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Case: Texas LULAC v. Abbott

1:20-cv-01006 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 1, 2020

Closed Date: March 24, 2021

Clearinghouse coding complete

Case Summary

This is a case about access to ballot dropboxes in Texas during the 2020 election, which took place during the COVID-19 pandemic. On October 1, 2020, the Texas League of United Latin American Citizens ("LULAC"), the League of Women Voters of Texas and two individuals who vote in Texas filed a complaint in the U.S. District Court for the Western District of Texas. The former represents Latino interests in the state of Texas, and the latter represent women voters in Texas. The defendants include …

This is a case about access to ballot dropboxes in Texas during the 2020 election, which took place during the COVID-19 pandemic. On October 1, 2020, the Texas League of United Latin American Citizens ("LULAC"), the League of Women Voters of Texas and two individuals who vote in Texas filed a complaint in the U.S. District Court for the Western District of Texas. The former represents Latino interests in the state of Texas, and the latter represent women voters in Texas. The defendants include Texas Governor Greg Abbott, Secretary of State Ruth Hughs, and the elections officials of four counties targeted in this action. The plaintiffs alleged violations under the Voting Rights Act and the First and Fourteenth Amendments after Governor Abbott restricted access to ballot dropboxes to a single location per county. Plaintiffs argued this change impermissibly restricted the ability to vote in violation of the First Amendment. Plaintiffs also alleged under the Voting Rights Act that minority groups such as Latinos who reside in these counties would face particular difficulties voting. Plaintiffs further claimed that voting requirements being changed after voting began was arbitrary and capricious, and a violation of the Fourteenth Amendment, because it would cause disparate burdens based on where people lived, particularly affecting the elderly and those in rural areas. Plaintiffs argued that given the size of Texas counties, people may have already requested absentee ballots they would no longer be able to submit on time, and they sought an injunction of the Governor's new ruling. The defendants argued that because they had expanded voting timeframes to allow the drop-off of ballots up to forty days in advance, instead of just election day, they had expanded voting rights access. They also pointed to security concerns with multiple drop-off sites.

This case was assigned to District Court Judge Robert Pitman. On October 2, 2020 this case was consolidated with Straty v. Abbott, a case challenging the same ballot drop box restrictions, for the limited purpose of resolving the pending motions for preliminary injunction. 

On October 6, 2020, Governor Abbott and Secretary of State Ruth Hughs filed a motion to dismiss the complaint. They argued that plaintiffs' constitutional claims were barred by sovereign immunity, and Ex parte Young exception to immunity did not apply, because neither were empowered to enforce the executive order. 

On October 9, 2020, Judge Pitman granted in part and denied in part the motion to dismiss, by dismissing the claims against Governor Abbott, finding that the Ex parte Young exception to sovereign immunity did not apply to the Governor since he was not empowered to enforce the law, while retaining those against Secretary of State Hughs. The court issued a preliminary injunction, barring county clerks and other state actors from restricting ballot drop boxes to one location per county. The same day, defendant Hughs appealed the preliminary injunction ruling to the Fifth Circuit.

On October 12, 2020, less than a month before election day, the Fifth Circuit granted appellant Hughs a stay, pending resolution of her appeal. The court did not provide any reasoning for this order. This effectively left each county with a single ballot box available under Governor Abbott's executive order through the entirety of the election process. 978 F.3d 136.

On February 22, 2021, the Fifth Circuit vacated the district court's October 9th order issuing a preliminary injunction, and denying the plaintiffs' motion to vacate the Fifth Circuit's October 12th opinion, because the election already had occurred. They remanded the case to the district court with instructions to dismiss it as moot. 2021 WL 1446828. The district court dismissed the action as moot on March 24, 2021. 

