Case: League of Women Voters of Minnesota Education Fund v. Simon

0:20-cv-01205 | U.S. District Court for the District of Minnesota

Filed Date: May 19, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This lawsuit was brought on May 19 by the League of Women Voters of Minnesota Education Fund and an individual voter to challenge Minnesota’s absentee voting laws requiring the physical presence of a witness. The plaintiffs sought injunctive and declaratory relief requiring the defendant to waive the witness requirement for the August 2020 primaries and the November 2020 general elections. Two of the plaintiffs' three claims were dismissed on March 29, 2021. On May 19, 2020, t…

COVID-19 Summary: This lawsuit was brought on May 19 by the League of Women Voters of Minnesota Education Fund and an individual voter to challenge Minnesota’s absentee voting laws requiring the physical presence of a witness. The plaintiffs sought injunctive and declaratory relief requiring the defendant to waive the witness requirement for the August 2020 primaries and the November 2020 general elections. Two of the plaintiffs' three claims were dismissed on March 29, 2021.


On May 19, 2020, the League of Women Voters of Minnesota Education Fund and a registered voter filed a complaint against the Secretary of State of Minnesota to challenge Minnesota’s absentee voting laws. The plaintiffs alleged that Minnesota’s witness requirement and restrictive witness qualifications posed an undue burden on the right to vote in violation of the First and Fourteenth Amendments. The plaintiffs also alleged that requiring a witness to be a registered voter with U.S. citizenship discriminated between U.S. citizens and non-U.S. citizens by posing burdens to individuals living in mixed immigration status households. The plaintiffs brought the lawsuit as an injunctive and declaratory action under 42 U.S.C. §§ 1983 and 28 U.S.C. §§ 2201-02. Specifically, the plaintiffs sought declaratory and injunctive relief requiring the defendant to waive the witness requirement for the August 2020 primaries and the November 2020 general elections. The plaintiffs also sought a preliminary and permanent injunction prohibiting the defendant from passing any statute or regulations that would directly or indirectly require any voter to obtain a witness signature in 2020. Additionally, the plaintiffs requested an order for the defendant to temporarily modify election materials to avoid instructing any voter to interact with a witness for the purpose of casting an absentee ballot. The plaintiffs also sought attorney fees. The lawsuit was filed in the U.S. District Court for the District of Minnesota, and the plaintiffs were represented by the Campaign Legal Center and private attorneys. The case was assigned to Judge Eric C. Tostrud and referred to Magistrate Judge Tony N. Leung.

Under Minnesota voting laws, an absentee ballot requires the physical presence of a witness who is either a registered Minnesota voter, a notary, or an individual authorized to administer oaths. The plaintiffs argued that the challenged provisions were contrary to social distancing guidelines, as it would require the voter to interact closely with individuals who do not live in their households. Specifically, the plaintiffs contended that it would be difficult for the voter and witness to maintain six feet distance throughout the voting process and because they would be required to touch the same Signature Envelope.

On May 29, the plaintiffs also submitted a motion for preliminary injunction. The defendants submitted an answer on June 9, which alleged that the plaintiffs failed to state a claim.

On June 16, the parties proposed partial consent judgment and decree enjoining the defendant from enforcing the witness requirement for the August primaries, and to inform the public and modify instructions accordingly. The same day, the court ordered a fairness hearing to be held on the proposal.

On June 18, the Republican Party of Minnesota filed an emergency motion to continue the hearing, as they wished to intervene. The motion was granted the same day, and on June 20, the Republican Party of Minnesota filed a motion to intervene as defendants. The motion was granted on June 23.

On November 9, 2020, the court denied the plaintiffs' May 29 motion for a preliminary injunction as moot. On December 30, the plaintiffs filed an amended complaint, which added the intervening defendants and broadened the scope of the original complaint from elections in 2020 to all elections held during the pandemic. The intervening defendants moved to dismiss for lack of subject matter jurisdiction and for failure to state a claim on January 13, 2021. The defendants stated that plaintiffs' challenge to the enforcement of Minnesota's witness requirements was not justiciable and that the court therefore lacked subject matter jurisdiction over the claim. The defendants also sought a dismissal of the plaintiffs' undue burden challenge to all witness requirements, based on Eighth Circuit precedent. Lastly, the defendants challenged the plaintiffs' equal protection and citizenship status claims regarding witness requirements on both jurisdictional and merits grounds.

