Case: Lewis v. Hughs

5:20-cv-00577 | U.S. District Court for the Western District of Texas

Filed Date: May 11, 2020

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: On May 11, 2020, the Texas State Conference of the National Association for the Advancement of Colored People, the Texas Alliance for Retired Americans, and six individuals filed this lawsuit against the Texas Secretary of State, challenging the constitutionality of the laws restricting vote by mail. No outcome yet. On May…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: On May 11, 2020, the Texas State Conference of the National Association for the Advancement of Colored People, the Texas Alliance for Retired Americans, and six individuals filed this lawsuit against the Texas Secretary of State, challenging the constitutionality of the laws restricting vote by mail. No outcome yet.


On May 11, 2020, the Texas State Conference of the National Association for the Advancement of Colored People (NAACP), the Texas Alliance for Retired Americans, and six individuals filed this lawsuit against the Texas Secretary of State, challenging the constitutionality of the laws restricting vote by mail. The plaintiffs brought this lawsuit as a declaratory action under 28 U.S.C. §§ 2201-02, and as an injunctive action under 42 U.S.C. § 1983, alleging that the current vote by mail system was in violation of the plaintiffs' First, Fourteenth, and Twenty-Fourth Amendment rights. Specifically, the plaintiffs alleged that the requirement that voters pay for the postage to return their early voting ballots by mail, the postmark requirements for the ballots, the requirement that voters must submit two handwriting samples that “match” in order to have their early voting ballots counted, and the criminalization of a person assisting a voter in returning a marked mail ballot denied the plaintiffs equal protection and procedural due process, and violated the prohibition on poll tax. The plaintiffs sought declaratory and preliminary and permanent injunctive relief requiring the defendants to provide prepaid postage on the ballot carrier envelopes used to return the marked mail-in ballots to the counties and enjoining them from rejecting vote-by-mail ballots if those ballots were postmarked by 7:00 p.m. on election day and received by the county election administrator before it canvased the election and from implementing, enforcing, or giving any effect to the Voter Assistance Ban. They further sought to enjoin the defendants from rejecting mail-in ballots on signature verification grounds, and sought an injunction requiring the defendants to provide voters the opportunity to cure any issues with signature verification before their ballots are rejected. This lawsuit was filed at the U.S. District Court for the Western District of Texas, and assigned to Judge Orlando L. Garcia. The plaintiffs were represented by private attorneys.

The defendants moved to dismiss the case on June 3, arguing that the sovereign immunity bars plaintiffs’ claims, that the plaintiffs lack standing and that the plaintiffs failed to state a claim.

The case is ongoing.

Summary Authors

Averyn Lee (7/4/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17146191/parties/lewis-v-hughs-texas-secretary-of-state/


Judge(s)

Garcia, Orlando Luis (Texas)

Attorneys(s) for Plaintiff

Branch, Aria C (District of Columbia)

Elias, Marc Erik (District of Columbia)

Hamilton, Kevin J. (Washington)

Howton, Skyler (Texas)

Kuhlmann, Gillian (California)

Schirack, Sarah Langberg (Alaska)

Stafford, William B (Washington)

Attorneys(s) for Defendant

Abrams, Michael (Texas)

Bangert, Ryan L (Texas)

Judge(s)

Garcia, Orlando Luis (Texas)

Attorneys(s) for Plaintiff

Branch, Aria C (District of Columbia)

Elias, Marc Erik (District of Columbia)

Hamilton, Kevin J. (Washington)

Howton, Skyler (Texas)

Kuhlmann, Gillian (California)

Schirack, Sarah Langberg (Alaska)

Stafford, William B (Washington)

Attorneys(s) for Defendant

Abrams, Michael (Texas)

Bangert, Ryan L (Texas)

Disher, Todd Lawrence (Texas)

Hunker, Kathleen (Texas)

Mateer, Jeffrey C (Texas)

Paxton, Ken (Texas)

Sweeten, Patrick Kinney (Texas)

Thompson, William Thomas (Texas)

