot, # 9 Exhibit 9 - Letter to Defendant Attorney General Dana Nessel, # 10 Exhibit 10 - Letter to Michigan Secretary of State Jocelyn Benson and to Michigan Attorney General Dana Nessel, # 11 Exhibit 11 - Letter to Michigan County Prosecutor Carol Siemon, # 12 Exhibit 12 - Secretary of States Office, 2018 Michigan Election Results, # 13 Exhibit 13 - Danielle Burr, Update on Uber Drives the Vote, # 14 Exhibit 14 - National Conference of State Legislatures, State Laws Governing Early Voting, # 15 Exhibit 15 - National Conference of State Legislatures, Absentee and Early Voting, # 16 Exhibit 16 - Ashley Schafer, City preps for uptick of absentee voters, # 17 Exhibit 17 - Jackie Smith, Clerks prepare to handle spike in absentee voters in March presidential primary election, # 18 Exhibit 18 - Declaration of Andy Didorosi) (Elias, Marc) (Entered: 01/28/2020)

1 Exhibit 1 - Brief in Support of Motion for Preliminary Injunction

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2 Index of Exhibits 2 - Index

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3 Exhibit 3 - Declaration of Chris Bryant

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4 Exhibit 4 - Declaration of Guy Cecil

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5 Exhibit 5 - Declaration of Andrea Hunter

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6 Exhibit 6 - Declaration of Maxwell Lubin

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7 Exhibit 7 - Declaration of Dr. Maxwell Palmer

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8 Exhibit 8 - Declaration of Nse Ufot

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9 Exhibit 9 - Letter to Defendant Attorney General Dana Nessel

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10 Exhibit 10 - Letter to Michigan Secretary of State Jocelyn Benson and to Michiga

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11 Exhibit 11 - Letter to Michigan County Prosecutor Carol Siemon

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12 Exhibit 12 - Secretary of States Office, 2018 Michigan Election Results

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13 Exhibit 13 - Danielle Burr, Update on Uber Drives the Vote

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14 Exhibit 14 - National Conference of State Legislatures, State Laws Governing Ear

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15 Exhibit 15 - National Conference of State Legislatures, Absentee and Early Votin

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16 Exhibit 16 - Ashley Schafer, City preps for uptick of absentee voters

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17 Exhibit 17 - Jackie Smith, Clerks prepare to handle spike in absentee voters in

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18 Exhibit 18 - Declaration of Andy Didorosi

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Jan. 28, 2020 PACER
23

MOTION to Expedite by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Attachments: # 1 Exhibit Brief in Support of Motion to Expedite) (Elias, Marc) (Entered: 01/28/2020)

1 Exhibit Brief in Support of Motion to Expedite

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Jan. 28, 2020 PACER
24

RESPONSE to 23 MOTION to Expedite filed by Dana Nessel. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Letter from Perkins Coie to Attorney General Nessel, # 3 Exhibit B. Letter from Perkins Coie to Prosecutor Gary Rapp, # 4 Exhibit C. Emails between Sarah Prescott and Erik Grill) (Meingast, Heather) (Entered: 01/30/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit A. Letter from Perkins Coie to Attorney General Nessel

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3 Exhibit B. Letter from Perkins Coie to Prosecutor Gary Rapp

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4 Exhibit C. Emails between Sarah Prescott and Erik Grill

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Jan. 30, 2020 PACER

Text-Only Reassignment Pursuant to Administrative Order

Jan. 31, 2020 PACER

Text-Only Order of reassignment from District Judge Mark A. Goldsmith to District Judge Stephanie Dawkins Davis pursuant to Administrative Order 20-AO-010. (SSch)

Jan. 31, 2020 PACER
25

REPLY to Response re 23 MOTION to Expedite filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 01/31/2020)

Jan. 31, 2020 PACER
26

RESPONSE to 20 MOTION to Consolidate Cases filed by Dana Nessel. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Email exchange between Erik Grill and Sarah Prescott) (Meingast, Heather) (Entered: 02/07/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit A. Email exchange between Erik Grill and Sarah Prescott

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Feb. 7, 2020 PACER
27

MOTION to Dismiss by Dana Nessel. (Meingast, Heather) (Entered: 02/10/2020)

Feb. 10, 2020 RECAP
28

Ex Parte MOTION for Leave to File Excess Pages for Brief in Support of Motion to Dismiss by Dana Nessel. (Meingast, Heather) (Entered: 02/10/2020)

Feb. 10, 2020 PACER

~Util - Terminate Motions

Feb. 11, 2020 PACER

Text-Only Order

Feb. 11, 2020 PACER

TEXT-ONLY ORDER GRANTING 21 Ex Parte MOTION for Leave to File Excess Pages filed by Rise, Inc., Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA. Signed by District Judge Stephanie Dawkins Davis. (THal)