On March 29, 2021, Judge Tostrud granted the defendants' motion to dismiss in part and denied in part. The court found that it did have subject matter jurisdiction over the plaintiffs' first claim regarding witness requirements during COVID-19 because they alleged a substantial risk of future injury. On the plaintiffs' second count that the limits on who may witness an absentee ballot impose an undue burden on the right to vote and violate the First and Fourteenth Amendments, the court found that the plaintiffs failed to state a claim for which relief can be granted and dismissed this count entirely. The court found that Eighth Circuit precedent required a dismissal of this count because the plaintiffs only showed that the election procedures excessively burdened some voters, rather than Minnesota voters generally. On the plaintiffs' equal protection claim, the court found that it lacked subject matter jurisdiction over the claim because the plaintiffs failed to establish third-party standing over the claim.

The case is ongoing.

Summary Authors

Averyn Lee (7/17/2020)

Nicholas Gillan (4/9/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17181033/parties/league-of-women-voters-of-minnesota-education-fund-v-simon/


Judge(s)

Leung, Tony N. (Minnesota)

Tostrud, Eric Christian None (Minnesota)

Attorneys(s) for Plaintiff

Diaz, Jonathan (District of Columbia)

Erickson, Amy Elizabeth (Minnesota)

Gaber, Mark P. (District of Columbia)

Jackson, Caleb (District of Columbia)

Klein, Julia Dayton (Minnesota)

Lang, Danielle (District of Columbia)

Lang [inactive], Danielle Marie (District of Columbia)

Zalesin, Jeffrey (District of Columbia)

Judge(s)

Leung, Tony N. (Minnesota)

Tostrud, Eric Christian None (Minnesota)

Attorneys(s) for Plaintiff

Diaz, Jonathan (District of Columbia)

Erickson, Amy Elizabeth (Minnesota)

Gaber, Mark P. (District of Columbia)

Jackson, Caleb (District of Columbia)

Klein, Julia Dayton (Minnesota)

Lang, Danielle (District of Columbia)

Lang [inactive], Danielle Marie (District of Columbia)

Zalesin, Jeffrey (District of Columbia)

Attorneys(s) for Defendant

Marisam, Jason (Minnesota)

Miltich, Cicely (Minnesota)

Taylor, Hilary S. (Ohio)

Other Attorney(s)

Crosland, E. S. (District of Columbia)

Ellison, Benjamin L (Minnesota)

Gore, John M. (District of Columbia)

Harris, Jeffrey M. (Virginia)

McCarthy, Thomas R. (Virginia)

Morgan, Richard G. (Minnesota)

Norris, Cameron T. (Virginia)

Strawbridge, Patrick (Massachusetts)

Expert/Monitor/Master

Reginald, Arthur (California)

Reingold, Arthur (California)

Tanniehill, Vivian (Minnesota)

Witte, Michelle (Minnesota)

Documents in the Clearinghouse

Document

Docket [PACER]

March 29, 2021 Docket
1 (incl. 1-1 to 1-7)

Complaint for Declaratory and Injunctive Relief

May 19, 2020 Complaint
1

Complaint for Declaratory and Injunctive Relief

May 19, 2020 Complaint
13

Plaintiffs' Motion for Preliminary Injunction

May 29, 2020 Pleading / Motion / Brief
15 (incl. 15-1 to 15-14)

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

May 29, 2020 Pleading / Motion / Brief
13, 15 (incl. 15-1 to 15-26)

Plaintiffs' Motion for Preliminary Injunction

May 29, 2020 Pleading / Motion / Brief
22

Defendant's Answer to Plaintiffs' Complaint for Declaratory and Injunctive Relief

League of Women Voters of MN Education Fund v. Simon

June 9, 2020 Pleading / Motion / Brief
26

Order

June 16, 2020 Order/Opinion
24

Stipulation and Partial Consent Judgment and Decree

June 16, 2020 Settlement Agreement
24

Stipulation and Partial Consent Judgment and Decree

June 16, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

League of Women Voters of Minnesota v. Simon

Campaign Legal Center

CLC is suing to suspend enforcement of Minnesota’s law requiring a third-party witness signature for voting by mail. This law threatens Minnesotans’ right to vote safely during the COVID-19 pandemic … May 19, 2020 https://campaignlegal.org/cases-actions/league-women-voters-minnesota-v-simon

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17181033/league-of-women-voters-of-minnesota-education-fund-v-simon/

