TEXAS LULAC V. ABBOTT | Civil Rights Litigation Clearinghouse

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

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Case Summary

This is a case about access to absentee ballot drop-off locations 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 defendants included Texas Governor Greg Abbott, Secretary of State Ruth Hughs, and the elections officials of four counties targeted in the action. The plaintiffs alleged violations of the Voting Rights Act and the First and Fourteenth Amendments, after Governor Abbott issued an order on October 1, 2020—with voting already underway in Texas—limiting absentee ballot return centers to a single location per county and giving county officials less than 24 hours to close the other ballot return centers. The case was assigned to District Court Judge Robert Pitman.

The plaintiffs argued that reducing the number of ballot drop-off locations to one per county impermissibly restricted the ability to vote in violation of the First Amendment. The plaintiffs also claimed that the change arbitrarily disenfranchised voters in violation of the Fourteenth Amendment by imposing disparate burdens based on where people lived, which would have a particularly harmful effect on the elderly; voters in large, rural counties; and voters in highly-populated counties. The plaintiffs argued that, given the size of Texas counties, voters may have already requested absentee ballots they would no longer be able to submit on time. The plaintiffs further alleged that minority groups, such as Latinos, residing in certain counties would face particular difficulties voting, which they asserted amounted to a violation of the Voting Rights Act. The plaintiffs sought declaratory relief, an injunction enjoining enforcement of the Governor's order, and attorneys' fees and costs.

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 only on election day, they had expanded voting rights access. They also pointed to security concerns with multiple drop-off sites.

On October 2, 2020, the plaintiffs filed an emergency motion for a preliminary injunction. They renewed their motion with a full brief on October 5, arguing that they were likely to succeed on the merits of their claims because the order imposed a significant and discriminatory burden on voters and election officials that was not justified by its purported interest in advancing election security. The plaintiffs asserted that voters would suffer irreparable harm absent injunctive relief because the order violated the plaintiffs' fundamental constitutional right to vote and that an injunction was in the public interest. Also on October 5, 2020, the plaintiffs filed an amended complaint, adding as plaintiffs the Mexican American Legislative Caucus of the Texas House of Representatives and the Texas Legislative Black Caucus and otherwise maintaining the substance of the original complaint.

On October 6, 2020, the court consolidated this case with Straty v. Abbott—another case challenging the same ballot drop-off 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 the plaintiffs' constitutional claims were barred by sovereign immunity. They also argued that the Ex parte Young exception to sovereign immunity did not apply because, although it allows suits for injunctive or declaratory relief against state officials, it does so only for those officials tasked with enforcing an action. Governor Abbott and Secretary Hughs asserted that local law enforcement and the Attorney General were responsible for enforcing the executive order. They further argued that neither the organizational nor the individual plaintiffs had standing to bring the suit and that the plaintiffs failed to state a claim upon which relief could be granted. Finally, they argued that the court should abstain under Pullman because the order presented an unsettled issue of state law and there existed a possibility that a state law determination would moot or alter the federal constitutional questions raised. Governor Abbott and Secretary Hughs pointed to In re Hotze, No. 20-0739, a case then before the Supreme Court of Texas on the question of whether the Texas state constitution permitted the Governor to suspend the Election Code.

On leave of the court, The Lincoln Project, Disability Rights Texas, and Travis County filed amicus briefs in support of the plaintiffs' motion for a temporary restraining order or preliminary injunction on October 8, 2020, the same day the court held a hearing on the matter.

On October 9, 2020, Judge Pitman granted in part and denied in part the defendants' motion to dismiss. First, the court found that all of the plaintiffs had sufficiently demonstrated standing. Relying on an earlier Fifth Circuit decision in a case challenging a Texas abortion law, In re Abbott, the court found that the Ex parte Young exception to sovereign immunity did not apply to the Governor since he was not empowered to enforce the law and dismissed the claims against him. On the other hand, the court found that the Ex parte Young exception did apply to Secretary Hughs and declined to dismiss the claims against her, noting that the Texas Election Code clearly tasked the Secretary with enforcing election laws and that the Fifth Circuit had previously held that suits challenging Texas voting laws could be proprly brought against the Secretary of State. Judge Ptiman declined to abstain under Pullman, finding that abstention was inappropriate because the alleged violation of the plaintiffs' right to vote was of sufficient importance for the court to issue a ruling without delay.