Documents in the Clearinghouse

Document

5:20-cv-00577

Docket [PACER]

July 2, 2020

July 2, 2020

Docket
1

5:20-cv-00577

Complaint for Declaratory and Injunctive Relief

May 11, 2020

May 11, 2020

Complaint
17

5:20-cv-00577

The Texas Secretary State's Motion to Dismiss Or, in the Alternative, for a More Definite Statement

June 3, 2020

June 3, 2020

Pleading / Motion / Brief
19, 19-1

5:20-cv-00577

Plaintiffs' Opposition to Defendant's Motion to Dismiss

June 17, 2020

June 17, 2020

Pleading / Motion / Brief
26

5:20-cv-00577

The Texas Secretary of State's Reply in Support of Her Motion to Dismiss

June 24, 2020

June 24, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17146191/lewis-v-hughs-texas-secretary-of-state/

Last updated Aug. 30, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 400 receipt number 0542-13554662), filed by Voto Latino, Ellen Sweets, Texas State Conference of the National Association for the Advancement of Colored People, Madison Lee, Texas Alliance for Retired Americans, Benny Alexander, Linda Jann Lewis, George Morgan. (Attachments: # 1 Civil Cover Sheet)(Howton, Skyler) (Entered: 05/11/2020)

1 Civil Cover Sheet

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May 11, 2020

May 11, 2020

Clearinghouse

To be Referred to SA Mag Judge

May 11, 2020

May 11, 2020

PACER

Case Assigned/Reassigned

May 11, 2020

May 11, 2020

PACER
2

REQUEST FOR ISSUANCE OF SUMMONS by Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Howton, Skyler) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
3

RULE 7 DISCLOSURE STATEMENT filed by Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Howton, Skyler) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER

Case Directly Assigned to Chief Judge Orlando L. Garcia. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg)

May 11, 2020

May 11, 2020

PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (wg)

May 11, 2020

May 11, 2020

PACER
4

MOTION to Appear Pro Hac Vice by Skyler M. Howton for MARC E. ELIAS ( Filing fee $ 100 receipt number 0542-13556180) by on behalf of Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 05/11/2020)

1 Proposed Order

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May 11, 2020

May 11, 2020

PACER
5

MOTION to Appear Pro Hac Vice by Skyler M. Howton for ARIA C. BRANCH ( Filing fee $ 100 receipt number 0542-13556225) by on behalf of Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 05/11/2020)

1 Proposed Order

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May 11, 2020

May 11, 2020

PACER
6

MOTION to Appear Pro Hac Vice by Skyler M. Howton for KEVIN J. HAMILTON ( Filing fee $ 100 receipt number 0542-13556300) by on behalf of Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 05/11/2020)

1 Proposed Order

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May 11, 2020

May 11, 2020

PACER
7

MOTION to Appear Pro Hac Vice by Skyler M. Howton for WILLIAM B. STAFFORD ( Filing fee $ 100 receipt number 0542-13556345) by on behalf of Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 05/11/2020)

1 Proposed Order

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May 11, 2020

May 11, 2020

PACER
8

MOTION to Appear Pro Hac Vice by Skyler M. Howton for GILLIAN KULHMANN ( Filing fee $ 100 receipt number 0542-13556375) by on behalf of Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 05/11/2020)

1 Proposed Order

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May 11, 2020

May 11, 2020

PACER
9

MOTION to Appear Pro Hac Vice by Skyler M. Howton for SARAH L. SCHIRACK ( Filing fee $ 100 receipt number 0542-13556406) by on behalf of Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 05/11/2020)

1 Proposed Order

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May 11, 2020

May 11, 2020

PACER
10

Pro Hac Vice Letter forwarded to atty: Gillian Kuhlmann. (wg) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
11

Summons Issued as to Ruth Hughs, Texas Secretary of State. (wg) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
12

Pro Hac Vice Letter forwarded to attorney: Sarah Langberg Schirack. (wg) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
13

Pro Hac Vice Letter forwarded to atty: Marc E. Elias & Aria C. Branch. (wg) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
14