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

ECF Number Description Date Link
1

COMPLAINT against Steve Simon (filing fee $400, receipt number AMNDC-7733904) filed by League of Women Voters of Minnesota Education Fund, Vivian Latimer Tanniehill. Filer requests summons issued. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Civil Cover Sheet) (Klein, Julia) Modified text on 5/19/2020 (lmb). (Entered: 05/19/2020)

1 Exhibit(s) 1

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2 Exhibit(s) 2

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3 Exhibit(s) 3

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4 Exhibit(s) 4

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5 Exhibit(s) 5

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6 Exhibit(s) 6

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7 Civil Cover Sheet

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May 19, 2020 PACER
2

NOTICE of Appearance by Amy Elizabeth Erickson on behalf of All Plaintiffs. (Erickson, Amy) (Entered: 05/19/2020)

May 19, 2020 PACER
3

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge Tony N. Leung. Please use case number 20-cv-1205 (ECT/TNL). (lmb) (Entered: 05/19/2020)

May 19, 2020 PACER
4

Summons Issued as to Steve Simon. (lmb) (Entered: 05/19/2020)

May 19, 2020 PACER
5

(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Danielle Lang; Jonathan Diaz; Caleb Jackson; Jeffrey Zalesin as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at www.mnd.uscourts.gov/forms/all-forms. (lmb) (Entered: 05/19/2020)

May 19, 2020 PACER
6

RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiffs Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Klein, Julia) (Entered: 05/19/2020)

May 19, 2020 PACER
7

MOTION for Admission Pro Hac Vice for Attorney Danielle Lang. Filing fee $ 100, receipt number AMNDC-7734896 filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Klein, Julia) (Entered: 05/19/2020)

May 19, 2020 PACER
8

MOTION for Admission Pro Hac Vice for Attorney Jonathan Diaz. Filing fee $ 100, receipt number AMNDC-7734921 filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Klein, Julia) (Entered: 05/19/2020)

May 19, 2020 PACER
9

NOTICE of Appearance by Jason Marisam on behalf of Steve Simon. (Marisam, Jason) (Entered: 05/20/2020)

May 20, 2020 PACER

Order on Motion for Admission Pro Hac Vice

May 20, 2020 PACER
10

SUMMONS Returned Executed by League of Women Voters of Minnesota Education Fund, Vivian Latimer Tanniehill. Steve Simon served on 5/19/2020, answer due 6/9/2020. (Klein, Julia) (Entered: 05/20/2020)

May 20, 2020 PACER
11

TEXT ONLY ENTRY: ORDER granting 7 Motion for Admission Pro Hac Vice of Attorney Danielle Marie Lang for Vivian Latimer Tanniehill and for League of Women Voters of Minnesota Education Fund; granting 8 Motion for Admission Pro Hac Vice of Attorney Jonathan Diaz for Vivian Latimer Tanniehill and for League of Women Voters of Minnesota Education Fund. Approved by Magistrate Judge Tony N. Leung on 5/20/2020. (NAH) (Entered: 05/20/2020)

May 20, 2020 PACER

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

May 20, 2020 PACER
12

MOTION for Admission Pro Hac Vice for Attorney Mark Gaber. Filing fee $ 100, receipt number AMNDC-7757840 filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Klein, Julia) (Entered: 05/28/2020)

May 28, 2020 PACER
13

MOTION for Preliminary Injunction - Expedited Handling Requested filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Klein, Julia) (Entered: 05/29/2020)

May 29, 2020 PACER
14

NOTICE OF HEARING ON MOTION 13 MOTION for Preliminary Injunction - Expedited Handling Requested : Motion Hearing set for 6/10/2020 at 09:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud. (Klein, Julia) (Entered: 05/29/2020)

May 29, 2020 PACER
15

MEMORANDUM in Support re 13 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate, # 2 Exhibit(s) Index, # 3 Exhibit(s) 1, # 4 Exhibit(s) 2, # 5 Exhibit(s) 3, # 6 Exhibit(s) 4, # 7 Exhibit(s) 5, # 8 Exhibit(s) 6, # 9 Exhibit(s) 7, # 10 Exhibit(s) 8, # 11 Exhibit(s) 9, # 12 Exhibit(s) 10, # 13 Exhibit(s) 11, # 14 Exhibit(s) 12, # 15 Exhibit(s) 13, # 16 Exhibit(s) 14, # 17 Exhibit(s) 15, # 18 Exhibit(s) 16, # 19 Exhibit(s) 17, # 20 Exhibit(s) 18, # 21 Exhibit(s) 19, # 22 Exhibit(s) 20, # 23 Exhibit(s) 21, # 24 Exhibit(s) 22, # 25 Exhibit(s) 23, # 26 Exhibit(s) 24)(Klein, Julia) (Entered: 05/29/2020)

