Case: Disability Law Center of Alaska v. Meyer

3:20-cv-00173 | U.S. District Court for the District of Alaska

Filed Date: July 20, 2020

Closed Date: Sept. 27, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This case was filed on July 17, 2020 by three nonprofit advocacy groups and two individual plaintiffs in Alaska, seeking injunctive relief enjoining the state from only sending mail absentee applications to voters over 65 years old for the 2020 federal elections and a declaration that the state's policy was unconstitutional. On September 3, 2020, the court denied the plaintiff's motion for a preliminary injunction. The plaintiffs appealed the denial of the preliminary injuncti…

COVID-19 Summary: This case was filed on July 17, 2020 by three nonprofit advocacy groups and two individual plaintiffs in Alaska, seeking injunctive relief enjoining the state from only sending mail absentee applications to voters over 65 years old for the 2020 federal elections and a declaration that the state's policy was unconstitutional. On September 3, 2020, the court denied the plaintiff's motion for a preliminary injunction. The plaintiffs appealed the denial of the preliminary injunction, which the Ninth Circuit dismissed as moot in August 2021. The parties stipulated to a dismissal in September 2021. The case is now closed.


This case is a challenge to Alaska's decision to only send mail absentee ballot applications to registered Alaska voters over the age of 65, while excluding all other registered voters. The Disability Law Center of Alaska, Native Peoples Action Community Fund, Alaska Public Interest Research Group, and two individual plaintiffs filed this action in the Alaska Superior Court for the Third Judicial District on July 17, 2020. The plaintiffs, represented by Equal Citizens and private counsel, sued the Lieutenant Governor and the Division of Elections, arguing that the state's absentee voting application procedure violated the First, Fourteenth, and Twenty-Sixth Amendments to the U.S. Constitution, various provisions of the Alaska Constitution, Title II of the Americans with Disabilities Act (ADA), and the Voting Rights Act. The plaintiffs sought declaratory judgment and several forms of injunctive relief. The case was removed to the U.S. District Court for the District of Alaska on July 20.

This case is about the decision by the Alaska Lieutenant Governor to send registered Alaskan voters over the age of 65 an absentee ballot application. The plaintiffs argued that this policy violated the Twenty-Sixth Amendment's prohibition on the abridgment of voting rights for eligible voters. The plaintiffs argued that the Twenty-Sixth Amendment prohibits all practices by a government that makes it more difficult for one group to exercise their right to vote compared with another group, if the competing groups are defined by age. Similarly, the plaintiffs argued that the Alaska Constitution's provision granting an equal right to vote was violated in this case.

The plaintiffs also argued that the mailing of absentee ballot applications violated the First and Fourteenth Amendments. They asserted that the right to vote is fundamental and that any infringement on that right can only survive scrutiny if the state establishes a compelling interest and that its action is closely tailored to effectuate that interest and it the least onerous path to achieve the objective. The plaintiffs concluded that any interest by the state in avoiding additional costs of expanding the mailing to all voters was outweighed by the burden to younger voters.

Lastly, the plaintiffs argued that the state's absentee voting application policy violated their rights under Title II of the Americans with Disabilities Act and the Voting Rights Act. The plaintiffs claimed that the state's policy would discriminate against voters with disabilities under the age of 65. They argued that a reasonable accommodation under the ADA would require mailing an absentee ballot application to every Alaskan with a disability, regardless of age. The plaintiffs also claimed that the state's deadline for absentee ballot requests violated the Voting Rights Act because the state's deadline was set three days before the deadline set in the federal Voting Rights Act.

The plaintiffs sought declarations that the state's policy was unconstitutional and injunctive relief requiring the state to send absentee ballot applications to all qualified voters regardless of age and requiring the state to accept all absentee ballot applications up to seven days before the election, according to the Voting Rights Act. The case was assigned to Judge Joshua M. Kindred.