Pro Hac Vice Letter forwarded to atty: Kevin J. Hamilton & William B. Stafford. (wg) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER

Order on Motion to Appear Pro Hac Vice

May 19, 2020

May 19, 2020

PACER

Text Order GRANTING 4 Motion to Appear Pro Hac Vice for MARC E. ELIAS. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

May 19, 2020

May 19, 2020

PACER

Text Order GRANTING 5 Motion to Appear Pro Hac Vice for ARIA C. BRANCH. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

May 19, 2020

May 19, 2020

PACER

Text Order GRANTING 6 Motion to Appear Pro Hac Vice for KEVIN J. HAMILTON. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

May 19, 2020

May 19, 2020

PACER

Text Order GRANTING 7 Motion to Appear Pro Hac Vice for WILLIAM B. STAFFORD. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

May 19, 2020

May 19, 2020

PACER

Text Order GRANTING 8 Motion to Appear Pro Hac Vice for GILLIAN KULHMANN. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

May 19, 2020

May 19, 2020

PACER

Text Order GRANTING 9 Motion to Appear Pro Hac Vice for SARAH L. SCHIRACK. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

May 19, 2020

May 19, 2020

PACER
15

Acknowledgment of Service returned by Voto Latino, Ellen Sweets, Texas State Conference of the National Association for the Advancement of Colored People, Madison Lee, Texas Alliance for Retired Americans, Benny Alexander, Linda Jann Lewis, George Morgan. Ruth Hughs, Texas Secretary of State served on 5/13/2020, answer due 6/12/2020. (Howton, Skyler) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

RECAP

Acknowledgment of Service

May 20, 2020

May 20, 2020

PACER
16

Unopposed MOTION for Leave to Exceed Page Limitation on Motion to Dismiss by Ruth Hughs, Texas Secretary of State. (Attachments: # 1 Proposed Order)(Thompson, William) (Entered: 06/03/2020)

1 Proposed Order

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June 3, 2020

June 3, 2020

PACER
17

MOTION to Dismiss by Ruth Hughs, Texas Secretary of State. (Thompson, William) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

Clearinghouse

Text Order GRANTING 16 Unopposed Motion for Leave to File Excess Pages. IT IS THEREFORE ORDERED that the Secretary may file a motion to dismiss that doesnot exceed 27 pages entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

June 4, 2020

June 4, 2020

PACER

Order on Motion for Leave to File Excess Pages

June 4, 2020

June 4, 2020

PACER
18

Plaintiff's Unopposed MOTION for Leave to Exceed Page Limitation by Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 06/17/2020)

1 Proposed Order

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June 17, 2020

June 17, 2020

PACER
19

Plaintiff's Memorandum in Opposition to Motion, filed by Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino, re 17 MOTION to Dismiss filed by Defendant Ruth Hughs, Texas Secretary of State (Attachments: # 1 Appendix)(Howton, Skyler). (Entered: 06/17/2020)

1 Appendix

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June 17, 2020

June 17, 2020

PACER

Text Order GRANTING 18 Plaintiff's Unopposed Motion for Leave to File Excess Pages. IT IS THEREFORE ORDERED that the Plaintiffs may file an opposition that does not exceed 27 pages entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

June 18, 2020

June 18, 2020

PACER

Order on Motion for Leave to File Excess Pages

June 18, 2020

June 18, 2020

PACER
20

MOTION for Leave to Exceed Page Limitation for Motion Seeking Preliminary Injunction, by Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Attachments: # 1 - Plaintiffs' Motion for Preliminary Injunction and Memorandum of Law in Support, # 2 - Proposed Order on Motion for Preliminary Injunction, # 3 - Proposed Order on Motion for Leave to Exceed Page Limit)(Howton, Skyler) (Entered: 06/22/2020)

1 - Plaintiffs' Motion for Preliminary Injunction and Memorandum of Law in S

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2 - Proposed Order on Motion for Preliminary Injunction

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3 - Proposed Order on Motion for Leave to Exceed Page Limit