 

 

Summary Authors

Sandy Sulzer (10/19/2022)

Related Cases

Straty v. Abbott, Western District of Texas (2020)

Documents in the Clearinghouse

Document
1

1:20-cv-01006

Complaint for Declaratory and Injunctive Relief

Oct. 1, 2020

Oct. 1, 2020

Complaint
1

1:20-cv-01015

Complaint for Declaratory and Injunctive Relief

Straty v. Abbott

Oct. 2, 2020

Oct. 2, 2020

Complaint
16

1:20-cv-01006

First Amended Complaint for Declaratory and Injunctive Relief

Oct. 5, 2020

Oct. 5, 2020

Complaint
61

1:20-cv-01006

Order

Oct. 9, 2020

Oct. 9, 2020

Order/Opinion
38

1:20-cv-01015

Order

Oct. 9, 2020

Oct. 9, 2020

Order/Opinion
65

20-50867

United States Court of Appeals Order

Texas LULAC v. Hughs

U. S. Court of Appeals for the Fifth Circuit

Oct. 10, 2020

Oct. 10, 2020

Order/Opinion
66

1:20-cv-01006

Appeal

U. S. Court of Appeals for the Fifth Circuit

Oct. 12, 2020

Oct. 12, 2020

Order/Opinion

20-50867

Opinion

Texas LULAC v. Hughs

U. S. Court of Appeals for the Fifth Circuit

Feb. 22, 2021

Feb. 22, 2021

Order/Opinion
70

1:20-cv-01006

Appeal

U. S. Court of Appeals for the Fifth Circuit

March 18, 2021

March 18, 2021

Order/Opinion
71

1:20-cv-01006

Order

March 24, 2021

March 24, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18499295/texas-league-of-united-latin-american-citizens-v-abbott-governor-of-texas/

Last updated Oct. 10, 2022, 1:28 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 400 receipt number 0542-14028470). No Summons requested at this time, filed by League of Women Voters of Texas, National League of United Latin American Citizens, Ralph Edelbach, Texas League of United Latin American Citizens, Barbara Mason. (Attachments: # 1 Civil Cover Sheet)(Dunn, Chad) (Entered: 10/02/2020)

1 Civil Cover Sheet

View on PACER

Oct. 1, 2020

Oct. 1, 2020

Clearinghouse

Case assigned to Judge Robert Pitman. 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. (dl)

Oct. 1, 2020

Oct. 1, 2020

PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Austin. (dl)

Oct. 1, 2020

Oct. 1, 2020

PACER
2

Pro Hac Vice Letters mailed to Danielle Lang, Mark P. Gaber, Ravi Doshi, Molly Danahy and Caleb Jackson. (dl) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

RECAP
3

REQUEST FOR ISSUANCE OF SUMMONS by Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

RECAP
4

NOTICE of Attorney Appearance by Justin C. Pfeiffer on behalf of John Oldham. Attorney Justin C. Pfeiffer added to party John Oldham(pty:dft) (Pfeiffer, Justin) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
5

MOTION for Temporary Restraining Order and/or Preliminary Injunction and Briefing Schedule by Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

Clearinghouse

Case Assigned/Reassigned

Oct. 2, 2020

Oct. 2, 2020

PACER

To be Referred to AU Mag Judge

Oct. 2, 2020

Oct. 2, 2020

PACER
6

MOTION to Appear Pro Hac Vice by Susan L. Hays on behalf of Seth Hopkins ( Filing fee $ 100 receipt number 0542-14033098) by on behalf of Chris Hollins. (Hays, Susan) (Entered: 10/03/2020)

Oct. 3, 2020

Oct. 3, 2020

PACER
7

NOTICE of Attorney Appearance by Susan L. Hays on behalf of Chris Hollins. Attorney Susan L. Hays added to party Chris Hollins(pty:dft) (Hays, Susan) (Entered: 10/03/2020)

Oct. 3, 2020

Oct. 3, 2020

PACER
8

NOTICE Advisory by Chris Hollins (Attachments: # 1 Affidavit Declaration of Christopher P. Hollins)(Hays, Susan) (Entered: 10/03/2020)

1 Affidavit Declaration of Christopher P. Hollins

View on RECAP

Oct. 3, 2020

Oct. 3, 2020

RECAP
9

Summons Issued as to Greg Abbott, Ruth Hughs. (dm) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

RECAP
10

MOTION to Appear Pro Hac Vice by Chad W. Dunn (for Molly Danahy) ( Filing fee $ 100 receipt number 0542-14034522) by on behalf of Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
11

MOTION to Appear Pro Hac Vice by Chad W. Dunn (for Ravi Doshi) ( Filing fee $ 100 receipt number 0542-14034549) by on behalf of Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
12

MOTION to Appear Pro Hac Vice by Chad W. Dunn (for Mark Gaber) ( Filing fee $ 100 receipt number 0542-14034570) by on behalf of Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
13