Feb. 11, 2020 PACER
29

ORDER denying 10 Motion to Dismiss; denying 23 Motion to Expedite and setting briefing schedule on 27 Motion to Dismiss: Response due by 2/24/2020 and reply due by 2/28/2020. Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 02/11/2020)

Feb. 11, 2020 RECAP

Set/Reset Deadlines as to 27 MOTION to Dismiss . Response due by 2/24/2020; Reply due by 2/28/2020. (THal)

Feb. 11, 2020 PACER

Text-Only Order

Feb. 14, 2020 PACER

TEXT-ONLY ORDER Denying as Moot 20 MOTION to Consolidate Cases filed by Rise, Inc., Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA. Signed by District Judge Stephanie Dawkins Davis. (THal)

Feb. 14, 2020 PACER
30

RESPONSE to 22 MOTION for Preliminary Injunction filed by Dana Nessel. (Meingast, Heather) (Entered: 02/18/2020)

Feb. 18, 2020 PACER
31

MOTION for Leave to File Excess Pages for Response in Opposition to Plaintiffs' Motion for Preliminary Injunction by Dana Nessel. (Meingast, Heather) (Entered: 02/18/2020)

Feb. 18, 2020 PACER

Text-Only Order

Feb. 19, 2020 PACER

TEXT-ONLY ORDER Granting 28 Ex Parte MOTION for Leave to File Excess Pages for Brief in Support of Motion to Dismiss filed by Dana Nessel. Signed by District Judge Stephanie Dawkins Davis. (THal)

Feb. 19, 2020 PACER
32

NOTICE of Appearance by Kurtis T. Wilder on behalf of Republican National Committee, Michigan Republican Party. (Wilder, Kurtis) (Entered: 02/19/2020)

Feb. 19, 2020 PACER
33

MOTION to Intervene by Michigan Republican Party, Republican National Committee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Wilder, Kurtis) (Entered: 02/19/2020)

1 Exhibit 1

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2 Exhibit 2

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Feb. 19, 2020 RECAP
34

NOTICE of Appearance by Steven R. Eatherly on behalf of Michigan Republican Party, Republican National Committee. (Eatherly, Steven) (Entered: 02/20/2020)

Feb. 20, 2020 RECAP
35

[STRICKEN] ANSWER to Amended Complaint with Affirmative Defenses by Michigan Republican Party, Republican National Committee. (Eatherly, Steven) Modified on 6/4/2020 (THal). (Entered: 02/20/2020)

Feb. 20, 2020 RECAP
36

[STRICKEN] RESPONSE to 27 MOTION to Dismiss filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Attachments: # 1 Exhibit 1-Declaration of Max Lubin) (Elias, Marc) Modified on 2/26/2020 (THal). (Entered: 02/24/2020)

Feb. 24, 2020 PACER
37

Ex Parte MOTION for Leave to File Excess Pages by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 02/24/2020)

Feb. 24, 2020 PACER

Text-Only Order

Feb. 26, 2020 PACER

TEXT-ONLY ORDER GRANTING 31 MOTION for Leave to File Excess Pages for Response in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Dana Nessel. Signed by District Judge Stephanie Dawkins Davis. (THal)

Feb. 26, 2020 PACER
38

ORDER granting in part 37 Motion for Leave to File Excess Pages and striking 36 Response. Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 02/26/2020)

Feb. 26, 2020 PACER
39

MOTION to Intervene by Michigan Senate, Michigan House of Representatives. (Attachments: # 1 Exhibit 1) (Seyferth, Patrick) (Entered: 02/27/2020)

1 Exhibit 1

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Feb. 27, 2020 PACER
40

RESPONSE to 27 MOTION to Dismiss filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 03/02/2020)

March 2, 2020 PACER
41

REPLY to Response re 22 MOTION for Preliminary Injunction filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 03/03/2020)

March 3, 2020 PACER
42

RESPONSE to 39 MOTION to Intervene filed by Dana Nessel. (Meingast, Heather) (Entered: 03/04/2020)

March 4, 2020 PACER
43

RESPONSE to 33 MOTION to Intervene filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 03/04/2020)

March 4, 2020 PACER
44

REPLY to Response re 27 MOTION to Dismiss filed by Dana Nessel. (Meingast, Heather) (Entered: 03/09/2020)

March 9, 2020 PACER

~Util - Terminate Motions

March 9, 2020 PACER

Text-Only Order

March 9, 2020 PACER
45

Ex Parte MOTION for Leave to File Excess Pages for Reply Brief by Dana Nessel. (Meingast, Heather) (Entered: 03/09/2020)

March 9, 2020 PACER

TEXT-ONLY ORDER GRANTING 45 Ex Parte MOTION for Leave to File Excess Pages for Reply Brief filed by Dana Nessel. Signed by District Judge Stephanie Dawkins Davis. (THal)