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June 22, 2020

June 22, 2020

PACER
21

APPENDIX by Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Attachments: # 1 Ex 1-Declaration of Aria C. Branch, # 2 Ex A-Expert Report of Catherine L. Troisi, # 3 Ex B-Texas Case Counts-COVID-19, # 4 Ex C-Expert Report of Drs. M. Herron and D. Smith, # 5 Ex D-Drive-thrus and free pencils: Texas plans for July elections with in-person voting, # 6 Ex E-Recommendations for Election Polling Locations, # 7 Ex F-Quick Facts - Texas, # 8 Ex G-Percent Voting by Age, Gender, Educational Attainment, Race, and Family Income, # 9 Ex H-NV 2020 Primary Election Turnout, # 10 Ex I-NV 2016 Primary Election Turnout, # 11 Ex J-Early Voting - November 2, 2018, # 12 Ex K-Declaration of Plaintiff Linda Jan Lewis, # 13 Ex L-Declaration of Plaintiff Madison Lee, # 14 Ex M-Declaration of Maria Teresa Kumar, # 15 Ex N-Declaration of Gary Bledsoe, # 16 Ex O-Declaration of Judy Bryant, # 17 Ex P-Declaration of Plaintiff George Morgan, # 18 Ex Q-King County Prepaid Postage Pilot: Summary, # 19 Ex R-Early Voting by Mail, # 20 Ex S-These Federal Agencies Have Seen the Most COVID-19 Deaths, # 21 Ex T-Handbook for Election Judges and Clerks 2020, # 22 Ex U-Declaration of Daryl Jones, # 23 Ex V-Declaration of Barbara Rojas, # 24 Ex W-Expert Report of Dr. Linton A. Mohammed, # 25 Ex X-Declaration of Plaintiff Ellen Sweets, # 26 Ex Y-Declaration of Plaintiff Benny Alexander, # 27 Ex Z-Declaration of Joanna Marie Green, # 28 Ex AA-Declaration of Terrence William Tull, # 29 Ex AB-Declaration of Juanita E. McAdoo, # 30 Ex AC-Declaration of Prentiss Hogan)(Howton, Skyler) (Entered: 06/22/2020)

1 Ex 1-Declaration of Aria C. Branch

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2 Ex A-Expert Report of Catherine L. Troisi

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3 Ex B-Texas Case Counts-COVID-19

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4 Ex C-Expert Report of Drs. M. Herron and D. Smith

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5 Ex D-Drive-thrus and free pencils: Texas plans for July elections with in-perso

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6 Ex E-Recommendations for Election Polling Locations

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7 Ex F-Quick Facts - Texas

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8 Ex G-Percent Voting by Age, Gender, Educational Attainment, Race, and Family In

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9 Ex H-NV 2020 Primary Election Turnout

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10 Ex I-NV 2016 Primary Election Turnout

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11 Ex J-Early Voting - November 2, 2018

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12 Ex K-Declaration of Plaintiff Linda Jan Lewis

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13 Ex L-Declaration of Plaintiff Madison Lee

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14 Ex M-Declaration of Maria Teresa Kumar

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15 Ex N-Declaration of Gary Bledsoe

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16 Ex O-Declaration of Judy Bryant

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17 Ex P-Declaration of Plaintiff George Morgan

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18 Ex Q-King County Prepaid Postage Pilot: Summary

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19 Ex R-Early Voting by Mail

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20 Ex S-These Federal Agencies Have Seen the Most COVID-19 Deaths

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21 Ex T-Handbook for Election Judges and Clerks 2020

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22 Ex U-Declaration of Daryl Jones

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23 Ex V-Declaration of Barbara Rojas

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24 Ex W-Expert Report of Dr. Linton A. Mohammed

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25 Ex X-Declaration of Plaintiff Ellen Sweets

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26 Ex Y-Declaration of Plaintiff Benny Alexander

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27 Ex Z-Declaration of Joanna Marie Green

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28 Ex AA-Declaration of Terrence William Tull

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29 Ex AB-Declaration of Juanita E. McAdoo

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30 Ex AC-Declaration of Prentiss Hogan