May 29, 2020 PACER
16

MEET and CONFER STATEMENT re 13 Motion for Preliminary Injunction filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund.(Klein, Julia) (Entered: 05/29/2020)

May 29, 2020 PACER
17

PROPOSED ORDER TO JUDGE re 13 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund.(Klein, Julia) (Entered: 05/29/2020)

May 29, 2020 PACER
18

BRIEFING ORDER re: 13 Motion for Preliminary Injunction. Responses due by 6/5/2020. Replies due by 6/8/2020. Motion Hearing set for 6/10/2020 at 9:00 AM by Video Conference (no courtroom) before Judge Eric C. Tostrud. Signed by Judge Eric C. Tostrud on 5/29/2020.(RMM) (Entered: 05/29/2020)

May 29, 2020 PACER
19

TEXT ONLY ENTRY: ORDER granting 12 Motion for Admission Pro Hac Vice of Attorney Mark Gaber for Vivian Latimer Tanniehill and for League of Women Voters of Minnesota Education Fund. Approved by Magistrate Judge Tony N. Leung on 6/2/2020. (NAH) (Entered: 06/02/2020)

June 2, 2020 PACER

Order on Motion for Admission Pro Hac Vice

June 2, 2020 PACER
20

LETTER TO DISTRICT JUDGE by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund . (Klein, Julia) (Entered: 06/04/2020)

June 4, 2020 PACER
21

AMENDED BRIEFING ORDER re: 13 Motion for Preliminary Injunction. See order for dates and details. Signed by Judge Eric C. Tostrud on 6/5/2020.(RMM) (Entered: 06/05/2020)

June 5, 2020 PACER
22

ANSWER to Complaint filed by Steve Simon. (Marisam, Jason) (Entered: 06/09/2020)

June 9, 2020 PACER
23

NOTICE OF AND ORDER FOR PRETRIAL SCHEDULING CONFERENCE: Pretrial Conference set for 8/4/2020 at 10:00 AM in Judge's Chambers 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 6/9/2020. (Attachments: # 1 Consent Form)(HAM) (Entered: 06/09/2020)

June 9, 2020 PACER
24

PROPOSED CONSENT DECREE TO JUDGE. (Klein, Julia) (Entered: 06/16/2020)

June 16, 2020 RECAP
25

NOTICE of Appearance by Hillary A. Taylor on behalf of Steve Simon. (Taylor, Hillary) (Entered: 06/16/2020)

June 16, 2020 PACER
26

ORDER on 24 Proposed Consent Decree to Judge. A fairness hearing regarding the stipulation and proposed partial consent judgment and decree will be held on 6/18/2020 at 11:00 AM by Video Conference before Judge Eric C. Tostrud. Instructions for joining the Video Conference will be sent to counsel separately. Signed by Judge Eric C. Tostrud on 6/16/2020.(RMM) (Entered: 06/16/2020)

June 16, 2020 RECAP
27

(Text-Only) NOTICE: Remote Public Access to available. A hearing on the stipulation and proposed partial consent judgment and decree is scheduled to be held by Video Conferencing on 6/18/2020 at 11:00 AM.If any member of the public would like to attend the hearing, please contact Rachael Morton at 651-848-1190 to obtain dial-in instructions. (RMM) (Entered: 06/16/2020)

June 16, 2020 PACER
28

LETTER TO DISTRICT JUDGE by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund . (Attachments: # 1 Exhibit(s) Order)(Klein, Julia) (Entered: 06/17/2020)

1 Exhibit(s) Order

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June 17, 2020 RECAP
29

Emergency MOTION for Continuance re to Continue Hearing filed by Republican Party of Minnesota. (Morgan, Richard) (Entered: 06/18/2020)

June 18, 2020 RECAP
30

MEMORANDUM in Support re 29 Emergency MOTION for Continuance re to Continue Hearing filed by Republican Party of Minnesota. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Morgan, Richard) (Entered: 06/18/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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June 18, 2020 RECAP
31

MEET and CONFER STATEMENT re 29 Motion for Continuance filed by Republican Party of Minnesota.(Morgan, Richard) (Entered: 06/18/2020)

June 18, 2020 RECAP
32

PROPOSED ORDER TO JUDGE re 29 Emergency MOTION for Continuance re to Continue Hearing filed by Republican Party of Minnesota.(Morgan, Richard) (Entered: 06/18/2020)