March 9, 2020 PACER
46

REPLY to Response re 33 MOTION to Intervene filed by Michigan Republican Party. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Certificate of Service) (Wilder, Kurtis) (Entered: 03/11/2020)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Certificate of Service

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March 11, 2020 PACER
47

NOTICE of Appearance by Christopher J. Bryant on behalf of Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Bryant, Christopher) (Entered: 03/12/2020)

March 12, 2020 PACER
48

RESPONSE to 39 MOTION to Intervene filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 03/12/2020)

March 12, 2020 PACER
49

REPLY to Response re 39 MOTION to Intervene Reply in Support of The Michigan Senate and Michigan House of Representatives' Motion to Intervene filed by Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 03/19/2020)

March 19, 2020 PACER
50

NOTICE by Michigan House of Representatives, Michigan Senate re 39 MOTION to Intervene Notice of Supplemental Authority (Attachments: # 1 Exhibit 1) (Seyferth, Patrick) (Entered: 03/27/2020)

1 Exhibit 1

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March 27, 2020 PACER
51

NOTICE by Michigan House of Representatives, Michigan Senate re 39 MOTION to Intervene Notice of Supplemental Authority (Attachments: # 1 Exhibit 1) (Seyferth, Patrick) (Entered: 03/28/2020)

1 Exhibit 1

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March 28, 2020 PACER
52

NOTICE by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc. re 51 Notice (Other), 50 Notice (Other) of Response to Notice of Supplemental Authority (Elias, Marc) (Entered: 03/30/2020)

March 30, 2020 PACER
53

NOTICE of Appearance by Courtney Elgart on behalf of Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elgart, Courtney) (Entered: 03/31/2020)

March 31, 2020 PACER
54

NOTICE by Michigan House of Representatives, Michigan Senate re 39 MOTION to Intervene Notice of Supplemental Authority (Attachments: # 1 Exhibit 1) (Seyferth, Patrick) (Entered: 03/31/2020)

1 Exhibit 1

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March 31, 2020 PACER
55

NOTICE OF HEARING on 33 MOTION to Intervene, 39 MOTION to Intervene, 27 MOTION to Dismiss . Motion Hearing set for 5/8/2020 11:00 AM before District Judge Stephanie Dawkins Davis in Flint. (THal) (Entered: 04/18/2020)

April 18, 2020 PACER
56

NOTICE Concerning Zoom Virtual Court/Chambers Proceedings as to 39 MOTION to Intervene, 33 MOTION to Intervene, 27 MOTION to Dismiss. (THal) (Entered: 05/06/2020)

May 6, 2020 PACER
57

NOTICE of Appearance by Michael K. Steinberger on behalf of Michigan House of Representatives, Michigan Senate. (Steinberger, Michael) (Entered: 05/07/2020)

May 7, 2020 PACER
58

ATTORNEY APPEARANCE: Amanda Beane appearing on behalf of Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc. Appearance of Amanda Beane (Beane, Amanda) (Entered: 05/07/2020)

May 7, 2020 PACER

Minute Entry for proceedings before District Judge Stephanie Dawkins Davis: Motion Hearing held via Zoom on 5/8/2020 re 39 MOTION to Intervene filed by Michigan Senate, Michigan House of Representatives, 33 MOTION to Intervene filed by Michigan Republican Party, Republican National Committee, 27 MOTION to Dismiss filed by Dana Nessel. Disposition: Motions taken under advisement (Court Reporter: Rob Smith) (THal)

May 8, 2020 PACER
59

ORDER granting in part and denying in part 27 Motion to Dismiss. Signed by District Judge Stephanie Dawkins Davis. (Brown, A.) (Entered: 05/22/2020)

May 22, 2020 RECAP
60

ORDER granting 33 Motion to Intervene; granting 39 Motion to Intervene. Signed by District Judge Stephanie Dawkins Davis. (Brown, A.) (Entered: 05/22/2020)

May 22, 2020 RECAP
61

ANSWER to Amended Complaint with Affirmative Defenses by Michigan Republican Party, Republican National Committee. (Wilder, Kurtis) (Entered: 06/01/2020)

June 1, 2020 RECAP
62

ANSWER to Amended Complaint with Affirmative Defenses by Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 06/01/2020)

June 1, 2020 PACER
63

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Republican National Committee (Wilder, Kurtis) (Entered: 06/02/2020)

June 2, 2020 PACER
64

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Michigan Republican Party (Wilder, Kurtis) (Entered: 06/02/2020)

June 2, 2020 PACER
65

ANSWER to Amended Complaint with Affirmative Defenses by Dana Nessel. (Meingast, Heather) (Entered: 06/03/2020)