On July 22, 2020, the plaintiffs filed a motion for a preliminary injunction. On September 3, 2020, Judge Kindred denied the motion. 484 F. Supp. 3d 693. The court concluded that the plaintiffs failed to establish that the public interest is favored by their requested injunction. The court noted that the state had already extended the ability to vote by mail for all voters and that it was not clear that providing written absentee applications to all voters would be in the public interest. Likewise, the court concluded that the plaintiffs failed to establish that the balance of the equities tips in their favor. The court noted that it must give deference to the states in their chosen approach to conducting elections.

In determining whether the plaintiffs were likely to succeed on the merits of their case, the court again cited the deference paid to states when conducting elections and concluded that the burden imposed by the defendants' policies did not warrant strict scrutiny by the court. The court found that the Twenty-Sixth Amendment was not implicated in this case because the right to vote was not abridged by any of the defendants' policies. In addition, the court found that the defendants' policies did not violate the Equal Protection Clause of the Fourteenth Amendment because the state's policies did not restrict mail-in voting to any particular age group or otherwise restrict the right to vote. The court also found that the defendants' actions could not be described as unfair, irrational, or arbitrary and were therefore likely to survive a rational basis review and were unlikely to be found to violate the plaintiffs' substantive due process. Lastly, the court found that the plaintiffs' requested injunction would actually increase the likelihood that Alaska's voters would be irreparably harmed due to increased administrative burdens caused by an increased volume of vote-by-mail applications.

On September 4, 2020, the plaintiffs appealed the court's denial of the preliminary injunction to the Ninth Circuit. In addition, the plaintiffs filed a motion for an injunction pending the appeal in the district court. The plaintiffs made a similar emergency motion before the Ninth Circuit, requesting a preliminary injunction pending the appeal. Both the district and appellate courts denied the motions in September 2020.

The district court directed the parties on December 17, 2020, to confer and file a joint status report by January 15, 2021. The parties engaged in oral argument in the before the Ninth Circuit in August 2021. On August 24, the Ninth Circuit dismissed the plaintiffs' appeal of the district court's denial of a preliminary injunction as moot. 857 Fed. App'x. 284 (Mem). The court stated that since the 2020 election had passed, they could no longer grant any effective relief sought by the motion for a preliminary injunction and left further proceedings to the district court. On September 27, 2021, the parties stipulated to a dismissal of the case with prejudice. The district court dismissed the case the same day. The case is now closed.

Summary Authors

Nicholas Gillan (10/28/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17365882/parties/disability-law-center-of-alaska-v-meyer/


Judge(s)

Bade, Bridget Shelton (Arizona)

Christen, Morgan (Alaska)

Kindred, Joshua Michael None (Alaska)

Miller, Eric David (Washington)

O'Scannlain, Diarmuid Fionntain (Oregon)

Rawlinson, Johnnie B. (Nevada)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Baker, Keri-Ann (Alaska)

Donofrio, Michael (Louisiana)

Gottstein, Samuel G. (Alaska)

Judge(s)

Bade, Bridget Shelton (Arizona)

Christen, Morgan (Alaska)

Kindred, Joshua Michael None (Alaska)

Miller, Eric David (Washington)

O'Scannlain, Diarmuid Fionntain (Oregon)

Rawlinson, Johnnie B. (Nevada)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Baker, Keri-Ann (Alaska)

Donofrio, Michael (Louisiana)

Gottstein, Samuel G. (Alaska)

Harrow, Jason (District of Columbia)

Kendall, Scott M. (Alaska)

Attorneys(s) for Defendant

Amodio, Thomas P (Alaska)

Flynn, Thomas (Alaska)

Paton-Walsh, Margaret A (Alaska)

Other Attorney(s)

Richards, Craig W. (Alaska)

Documents in the Clearinghouse

Document

3:20-cv-00173

3AN-20-07060-CI

0:20-35778

Docket [PACER]

Sept. 27, 2021

Sept. 27, 2021

Docket
1-1

3:20-cv-00173

3AN-20-07060-CI

Complaint for Declaratory and Injunctive Relief

Alaska state trial court

July 20, 2020

July 20, 2020

Complaint
8-1

3:20-cv-00173

Amended Complaint

July 22, 2020

July 22, 2020

Complaint
13

3:20-cv-00173

Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction (Oral Argument Requested)