MOTION to Appear Pro Hac Vice by Chad W. Dunn (for Caleb Jackson) ( Filing fee $ 100 receipt number 0542-14034588) by on behalf of Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
14

MOTION to Appear Pro Hac Vice by Chad W. Dunn (for Danielle Lang) ( Filing fee $ 100 receipt number 0542-14034622) by on behalf of Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
15

MOTION for Temporary Restraining Order and Preliminary Injunction by Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Attachments: # 1 Exhibit 1 (July 27 Order), # 2 Exhibit 2 (Sept. 30 SOS State Supreme Court Filing), # 3 Exhibit 3 (Oct. 1 Order), # 4 Exhibit 4 (Federal Reserve Commute Time Data), # 5 Exhibit 5 (Travis County Travel Time Map), # 6 Exhibit 6 (Second Travis County Travel Time Map), # 7 Exhibit 7 (Fort Bend Travel Time Map), # 8 Exhibit 8 (Second Fort Bend Travel Time Map), # 9 Exhibit 9 (USPS Letter to Ruth Hughs), # 10 Exhibit 10 (Edelbach Dec.), # 11 Exhibit 11 (Mason Dec.), # 12 Exhibit 12 (Golub Dec.), # 13 Exhibit 13 (TDC Data), # 14 Exhibit 14 (Harris Co. Public Transportation Data), # 15 Exhibit 15 (Debeauvoir Tweet), # 16 Exhibit 16 (Fort Bend Herald Article), # 17 Exhibit 17 (Chimene Dec.), # 18 Exhibit 18 (Berg Dec.), # 19 Exhibit 19 (Smith Report), # 20 Exhibit 20 (Barreto Report), # 21 Exhibit 21 (Hughs Brief), # 22 Exhibit (Jackson Attorney Declaration))(Dunn, Chad) (Entered: 10/05/2020)

1 Exhibit 1 (July 27 Order)

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2 Exhibit 2 (Sept. 30 SOS State Supreme Court Filing)

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3 Exhibit 3 (Oct. 1 Order)

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4 Exhibit 4 (Federal Reserve Commute Time Data)

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5 Exhibit 5 (Travis County Travel Time Map)

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6 Exhibit 6 (Second Travis County Travel Time Map)

View on PACER

7 Exhibit 7 (Fort Bend Travel Time Map)

View on PACER

8 Exhibit 8 (Second Fort Bend Travel Time Map)

View on PACER

9 Exhibit 9 (USPS Letter to Ruth Hughs)

View on PACER

10 Exhibit 10 (Edelbach Dec.)

View on RECAP

11 Exhibit 11 (Mason Dec.)

View on RECAP

12 Exhibit 12 (Golub Dec.)

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13 Exhibit 13 (TDC Data)

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14 Exhibit 14 (Harris Co. Public Transportation Data)

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15 Exhibit 15 (Debeauvoir Tweet)

View on RECAP

16 Exhibit 16 (Fort Bend Herald Article)

View on PACER

17 Exhibit 17 (Chimene Dec.)

View on RECAP

18 Exhibit 18 (Berg Dec.)

View on RECAP

19 Exhibit 19 (Smith Report)

View on RECAP

20 Exhibit 20 (Barreto Report)

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21 Exhibit 21 (Hughs Brief)

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22 Exhibit (Jackson Attorney Declaration)

View on PACER

Oct. 5, 2020

Oct. 5, 2020

Clearinghouse
16

AMENDED COMPLAINT against All Defendants amending 1 Complaint,., filed by League of Women Voters of Texas, National League of United Latin American Citizens, Ralph Edelbach, Texas League of United Latin American Citizens, Barbara Mason, Mexican American Legislative Caucus, Texas House of Representatives, Texas Legislative Black Caucus.(Dunn, Chad) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

Clearinghouse
17

NOTICE of Filing Corected Ex. 10 (Edelbach Dec.) in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, Mexican American Legislative Caucus, Texas House of Representatives, National League of United Latin American Citizens, Texas League of United Latin American Citizens, Texas Legislative Black Caucus (Attachments: # 1 Exhibit 10 (Corrected Ex. 10, Edelbach Dec.))(Dunn, Chad) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
18

NOTICE Declaration of Dana DeBeauvoir, Travis County Clerk Pursuant to 28 U.S.C. 1746 by Dana DeBeauvoir (Attachments: # 1 Exhibit EX A July 27 Proclamation, # 2 Exhibit EX B Oct 1 Proclamation, # 3 Exhibit EX C TC Clerk-Ballot by mail)(Dippel, Leslie) (Entered: 10/05/2020)