June 18, 2020 PACER
33

ORDER granting 29 Emergency Motion to Continue Hearing. The Fairness Hearing regarding the stipulation and proposed partial consent judgment and decree is rescheduled for 6/23/2020 at 11:00 AM by Video Conference (no courtroom) before Judge Eric C. Tostrud. See Order for additional deadlines. Signed by Judge Eric C. Tostrud on 6/18/2020. (RMM) (Entered: 06/18/2020)

June 18, 2020 RECAP
34

MOTION for Admission Pro Hac Vice for Attorney Cameron T. Norris. Filing fee $ 100, receipt number CMNDC-7811597 filed by Republican Party of Minnesota. (Morgan, Richard) (Entered: 06/18/2020)

June 18, 2020 PACER
35

TEXT ONLY ENTRY: ORDER granting 34 Motion for Admission Pro Hac Vice of Attorney Cameron Thomas Norris for Republican Party of Minnesota. Approved by Magistrate Judge Tony N. Leung on 6/19/2020. (NAH) (Entered: 06/19/2020)

June 19, 2020 PACER
36

MOTION for Admission Pro Hac Vice for Attorney Thomas R. McCarthy. Filing fee $ 100, receipt number AMNDC-7815199 filed by Republican Party of Minnesota. (Morgan, Richard) (Entered: 06/19/2020)

June 19, 2020 PACER

Order on Motion for Admission Pro Hac Vice

June 19, 2020 PACER
37

MOTION to Intervene filed by Republican Party of Minnesota, Republican National Committee, The, Donald J. Trump for President, Inc.. (Attachments: # 1 Proposed Answer)(Norris, Cameron) (Entered: 06/20/2020)

1 Proposed Answer

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June 20, 2020 PACER
38

MEMORANDUM in Support re 37 MOTION to Intervene filed by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Norris, Cameron) (Entered: 06/20/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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June 20, 2020 RECAP
39

MEET and CONFER STATEMENT re 37 Motion to Intervene filed by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 06/20/2020)

June 20, 2020 PACER
40

PROPOSED ORDER TO JUDGE re 37 MOTION to Intervene filed by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 06/20/2020)

June 20, 2020 PACER
41

BRIEF re 24 Proposed Consent Decree to Judge . (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Norris, Cameron) (Entered: 06/20/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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June 20, 2020 RECAP
42

(Text-Only) NOTICE: Remote Public Access to available. A hearing on the stipulation and proposed partial consent judgment and decree is scheduled to be held by Video Conferencing on 6/23/2020 at 11:00 AM. If any member of the public would like to attend the hearing, please contact Rachael Morton at 651-848-1190 to obtain dial-in instructions. (RMM) (Entered: 06/22/2020)

June 22, 2020 PACER
43

TEXT ONLY ENTRY: ORDER granting 36 Motion for Admission Pro Hac Vice of Attorney Thomas R McCarthy for Donald J. Trump for President, Inc., The Republican National Committee, and for Republican Party of Minnesota. Approved by Magistrate Judge Tony N. Leung on 6/22/2020. (JGK) (Entered: 06/22/2020)

June 22, 2020 PACER
44

LETTER TO DISTRICT JUDGE by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund . (Klein, Julia) (Entered: 06/22/2020)

June 22, 2020 RECAP
45

MEMORANDUM in Opposition re 37 MOTION to Intervene filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Taylor, Hillary) (Entered: 06/22/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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June 22, 2020 RECAP
46

MEMORANDUM re 41 Brief filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Taylor, Hillary) (Entered: 06/22/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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June 22, 2020 RECAP
47

DECLARATION of Hillary Taylor re 46 Memorandum by Steve Simon . (Attachments: # 1 Exhibit(s) 1-9)(Taylor, Hillary) (Entered: 06/22/2020)

1 Exhibit(s) 1-9

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June 22, 2020 RECAP
48

MEMORANDUM re 24 Proposed Consent Decree to Judge filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Attachments: # 1 Exhibit(s) 1, # 2 LR7.1/LR72.2 Word Count Compliance Certificate)(Klein, Julia) (Entered: 06/22/2020)

1 Exhibit(s) 1

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2 LR7.1/LR72.2 Word Count Compliance Certificate

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June 22, 2020 RECAP
49

MEMORANDUM in Opposition re 37 MOTION to Intervene filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Klein, Julia) (Entered: 06/22/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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June 22, 2020 RECAP
50