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June 22, 2020

June 22, 2020

PACER
22

NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Ruth Hughs, Texas Secretary of State. Attorney Patrick K. Sweeten added to party Ruth Hughs, Texas Secretary of State(pty:dft) (Sweeten, Patrick) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
23

NOTICE of Attorney Appearance by Todd Lawrence Disher on behalf of Ruth Hughs, Texas Secretary of State. Attorney Todd Lawrence Disher added to party Ruth Hughs, Texas Secretary of State(pty:dft) (Disher, Todd) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
24

NOTICE of Attorney Appearance by Michael Abrams on behalf of Ruth Hughs, Texas Secretary of State. Attorney Michael Abrams added to party Ruth Hughs, Texas Secretary of State(pty:dft) (Abrams, Michael) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
25

DEFENDANT'S MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Preliminary Injunction by Ruth Hughs, Texas Secretary of State. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 06/23/2020)

1 Proposed Order

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June 23, 2020

June 23, 2020

PACER
26

DEFENDANT'S REPLY to Response to Motion, filed by Ruth Hughs, Texas Secretary of State, re 17 MOTION to Dismiss filed by Defendant Ruth Hughs, Texas Secretary of State (Sweeten, Patrick) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

Clearinghouse
27

ORDER That the Court hereby VACATES the June 29, 2020 deadline for theSecretary's response to Plaintiffs' Motion for Preliminary Injunction. The Court ORDERS the parties to confer and submit proposed scheduling orders for discovery and briefing for the Motion for Preliminary Injunction by Thursday, July 2, 2020. The Court will issue a scheduling order, including resetting the Secretary's response deadline, after consideration of the parties' submissions.Signed by Chief Judge Orlando L. Garcia. (wg) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP
28

Scheduling Recommendations --JOINT SCHEDULING PROPOSAL-- by Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 07/02/2020)

1 Proposed Order

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July 2, 2020

July 2, 2020

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29

ORDER SETTING SCHEDULING DEADLINES ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION - ORDER DISMISSING AS MOOT 25 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Orlando L. Garcia. (rg) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
30

ORDER SETTING SCHEDULING DEADLINES AS TO MOTION FOR PRELIMINARY INJUNCTION & DISMISSING AS MOOT re 25 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Preliminary Injunction filed by Ruth Hughs, Texas Secretary of State. Signed by Chief Judge Orlando L. Garcia. (wg) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

RECAP
31

ORDER DENYING 17 Motion to Dismiss, or alternatively, for a More Definite Statement Signed by Chief Judge Orlando L. Garcia. (mgr) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

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32

Appeal of Order entered by District Judge 31 by Ruth Hughs, Texas Secretary of State. (Sweeten, Patrick) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP

NOTICE OF APPEAL following 32 Notice of Appeal (E-Filed) by Ruth Hughs, Texas Secretary of State. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (wg)

Aug. 7, 2020

Aug. 7, 2020

PACER
33

ADVISORY TO THE COURT by Ruth Hughs, Texas Secretary of State. (Sweeten, Patrick) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

RECAP

Notice of Appeal

Aug. 10, 2020

Aug. 10, 2020

PACER
34

ANSWER to 1 Complaint, by Ruth Hughs, Texas Secretary of State.(Sweeten, Patrick) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
35

RESPONSE to 33 Advisory to the Court by Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino. (Hamilton, Kevin) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
36

RESPONSE to Plaintiffs' Filing Regarding Interlocutory Appeal to 35 Response, by Ruth Hughs, Texas Secretary of State. (Sweeten, Patrick) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
37

ORDER, that the Court declines to exercise jurisdiction pending the outcome of the Appeal. re 35 Response, filed by Texas State Conference of the National Association for the Advancement of Colored People, Benny Alexander, Ellen Sweets, Linda Jann Lewis, Voto Latino, Madison Lee, Texas Alliance for Retired Americans, George Morgan, 31 Order on Motion to Dismiss, 36 Response filed by Ruth Hughs, Texas Secretary of State. Signed by Chief Judge Orlando L. Garcia. (wg) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