The court issued a preliminary injunction, barring county clerks and other state actors from restricting ballot drop boxes to one location per county. Judge Pitman found that the plaintiffs had established a substantial likelihood of success on the merits of their claims, that the violation of a fundamental constitutional right constituted irreparable harm, and that injunctions preventing the violation of constitutional right are always in the public interest. Secretary Hughs immediately appealed the court's decision to the Fifth Circuit.

On October 10, 2020, less than a month before election day, the Fifth Circuit granted Secretary Hughs's motion for an emergency stay pending resolution of her appeal. Two days later, on October 12, the Circuit Court issued an opinion granting a temporary stay of the injunction. The Fifth Circuit found that Secretary Hughs had sufficiently shown she was likely to succeed on her argument that the district court erred in analyzing the plaintiffs' voting rights and equal protection claims. As to the voting rights claims, the Circuit Court agreed with Secretary Hughs that (1) the order was part of the Governor's expansion of opportunities to cast ballots in Texas and did not appear to burden voting at all and (2) Texas had an important regulatory interest in policing how ballots were to be collected and counted, especially mail-in ballots, which the court noted are particularly susceptible to fraud. As to the equal protection claims, the Circuit Court found that Secretary Hughs was likely to prevail because the order applied a uniform rule to every Texas county as part of the expansion of voting access. Turning to irreparable harm, the Fifth Circuit found that an injunction preventing Texas from effectuating its own election procedurs would impose irreparable harm. The Court also found that a stay would not substantially injures the plaintiffs because voters retained numerous avenues for casting their absentee ballots. Finally, the Circuit Court concluded that public interest favored Secretary Hughs, because the interests and harm of a State-appellant merge with the interests and harm of the public. 978 F.3d 136.

The Fifth Circuit decision effectively left each county with a single absentee ballot drop-off location under Governor Abbott's executive order through the entirety of the election process.

On February 22, 2021, the Fifth Circuit vacated the district court's October 9th order issuing a preliminary injunction, denied the plaintiffs' motion to vacate the Fifth Circuit's October 12th opinion, and remanded the case to the district court with instructions to dismiss it as moot. 2021 WL 1446828. The Fifth Circuit provided no additional reasoning in this second opinion. The district court dismissed the action as moot on March 24, 2021.

This case is now closed.

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Summary Authors

Sandy Sulzer (10/19/2022)

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

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Resources

Title	Description		External URL Date / External URL
Texas LULAC v. Abbott Campaign Legal Action Center	The CLAC sued Governor Abbott for changing ballot drop-box rules in 2020 after voting had already begun in the COVID-19 pandemic.	April 12, 2021	April 12, 2021 https://campaignlegal.org/...

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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 March 20, 2023, 3:02 a.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
	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
	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
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) View on PACER 2 Exhibit 2 (Sept. 30 SOS State Supreme Court Filing) View on RECAP 3 Exhibit 3 (Oct. 1 Order) View on PACER 4 Exhibit 4 (Federal Reserve Commute Time Data) View on PACER 5 Exhibit 5 (Travis County Travel Time Map) View on PACER 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.) View on RECAP 13 Exhibit 13 (TDC Data) View on PACER 14 Exhibit 14 (Harris Co. Public Transportation Data) View on PACER 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) View on RECAP 21 Exhibit 21 (Hughs Brief) View on PACER 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 View on PACER 2 Exhibit EX B Oct 1 Proclamation View on PACER 3 Exhibit EX C TC Clerk-Ballot by mail View on PACER	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 View on PACER	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 View on PACER 2 Proposed Order View on PACER	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
	Order on Motion for Leave to File Excess Pages	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
	Order on Motion to Appear Pro Hac Vice	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
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 View on PACER	Oct. 8, 2020	Oct. 8, 2020 RECAP
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 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit Declaration of Patrick K. Sweeten View on PACER 15 Proposed Order View on PACER	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 View on PACER	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 View on PACER	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
	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
	Order on Motion for Leave to File Excess Pages	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
	Order on Motion for Leave to File Amicus Brief	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
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
	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
	Order on Motion to Appear Pro Hac Vice	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 RECAP
71	Order	March 24, 2021	March 24, 2021 RECAP
72	Judgment	March 24, 2021	March 24, 2021 RECAP

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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