1 Exhibit EX A July 27 Proclamation

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2 Exhibit EX B Oct 1 Proclamation

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3 Exhibit EX C TC Clerk-Ballot by mail

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Oct. 5, 2020

Oct. 5, 2020

RECAP
19

MOTION for Leave to Exceed Page Limitation by Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, Mexican American Legislative Caucus, Texas House of Representatives, National League of United Latin American Citizens, Texas League of United Latin American Citizens, Texas Legislative Black Caucus. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Dunn, Chad) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
20

Amended MOTION for Temporary Restraining Order and/or Preliminary Injunction by Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, Mexican American Legislative Caucus, Texas House of Representatives, National League of United Latin American Citizens, Texas League of United Latin American Citizens, Texas Legislative Black Caucus. (Attachments: # 1 Proposed Order)(Dunn, Chad) (Entered: 10/05/2020)

1 Proposed Order

View on PACER

Oct. 5, 2020

Oct. 5, 2020

Clearinghouse
21

ADVISORY TO THE COURT by John Oldham. (Pfeiffer, Justin) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

RECAP
22

NOTICE of Filing Corrected Exhibit to Motion for Leave to File Excess Pages by Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, Mexican American Legislative Caucus, Texas House of Representatives, National League of United Latin American Citizens, Texas League of United Latin American Citizens, Texas Legislative Black Caucus (Attachments: # 1 Exhibit A (Corrected))(Dunn, Chad) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
23

ORDER, ( Preliminary Injunction Hearing by Video set for 10/8/2020 at 01:00 PM before Judge Robert Pitman,). Signed by Judge Robert Pitman. (dm) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

RECAP
24

ORDER GRANTING 10 Motion to Appear Pro Hac Vice as to Molly Danahy. 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. Signed by Judge Robert Pitman. (dm) (Entered: 10/06/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
25

ORDER GRANTING 12 Motion to Appear Pro Hac Vice as to Mark Gaber. 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. Signed by Judge Robert Pitman. (dm) (Entered: 10/06/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
26

ORDER GRANTING 13 Motion to Appear Pro Hac Vice as to Caleb Jackson. 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. Signed by Judge Robert Pitman. (dm) (Entered: 10/06/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
27

ORDER GRANTING 11 Motion to Appear Pro Hac Vice as to Ravi Doshi. 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. Signed by Judge Robert Pitman. (dm) (Entered: 10/06/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
28

ORDER GRANTING 14 Motion to Appear Pro Hac Vice as to Danielle Lang. 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. Signed by Judge Robert Pitman. (dm) (Entered: 10/06/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
29

Memorandum in Support of 20 Amended MOTION for Temporary Restraining Order and/or Preliminary Injunction by Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, Mexican American Legislative Caucus, Texas House of Representatives, National League of United Latin American Citizens, Texas League of United Latin American Citizens, Texas Legislative Black Caucus. (dm) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

RECAP
30

Unopposed MOTION for Leave to Exceed Page Limitation by Greg Abbott, Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
31

MOTION to Dismiss by Greg Abbott, Ruth Hughs. (Sweeten, Patrick) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

Clearinghouse

Order on Motion for Leave to File Excess Pages

Oct. 6, 2020

Oct. 6, 2020

PACER

Text Order GRANTING 19 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. Plaintiffs' Memorandum of Law in support of their Motion for Preliminary Injunction is limited to no more than 35 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

Oct. 6, 2020

Oct. 6, 2020

PACER
32

AMENDED ORDER SETTING Hearing on Plaintiffs' Motions for Preliminary Injunction and Defendants' 31 Motion to Dismiss: Motions Hearing by Video remains set for 10/8/2020 at 01:00 PM before Judge Robert Pitman. Signed by Judge Robert Pitman. (lt) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

RECAP
33

BRIEF by Dana DeBeauvoir. (Thomas, Sherine) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

RECAP
34

MOTION for Leave to File Amicus Brief by G. Allan Van Fleet. by The Lincoln Project. (Attachments: # 1 Exhibit Exhibit A, # 2 Proposed Order)(Van Fleet, G.) (Entered: 10/07/2020)