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38

TRANSCRIPT REQUEST by Ruth Hughs, Texas Secretary of State for dates of N/A (no hearings held). Proceedings Transcribed: N/A. Court Reporter: N/A.. (Sweeten, Patrick) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER

Certification of the Electronic Record on Appeal in USCA #20-50654 has been accepted by the 5th Circuit. re 32 Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (dtg)

Aug. 27, 2020

Aug. 27, 2020

PACER

Appeal Record Accepted and Available Electronically

Aug. 27, 2020

Aug. 27, 2020

PACER
39

PLAINTIFF'S NOTICE of Summary Affirmance and Request for Briefing Schedule and Hearing by Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance for Retired Americans, Texas State Conference of the National Association for the Advancement of Colored People, Voto Latino (Attachments: # 1 Exhibit A-Order)(Hamilton, Kevin) (Entered: 09/04/2020)

1 Exhibit A-Order

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Sept. 4, 2020

Sept. 4, 2020

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40

ORDER of USCA (certified copy). re 32 Notice of Appeal.***Per Curiam:IT IS ORDERED that Appellees opposed alternative motion to dismiss appeal as frivolous is DENIED. IT IS ORDERED that Appellees opposed motion for summary affirmance is GRANTED with respect to the district courts denial of Appellants motion to dismiss on grounds of sovereign immunity.*** (Attachments: # 1 TRANSMITTAL LETTER FROM USCA5)(dtg) (Entered: 09/09/2020)

1 TRANSMITTAL LETTER FROM USCA5

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Sept. 4, 2020

Sept. 4, 2020

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41

ORDER of USCA (certified copy). re 32 Notice of Appeal.***PER CURIAM: No member of the panel nor judge in regular active service of the court having requested that the court be polled on Rehearing En Banc (FED. R. APP. P. and 5TH CIR. R. 35), the Petition for Rehearing En Banc is DENIED.*** (Attachments: # 1 TRANSMITTAL LETTER FROM USCA5)(dtg) (Entered: 11/06/2020)

1 TRANSMITTAL LETTER FROM USCA5

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Nov. 5, 2020

Nov. 5, 2020

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42

ORDER of USCA (certified copy). re 32 Notice of Appeal.***ORDER: IT IS ORDERED that Appellees' motion for an extension of 29 days, or, to and including February 9, 2021 to file the brief is GRANTED.*** (Attachments: # 1 TRANSMITTAL LETTER FROM USCA5)(dtg) (Entered: 01/15/2021)

1 TRANSMITTAL LETTER FROM USCA5

View on PACER

Jan. 5, 2021

Jan. 5, 2021

PACER
43

Letter of Transmittal from USCA

Feb. 12, 2021

Feb. 12, 2021

PACER
44

Letter of Transmittal from USCA

Feb. 26, 2021

Feb. 26, 2021

PACER
45

Letter of Transmittal from USCA

Feb. 26, 2021

Feb. 26, 2021

RECAP
46

Order

March 30, 2021

March 30, 2021

RECAP
47

Miscellaneous Relief

Oct. 28, 2021

Oct. 28, 2021

PACER
48

Withdraw As Attorney

Oct. 28, 2021

Oct. 28, 2021

PACER

Order on Motion to Withdraw as Attorney

Nov. 1, 2021

Nov. 1, 2021

PACER
49

Order

Nov. 4, 2021

Nov. 4, 2021

RECAP
50

USCA Judgment/Mandate

April 22, 2022

April 22, 2022

PACER
51

Order

June 21, 2022

June 21, 2022

RECAP
52

Status Report

July 1, 2022

July 1, 2022

PACER
53

Order Dismissing Case

July 5, 2022

July 5, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 11, 2020

Plaintiffs

Plaintiff Description:

the Texas State Conference of the National Association for the Advancement of Colored People, the Texas Alliance for Retired Americans, and six individuals

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Perkins Coie

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Secretary of State, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Voting

Voting access

Voting:

Election administration

Voter qualifications

Voter registration rules