NOTICE by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota re 41 Brief of Supplemental Authority (Norris, Cameron) (Entered: 06/22/2020)

June 22, 2020 RECAP
51

RESPONSE re 44 Letter to District Judge filed by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 06/22/2020)

June 22, 2020 RECAP

Order on Motion for Admission Pro Hac Vice

June 22, 2020 PACER
52

Minute Entry for proceedings held before Judge Eric C. Tostrud: Hearing held on 6/23/2020 re 24 Proposed Consent Decree and 37 Motion to Intervene. The Motion to Intervene filed by the Republican Party of Minnesota, the Republican National Committee, and Donald J. Trump for President, Inc. 37 is GRANTED for the reasons stated on the record during the hearing. Intervenors are permitted to intervene as defendants and shall file their Proposed Answer [37-1] without delay. The Proposed Consent Decree 24 is not accepted for the reasons stated on the record during the hearing. (Court Reporter Tim Willette) (RMM) (Entered: 06/23/2020)

June 23, 2020 RECAP
53

TRANSCRIPT REQUEST for an Expedited Hourly Transcript (within 2 hours) of 52 Order on Motion to Intervene,,, Motion Hearing,, to Court Reporter Tim Willette. (Norris, Cameron) (Entered: 06/23/2020)

June 23, 2020 PACER
54

PARTIAL TRANSCRIPT (Excerpt) from Fairness Hearing on Stipulation and Partial Consent Judgment and Decree [Court's Ruling from the Bench] held on 6/23/2020 before Judge Eric C. Tostrud. (14 pages). Court Reporter: Tim Willette. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Transcript temporarily sealed to determine if redactions are required. Parties have 7 days to file a Notice of Intent to Request Redaction or Notice that No Redaction is Required. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 7/1/2020. Redaction Request due 7/15/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/22/2020. (TJW) (Entered: 06/24/2020)

June 24, 2020 PACER
55

ANSWER to Complaint filed by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota. (Norris, Cameron) (Entered: 06/25/2020)

June 25, 2020 PACER
56

(Text-Only) ORDER/NOTICE TO ATTORNEY. In recognition of the current efforts locally and nationally to protect persons from unnecessary potential exposure to COVID-19, the Pretrial Scheduling Conference in this case will be held by telephone. A call-in number will be provided by the Court. The parties are not required to conduct any applicable meet and confers in person. Ordered by Magistrate Judge Tony N. Leung on 7/10/2020. (HAM) (Entered: 07/10/2020)

July 10, 2020 PACER

Order/Notice to Attorney

July 10, 2020 PACER
57

REPORT of Rule 26(f) Planning Meeting. Filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. Jointly Signed by Steven Simon, Donald J. Trump for President, Inc., Republican National Committee, and Republican Party of Minnesota.(Klein, Julia) (Entered: 07/29/2020)

July 29, 2020 RECAP
58

(Text-Only) AMENDED NOTICE of Hearing: The Pretrial Conference is now set for 8/4/2020 at 11:00 AM, by Telephone Conference, before Magistrate Judge Tony N. Leung. *TIME CHANGE ONLY. (HAM) (Entered: 07/29/2020)

July 29, 2020 PACER
59

Minute Entry for proceedings held before Magistrate Judge Tony N. Leung: Initial Pretrial Conference held on 8/4/2020. Pretrial scheduling order will be issued. (HAM) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
60

PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/1/2020. Fact Discovery due by 4/1/2021. Expert Discovery due by 6/15/2021. Motions (non-disp) due 4/1/2021. Motions (disp) due by 8/15/2021. Ready for trial due by 12/15/2021. Signed by Magistrate Judge Tony N. Leung on 8/4/2020.(HAM) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
61

ORDER FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 3/11/2021. Settlement Conference set for 3/18/2021 at 10:00 AM in Courtroom 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 8/4/2020.(HAM) (Entered: 08/04/2020)

Aug. 4, 2020 RECAP
62

STIPULATION Regarding Discovery Procedure by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. Jointly Signed by Secretary of State of Minnesota, Steve Simon and Intervenors Donald J. Trump for President, Inc. RNC, NRSC, NRCC, Republican Party of Minnesota. (Klein, Julia) (Entered: 08/14/2020)

Aug. 14, 2020 RECAP
63

TEXT-ONLY ORDER on 62 Stipulation. The 62 Stipulation Regarding Discovery Procedure is adopted and shall be enforced by the Court as an agreement between the parties. Ordered by Magistrate Judge Tony N. Leung on 8/20/2020. (EB) (Entered: 08/20/2020)