1 Exhibit Exhibit A

View on RECAP

2 Proposed Order

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Oct. 7, 2020

Oct. 7, 2020

RECAP
35

MOTION to Appear Pro Hac Vice by G. Allan Van Fleet ( Filing fee $ 100 receipt number 0542-14048967) by Mario Nicolais on behalf of The Lincoln Project. (Van Fleet, G.) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
36

MOTION for Leave to File Amicus Brief In Support of Temporary Restraining Order and Preliminary Injunction by Edgar Saldivar. by ADAPT Texas, REV UP Texas, Disability Rights Texas. (Attachments: # 1 Brief, # 2 Proposed Order)(Saldivar, Edgar) (Entered: 10/07/2020)

1 Brief

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2 Proposed Order

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Oct. 7, 2020

Oct. 7, 2020

RECAP
37

NOTICE of Attorney Appearance by Todd Lawrence Disher on behalf of Greg Abbott, Ruth Hughs (Disher, Todd) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
38

NOTICE of Attorney Appearance by William Thomas Thompson on behalf of Greg Abbott, Ruth Hughs (Thompson, William) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
39

NOTICE of Attorney Appearance by Eric A. Hudson on behalf of Greg Abbott, Ruth Hughs. Attorney Eric A. Hudson added to party Greg Abbott(pty:dft), Attorney Eric A. Hudson added to party Ruth Hughs(pty:dft) (Hudson, Eric) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER

Text Order GRANTING 30 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. Defendants' Motion to Dismiss is limited to no more than 26 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

Oct. 7, 2020

Oct. 7, 2020

PACER

Order on Motion for Leave to File Excess Pages

Oct. 7, 2020

Oct. 7, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Oct. 7, 2020

Oct. 7, 2020

PACER

Text Order GRANTING 6 Motion to Appear Pro Hac Vice by attorney Seth Hopkins. 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 Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Oct. 7, 2020

Oct. 7, 2020

PACER
40

Unopposed MOTION for Leave to Exceed Page Limitation as to Response in Opposition to Motion for Preliminary Injunction by Greg Abbott, Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
41

Opposed MOTION to Exclude Plaintiffs' Expert Declarations of Daniel A. Smith and Matthew A. Barreto by Greg Abbott, Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 10/08/2020)

1 Proposed Order

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Oct. 8, 2020

Oct. 8, 2020

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42

MOTION to Strike Exhibits to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by Greg Abbott, Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 10/08/2020)

1 Proposed Order

View on PACER

Oct. 8, 2020

Oct. 8, 2020

RECAP
43

Response in Opposition to Motion, filed by Greg Abbott, Ruth Hughs, re 15 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Ralph Edelbach, Plaintiff Texas League of United Latin American Citizens, Plaintiff League of Women Voters of Texas, Plaintiff Barbara Mason, Plaintiff National League of United Latin American Citizens (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit Declaration of Patrick K. Sweeten, # 15 Proposed Order)(Sweeten, Patrick) (Entered: 10/08/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit Declaration of Patrick K. Sweeten

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15 Proposed Order

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Oct. 8, 2020

Oct. 8, 2020

RECAP
44

MOTION for Leave to File Amicus Brief by Renea Hicks. by Travis County. (Attachments: # 1 Brief)(Hicks, Max) (Entered: 10/08/2020)

1 Brief

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Oct. 8, 2020

Oct. 8, 2020

RECAP
45

NOTICE of Attorney Appearance by Leslie W. Dippel on behalf of Dana DeBeauvoir (Dippel, Leslie) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
46

NOTICE Advisory in Light of Motions and Responses by John Oldham re 20 Amended MOTION for Temporary Restraining Order and/or Preliminary Injunction, 15 MOTION for Temporary Restraining Order and Preliminary Injunction, 29 Memorandum in Support, (Pfeiffer, Justin) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
47

NOTICE of Attorney Appearance by Sherine Elizabeth Thomas on behalf of Dana DeBeauvoir (Thomas, Sherine) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
48

NOTICE of Attorney Appearance by Sharon Talley on behalf of Dana DeBeauvoir. Attorney Sharon Talley added to party Dana DeBeauvoir(pty:dft) (Talley, Sharon) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
49

NOTICE of Attorney Appearance by Cynthia W. Veidt on behalf of Dana DeBeauvoir. Attorney Cynthia W. Veidt added to party Dana DeBeauvoir(pty:dft) (Veidt, Cynthia) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
50