July 22, 2020

July 22, 2020

Pleading / Motion / Brief
36

3:20-cv-00173

Order Denying Motion for Preliminary Injunction

Sept. 3, 2020

Sept. 3, 2020

Order/Opinion
38

3:20-cv-00173

Motion for Injunction Pending Appeal

Sept. 4, 2020

Sept. 4, 2020

Pleading / Motion / Brief
21

3:20-cv-00173

0:20-35778

Order

U. S. Court of Appeals for the Ninth Circuit

Sept. 22, 2020

Sept. 22, 2020

Order/Opinion
21

3:20-cv-00173

0:20-35778

Order

U. S. Court of Appeals for the Ninth Circuit

Sept. 22, 2020

Sept. 22, 2020

Order/Opinion
46-1

3:20-cv-00173

0:20-35778

Memorandum

U. S. Court of Appeals for the Ninth Circuit

857 Fed.Appx. 284

Aug. 24, 2021

Aug. 24, 2021

Order/Opinion
56

3:20-cv-00173

Order of Dismissal with Prejudice

Sept. 27, 2021

Sept. 27, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17365882/disability-law-center-of-alaska-v-meyer/

Last updated July 23, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by All Defendants Defendant's Notice of Removal from Superior Court for the State of Alaska Third Judicial District at Anchorage, case number 3AN-20-07060CI. ( Filing fee $ 400 receipt number 097--2908757), filed by All Defendants. (Attachments: # 1 Exhibit Complaint)(Paton-Walsh, Margaret) (Entered: 07/20/2020)

1 Exhibit Complaint

View on RECAP

July 20, 2020

July 20, 2020

RECAP
2

Civil Cover Sheet. (Paton-Walsh, Margaret) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
3

ORDER to Petitioner Subsequent to Removal: Service list due within 10 days. State Court documents due within 20 days. (LMH, COURT STAFF) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
4

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Jason Harrow. ( Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2909546.) by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover.(Harrow, Jason) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
5

NOTICE OF FILING STATE COURT SERVICE LIST by All Defendants (Paton-Walsh, Margaret) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
6

NOTICE Notice of Completed Filing by State of Alaska, Division of Elections (Paton-Walsh, Margaret) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
7

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Michael Donofrio. ( Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2909962.) by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Attachments: # 1 Certificate of Good Standing)(Donofrio, Michael) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
8

MOTION to Amend/Correct 1 Notice of Removal, by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Attachments: # 1 Exhibit Exhibit 1)(Kendall, Scott) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
9

NOTICE Proposed Order Granting Motion to Amend Complaint by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover re 8 MOTION to Amend/Correct 1 Notice of Removal, (Kendall, Scott) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
10

STIPULATION re Briefing Schedule by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Attachments: # 1 Proposed Order Proposed Order)(Kendall, Scott) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
11

STIPULATION on Overlength Briefing by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Attachments: # 1 Proposed Order Proposed Order)(Kendall, Scott) (Entered: 07/22/2020)

1 Proposed Order Proposed Order

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July 22, 2020

July 22, 2020

RECAP
12

MOTION for Preliminary Injunction by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Attachments: # 1 Proposed Order Proposed Order)(Kendall, Scott) (Entered: 07/22/2020)

1 Proposed Order Proposed Order

View on PACER

July 22, 2020

July 22, 2020

RECAP
13

MEMORANDUM in Support of Motion for Preliminary Injunction by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover 12 MOTION for Preliminary Injunction filed by Aleija Stover, Disability Law Center of Alaska, Alaska Public Interest Research Group, Native Peoples Action Community Fund, Camille Rose Nelson. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Kendall, Scott) (Entered: 07/22/2020)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

View on PACER

July 22, 2020

July 22, 2020

RECAP
14

AFFIDAVIT of Scott M. Kendall re 13 Memorandum,, 12 MOTION for Preliminary Injunction by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Kendall, Scott) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
15