Aug. 20, 2020 PACER

Order on Stipulation

Aug. 20, 2020 PACER
64

AMENDED ORDER FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 3/10/2021. Settlement Conference set for 3/17/2021 at 10:00 AM in Courtroom 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 10/22/2020. (HAM) (Entered: 10/22/2020)

Oct. 22, 2020 RECAP
65

(Text-Only) ORDER: The motion for a preliminary injunction filed by Plaintiffs League of Women Voters of Minnesota Education Fund and Vivian Latimer Tanniehill 13 is DENIED AS MOOT. Signed by Judge Eric C. Tostrud on 11/9/2020. (RMM) (Entered: 11/09/2020)

Nov. 9, 2020 PACER

Order on Motion for Preliminary Injunction

Nov. 9, 2020 PACER
66

STIPULATION re 60 Scheduling Order, by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. Jointly Signed by Steven Simon, in his official capacity as Secretary of State, Donald J. Trump for President, Inc., Republican National Committee, and Republican Party of Minnesota. (Klein, Julia) (Entered: 11/30/2020)

Nov. 30, 2020 PACER
67

FILED IN ERROR - WILL BE RE-FILED. AMENDED PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/30/2020. Fact Discovery due by 4/1/2021. Expert Discovery due by 6/15/2021. Motions (non-disp) due 4/1/2021. Motions (disp) due by 8/15/2021. Ready for trial due by 12/15/2021. Signed by Magistrate Judge Tony N. Leung on 12/1/2020. (HAM) Modified text on 12/1/2020 (KDS). (Entered: 12/01/2020)

Dec. 1, 2020 PACER
68

ORDER on 66 Stipulation and AMENDED PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/30/2020. Fact Discovery due by 4/1/2021. Expert Discovery due by 6/15/2021. Motions (non-disp) due 4/1/2021. Motions (disp) due by 8/15/2021. Ready for trial due by 12/15/2021. Signed by Magistrate Judge Tony N. Leung on 12/1/2020. (HAM) (Entered: 12/01/2020)

Dec. 1, 2020 RECAP
69

AMENDED COMPLAINT against Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota, Steve Simon. filed by League of Women Voters of Minnesota Education Fund, Vivian Latimer Tanniehill. No summons requested. (Klein, Julia) (Entered: 12/30/2020)

Dec. 30, 2020 RECAP
70

DECLARATION of Malea Marxer re 69 Amended Complaint, by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund . (Klein, Julia) (Entered: 12/30/2020)

Dec. 30, 2020 RECAP
71

DECLARATION of Isabel Bethke re 69 Amended Complaint, by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund . (Klein, Julia) (Entered: 12/30/2020)

Dec. 30, 2020 RECAP
72

NOTICE by Isabel Bethke, Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund, Malea Marxer re 69 Amended Complaint, (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Klein, Julia) (Entered: 01/05/2021)

Jan. 5, 2021 PACER
73

Amended DECLARATION of Isabel Bethke re 69 Amended Complaint, by Isabel Bethke, Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund, Malea Marxer . (Klein, Julia) (Entered: 01/05/2021)

Jan. 5, 2021 PACER
74

Consent MOTION to withdraw the intervention of Donald J. Trump for President, Inc. filed by Donald J. Trump for President, Inc.. (Attachments: # 1FILED IN ERROR - Proposed Order)(Norris, Cameron) Modified text on 1/14/2021 (KDS). (Entered: 01/13/2021)

Jan. 13, 2021 PACER
75

MOTION to Dismiss/General, MOTION to Dismiss for Lack of Jurisdiction filed by Republican National Committee, The, Republican Party of Minnesota. (Attachments: # 1 FILED IN ERROR - Notice of Hearing, # 2 FILED IN ERROR - Memorandum of Law, # 3 FILED IN ERROR - LR7.1/LR72.2 Word Count Compliance Certificate, # 4 FILED IN ERROR - LR 7.1(a) Meet-and-Confer Statement, # 5 FILED IN ERROR - Proposed Order)(Norris, Cameron) Modified text on 1/14/2021 (KDS). (Entered: 01/13/2021)

Jan. 13, 2021 PACER
76

PROPOSED ORDER TO JUDGE re 74 Consent MOTION to withdraw the intervention of Donald J. Trump for President, Inc. filed by Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
77

NOTICE OF HEARING ON MOTION 75 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 3/1/2021 at 11:00 AM in Video Conference (no courtroom) before Judge Eric C. Tostrud. (Norris, Cameron) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
78