NOTICE of Attorney Appearance by Andrew M. Williams on behalf of Dana DeBeauvoir. Attorney Andrew M. Williams added to party Dana DeBeauvoir(pty:dft) (Williams, Andrew) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

RECAP
51

NOTICE Supplemental Advisory by Chris Hollins (Attachments: # 1 Affidavit Supplemental Declaration of Christopher G. Hollins)(Hays, Susan) (Entered: 10/08/2020)

1 Affidavit Supplemental Declaration of Christopher G. Hollins

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Oct. 8, 2020

Oct. 8, 2020

PACER
52

BRIEF in Support of 15 MOTION for Temporary Restraining Order and Preliminary Injunction by Disability Rights Texas. (dm) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

RECAP
53

BRIEF in Support of 15 MOTION for Temporary Restraining Order and Preliminary Injunction by The Lincoln Project. (dm) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

RECAP
58

Minute Entry for proceedings held before Judge Robert Pitman: Motion Hearing held on 10/8/2020 re 20 Amended MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Ralph Edelbach, Texas League of United Latin American Citizens, Texas Legislative Black Caucus, Mexican American Legislative Caucus, Texas House of Representatives, League of Women Voters of Texas, Barbara Mason, National League of United Latin American Citizens. Motion taken under advisement. Written order forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Pamela Andasola.)(dm) (Entered: 10/09/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER

Order on Motion for Leave to File Excess Pages

Oct. 8, 2020

Oct. 8, 2020

PACER

Text Order GRANTING 34 Motion for Leave to File Amicus Brief entered by Judge Robert Pitman. IT IS ORDERED that The Lincoln Project's Motion for Leave to File Amicus Brief, Dkt. 34, is granted. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

Oct. 8, 2020

Oct. 8, 2020

PACER

Text Order GRANTING 44 Motion for Leave to File Amicus Brief entered by Judge Robert Pitman. IT IS ORDERED that Travis County's Motion for Leave to File Amicus Brief, Dkt. 44, is granted. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

Oct. 8, 2020

Oct. 8, 2020

PACER

Text Order GRANTING 36 Motion for Leave to File Amicus Brief entered by Judge Robert Pitman. IT IS ORDERED that Motion for Leave to File Amicus Brief by ADAPT Texas, REV UP Texas, and Disability Rights Texas, Dkt. 36, is granted. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

Oct. 8, 2020

Oct. 8, 2020

PACER

Order on Motion for Leave to File Amicus Brief

Oct. 8, 2020

Oct. 8, 2020

PACER

Text Order GRANTING 40 Unopposed Motion for Leave to File Excess Pages entered by Judge Robert Pitman. State Defendants' combined response to Plaintiffs' motion for preliminary injunction is limited to no more than 36 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

Oct. 8, 2020

Oct. 8, 2020

PACER
54

Acknowledgment of Service returned by Texas Legislative Black Caucus, League of Women Voters of Texas, Mexican American Legislative Caucus, Texas House of Representatives, National League of United Latin American Citizens, Ralph Edelbach, Texas League of United Latin American Citizens, Barbara Mason. Greg Abbott served on 10/5/2020, answer due 11/4/2020. (Dunn, Chad) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
55

Acknowledgment of Service returned by Texas Legislative Black Caucus, League of Women Voters of Texas, Mexican American Legislative Caucus, Texas House of Representatives, National League of United Latin American Citizens, Ralph Edelbach, Texas League of United Latin American Citizens, Barbara Mason. Ruth Hughs served on 10/5/2020, answer due 11/4/2020. (Dunn, Chad) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
56

ADVISORY TO THE COURT by Ralph Edelbach, League of Women Voters of Texas, Barbara Mason, Mexican American Legislative Caucus, Texas House of Representatives, National League of United Latin American Citizens, Texas League of United Latin American Citizens, Texas Legislative Black Caucus. (Attachments: # 1 USDC Ohio Decision)(Dunn, Chad) (Entered: 10/09/2020)

1 USDC Ohio Decision

View on PACER

Oct. 9, 2020

Oct. 9, 2020

RECAP
57

Acknowledgment of Service returned by Chris Hollins. Chris Hollins served on 10/5/2020, answer due 11/4/2020. (Hays, Susan) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
59