June 3, 2020 PACER
66

TRANSCRIPT of Motion Hearings held on 05/08/2020. (Court Reporter: Robert L. Smith) (Number of Pages: 64) 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 6/25/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/2/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter Robert L Smith (ph. 313-234-2612) before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Smith, R.) (Entered: 06/04/2020)

June 4, 2020 PACER
67

Ex Parte MOTION for Leave to File Excess Pages for Response to Plaintiffs' Motion for a Preliminary and Permanent Injunction by Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 06/05/2020)

June 5, 2020 PACER
68

RESPONSE to 22 MOTION for Preliminary Injunction filed by Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 06/05/2020)

June 5, 2020 PACER
69

Ex Parte MOTION for Leave to File Excess Pages by Michigan Republican Party, Republican National Committee. (Wilder, Kurtis) (Entered: 06/05/2020)

June 5, 2020 PACER
70

RESPONSE to 22 MOTION for Preliminary Injunction filed by Michigan Republican Party, Republican National Committee. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7) (Wilder, Kurtis) (Entered: 06/05/2020)

1 Index of Exhibits

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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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June 5, 2020 PACER

TEXT-ONLY ORDER GRANTING 69 Ex Parte MOTION for Leave to File Excess Pages filed by Michigan Republican Party, Republican National Committee and GRANTING 67 Ex Parte MOTION for Leave to File Excess Pages for Response to Plaintiffs' Motion for a Preliminary and Permanent Injunction filed by Michigan Senate, Michigan House of Representatives. Signed by District Judge Stephanie Dawkins Davis. (THal)

June 8, 2020 PACER

Text-Only Order

June 8, 2020 PACER
71

Ex Parte MOTION for Leave to File Excess Pages (unopposed) by All Plaintiffs. (Prescott, Sarah) (Entered: 06/12/2020)

June 12, 2020 PACER
72

REPLY to Response re 22 MOTION for Preliminary Injunction filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Declaration of Courtney Elgart, # 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) (Elias, Marc) (Entered: 06/12/2020)

1 Index of Exhibits

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2 Exhibit Declaration of Courtney Elgart

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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 12, 2020 PACER

TEXT-ONLY ORDER granting 71 Ex Parte MOTION for Leave to File Excess Pages (unopposed) filed by Rise, Inc., Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA. Signed by District Judge Stephanie Dawkins Davis. (THal)

June 17, 2020 PACER

Text-Only Order

June 17, 2020 PACER
73

NOTICE by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc. re 22 MOTION for Preliminary Injunction Notice of Supplemental Authority (Attachments: # 1 Exhibit Deon v. Barasch) (Elias, Marc) (Entered: 06/26/2020)

1 Exhibit Deon v. Barasch

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June 26, 2020 RECAP
74

NOTICE OF HEARING BY VIDEO CONFERENCE on 22 MOTION for Preliminary Injunction . Motion Hearing set for 7/14/2020 11:00 AM before District Judge Stephanie Dawkins Davis |Zoom Webinar Information: https://zoom.us/j/92538684766?pwd=ZXZxczRGdTU2and1ZDlsV1JUSWZzdz09 Password: 229158 Or iPhone one-tap : US: +16027530140,,92538684766#,,,,0#,,229158# or +12133388477,,92538684766#,,,,0#,,229158#| (THal) (Entered: 06/26/2020)

June 26, 2020 RECAP
75

NOTICE by Michigan Republican Party, Republican National Committee re 70 Response to Motion, for Preliminary and Permanent Injunction (Wilder, Kurtis) (Entered: 07/14/2020)

July 14, 2020 RECAP

Minute Entry for proceedings before District Judge Stephanie Dawkins Davis: Motion Hearing held via Zoom Webinar on 7/14/2020 re 22 MOTION for Preliminary Injunction filed by Rise, Inc., Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA. Disposition: Motion taken under advisement (Court Reporter: Rob Smith) (THal)

July 14, 2020 PACER
76

NOTICE by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc. of Supplemental Authority (Attachments: # 1 Exhibit Supplemental Authority) (Elias, Marc) (Entered: 07/30/2020)

1 Exhibit Supplemental Authority

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July 30, 2020 PACER
77

NOTICE by Michigan Republican Party, Republican National Committee re 22 MOTION for Preliminary Injunction (Attachments: # 1 Index of Exhibits, # 2 Exhibit A) (Wilder, Kurtis) (Entered: 08/05/2020)

1 Index of Exhibits

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2 Exhibit A

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Aug. 5, 2020 PACER

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Nov. 12, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three organizations: 1) Priorities USA; 2) Rise, Inc.; 3) Detroit/Downriver A. Philip Randolph Institute

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Attorney General Dana Nessel, 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

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

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Voting

Voting access

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mobility impairment

Visual impairment

Voting:

Election administration