MEMORANDUM in Support re 75 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Republican National Committee, The, Republican Party of Minnesota. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Norris, Cameron) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
79

MEET and CONFER STATEMENT re 75 Motion to Dismiss/General,, Motion to Dismiss/Lack of Jurisdiction, filed by Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
80

PROPOSED ORDER TO JUDGE re 75 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
81

ANSWER to Complaint filed by Steve Simon. (Marisam, Jason) (Entered: 01/19/2021)

Jan. 19, 2021 PACER
82

ORDER: Donald J. Trump for President, Inc.'s Unopposed Motion to Withdraw as Intervenor-Defendant 74 is GRANTED. Donald J. Trump for President, Inc. shall be dismissed from this action without costs, disbursements, or attorneys' fees to any of the parties. Signed by Judge Eric C. Tostrud on 2/1/2021. (RMM) (Entered: 02/01/2021)

Feb. 1, 2021 RECAP
83

MEMORANDUM in Opposition re 75 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Isabel Bethke, Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund, Malea Marxer. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 LR7.1/LR72.2 Word Count Compliance Certificate)(Klein, Julia) (Entered: 02/04/2021)

Feb. 4, 2021 PACER
84

MOTION for Admission Pro Hac Vice for Attorney Caleb Jackson. Filing fee $ 100, receipt number AMNDC-8468105 filed by Isabel Bethke, League of Women Voters of Minnesota Education Fund, Malea Marxer. (Klein, Julia) (Entered: 02/05/2021)

Feb. 5, 2021 PACER
85

TEXT ONLY ENTRY: ORDER granting 84 Motion for Admission Pro Hac Vice of Attorney Caleb Jackson for Isabel Bethke, Women Voters of Minnesota Education Fund, and for Malea Marxer. Approved by Magistrate Judge Tony N. Leung on 2/8/2021. (NAH) (Entered: 02/08/2021)

Feb. 8, 2021 PACER

Order on Motion for Admission Pro Hac Vice

Feb. 8, 2021 PACER
86

STIPULATION to Modify Amended Pretrial Scheduling Order by Isabel Bethke, Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund, Malea Marxer. Jointly Signed by Steve Simon, Republican National Committee, and Republican Party of Minnesota. (Klein, Julia) (Entered: 02/10/2021)

Feb. 10, 2021 PACER
87

PROPOSED ORDER TO JUDGE re 86 Stipulation,. (Klein, Julia) (Entered: 02/10/2021)

Feb. 10, 2021 PACER
88

ORDER on 86 Stipulation and SECOND AMENDED PRETRIAL SCHEDULING ORDER: Fact Discovery due by 7/1/2021. Expert Discovery due by 9/15/2021. Motions (non-disp) due 7/1/2021. Motions (disp) due by 11/15/2021. Ready for trial due by 3/15/2022. Signed by Magistrate Judge Tony N. Leung on 2/16/2021. (HAM) (Entered: 02/16/2021)

Feb. 16, 2021 PACER
89

SECOND AMENDED ORDER FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 5/26/2021. Settlement Conference set for 6/2/2021 at 10:00 AM in Courtroom 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 2/16/2021. (HAM) (Entered: 02/16/2021)

Feb. 16, 2021 PACER
90

REPLY re 75 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Republican National Committee, The, Republican Party of Minnesota. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Norris, Cameron) (Entered: 02/18/2021)

Feb. 18, 2021 PACER
91

(Text-Only) NOTICE of Rescheduling of Hearing: The hearing on 75 MOTION to Dismiss is rescheduled for 3/1/2021 at 11:00 AM by Video Conference (no courtroom) before Judge Eric C. Tostrud. Instructions for joining the hearing by Zoom have been sent separately to counsel of record. Location change only. Notice to Public: Please visit our website at https://www.mnd.uscourts.gov/court-schedules for audio connection information for this hearing. Note that hearings might not appear on the court schedule or courthouse kiosk until one week before the hearing date.(RMM) (Entered: 02/23/2021)

Feb. 23, 2021 PACER

State / Territory: Minnesota

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:

The League of Women Voters of Minnesota Education Fund and three registered voters

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Minnesota , State

Republican National Committee (Washington, DC), Political Party

Donald J. Trump for President, Inc. (New York), Private Entity/Person

Republican Party of Minnesota (Edina, Hennepin), Political Party

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Voting

Voting access

Discrimination-basis:

Immigration status

COVID-19:

Mitigation Requested

Voting:

Election administration

Voter qualifications