WAIVER OF SERVICE Returned Executed by Texas Legislative Black Caucus, League of Women Voters of Texas, Mexican American Legislative Caucus, Texas House of Representatives, National League of United Latin American Citizens, Ralph Edelbach, Texas League of United Latin American Citizens, Barbara Mason as to John Oldham. Waiver sent on 10/2/2020, answer due 12/1/2020. (Dunn, Chad) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
60

WAIVER OF SERVICE Returned Executed by Texas Legislative Black Caucus, League of Women Voters of Texas, Mexican American Legislative Caucus, Texas House of Representatives, National League of United Latin American Citizens, Ralph Edelbach, Texas League of United Latin American Citizens, Barbara Mason as to Dana DeBeauvoir. Waiver sent on 10/5/2020, answer due 12/4/2020. (Dunn, Chad) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
61

ORDER (1) GRANTING IN PART and DENYING IN PART 31 Motion to Dismiss; and (2) GRANTING 15, 20 Plaintiffs' Motions for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Robert Pitman. (jg3) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

Clearinghouse
62

ORDER DENYING 42 Motion to Strike Exhibits. Signed by Judge Robert Pitman. (jg3) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

RECAP
63

Appeal of Order entered by District Judge 61 by Ruth Hughs. ( Filing fee $ 505 receipt number 0542-14059116) (Disher, Todd) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

Clearinghouse

Order on Motion to Appear Pro Hac Vice

Oct. 9, 2020

Oct. 9, 2020

PACER

Text Order GRANTING 35 Motion to Appear Pro Hac Vice by attorney Mario Nicolais. 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 Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Oct. 9, 2020

Oct. 9, 2020

PACER

NOTICE OF APPEAL following 63 Notice of Appeal (E-Filed) by Ruth Hughs. Filing fee $ 505, receipt number 0542-14059116. 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. (dm)

Oct. 9, 2020

Oct. 9, 2020

PACER
65

ORDER of USCA (certified copy); re Notice of Appeal. IT IS ORDERED that appellants motion for a temporary administrative stay while the court considers the motion for stay pending appeal is GRANTED. (dm) (Entered: 10/14/2020)

Oct. 10, 2020

Oct. 10, 2020

Clearinghouse
64

Transcript filed of Proceedings held on October 08, 2020, Proceedings Transcribed: Preliminary Injunction. Court Reporter/Transcriber: Pamela J. Andasola, pjandasola@comcast.net Telephone number: (512) 391-8540. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 11/2/2020, Redacted Transcript Deadline set for 11/12/2020, Release of Transcript Restriction set for 1/11/2021, (pa) (Entered: 10/12/2020)

Oct. 12, 2020

Oct. 12, 2020

PACER
66

OPINION of USCA (certified copy); re Notice of Appeal. (dm) (Entered: 10/14/2020)

Oct. 12, 2020

Oct. 12, 2020

Clearinghouse

Notice of Appeal

Oct. 13, 2020

Oct. 13, 2020

PACER
67

TRANSCRIPT REQUEST by Ruth Hughs. Proceedings Transcribed: Hearing on motion for preliminary injunction. Transcript already on file.. (Sweeten, Patrick) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER

Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re 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 (dm)

Nov. 13, 2020

Nov. 13, 2020

PACER

Appeal Record Accepted and Available Electronically

Nov. 16, 2020

Nov. 16, 2020

PACER
68

Withdraw As Attorney

Feb. 26, 2021

Feb. 26, 2021

PACER
69

USCA Order (NOT Judgment/Mandate)

March 4, 2021

March 4, 2021

RECAP
70

USCA Judgment/Mandate

March 18, 2021

March 18, 2021

Clearinghouse
71

Order

March 24, 2021

March 24, 2021

Clearinghouse
72

Judgment

March 24, 2021

March 24, 2021

Clearinghouse

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Oct. 1, 2020

Closing Date: March 24, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Plaintiffs are residents of Texas who faced difficulty voting due to having ballot dropbox locations reduced prior to election day, including members of the League of Women Voters of Texas the Texas League of United Latin American Citizens (LULAC), and two individuals who vote in Texas.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The State of Texas, State

Ruth Hughs, State

County Clerk (Travis), County

County Clerk (Harris), County

County Elections Administrator (El Paso), County

Count Elections Administrator (Fort Bend), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

Voting access

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Race discrimination

Voting:

Election administration