CLERK'S NOTICE re 4 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Jason Seth Harrow, at docket 4, is authorized under D.Ak. LR 83.1(d). (RMC, COURT STAFF) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
16

CLERK'S NOTICE re 7 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Michael Nicholas Donofrio, at docket 7, is authorized under D.Ak. LR 83.1(d). (RMC, COURT STAFF) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER

Clerks Notice Approving Non-Resident Attorney Application

July 27, 2020

July 27, 2020

PACER
17

MOTION to Intervene by Alaska Community Action On Toxics, Planned Parenthood Votes Northwest and Hawaii, Alaska Center Education Fund. (Attachments: # 1 Supplement Memorandum in Support of Motion to Intervene, # 2 Proposed Order)(Amodio, Thomas) (Entered: 07/28/2020)

1 Supplement Memorandum in Support of Motion to Intervene

View on RECAP

2 Proposed Order

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July 28, 2020

July 28, 2020

RECAP
18

JOINDER TO MOTION FOR PRELIMINARY INJUNCTION by Alaska Center Education Fund, Alaska Community Action On Toxics, Planned Parenthood Votes Northwest and Hawaii 12 MOTION for Preliminary Injunction filed by Aleija Stover, Disability Law Center of Alaska, Alaska Public Interest Research Group, Native Peoples Action Community Fund, Camille Rose Nelson. (Amodio, Thomas) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
19

ORDER granting 11 Stipulation. Signed by Judge Joshua M. Kindred on 7/28/2020. (LLR, CHAMBERS STAFF) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

RECAP
20

SEALED ORDER RE BRIEFING SCHEDULE; granting re 10 Stipulation re Briefing Schedule. Motion for Preliminary Injunction due 7/22/20; Responses due by 8/3/2020; Replies due by 8/10/2020. Virtual Oral Argument set for 8/25/2020 9:00 a.m. in Virtual Courtroom 1 before Joshua M. Kindred. Signed by Judge Joshua M. Kindred on 7/28/20. (Attachments: # 1 Virtual Courtroom 1 Quick Guide)(RMC, COURT STAFF) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
21

RESPONSE to Motion (Non-Opposition) re 17 MOTION to Intervene Plaintiffs' Non-Opposition to Amici Participation filed by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Kendall, Scott) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
22

RESPONSE in Opposition re 12 MOTION for Preliminary Injunction Opposition to Motion for Preliminary Injunction filed by State of Alaska, Division of Elections. (Paton-Walsh, Margaret) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
23

DECLARATION of Anne Zink re 22 Response in Opposition to Motion by State of Alaska, Division of Elections. (Paton-Walsh, Margaret) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
24

DECLARATION of Gail Fenumiai re 22 Response in Opposition to Motion by State of Alaska, Division of Elections. (Paton-Walsh, Margaret) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
25

DECLARATION of Josh Applebee re 22 Response in Opposition to Motion by State of Alaska, Division of Elections. (Paton-Walsh, Margaret) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
26

Amicus Brief by Honest Elections Project. (Attachments: # 1 Exhibit)(Richards, Craig) Modified on 8/12/2020 to change docket text per Order dkt 29. (RMC, COURT STAFF). (Entered: 08/03/2020)

1 Exhibit

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Aug. 3, 2020

Aug. 3, 2020

RECAP
27

RESPONSE in Opposition re 17 MOTION to Intervene Opposition to Motion to Intervene filed by State of Alaska, Division of Elections. (Paton-Walsh, Margaret) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
28

REPLY to Response to Motion re 12 MOTION for Preliminary Injunction Plaintiffs' Reply In Support of Motion for Preliminary Injunction filed by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Kendall, Scott) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
29

Order re: Intervention and Briefs of Amici Curiae (Dockets 17, 18, 26). (LLR, CHAMBERS STAFF) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

RECAP
30

NOTICE of Appearance by Keri-Ann Baker on behalf of Alaska Center Education Fund, Alaska Community Action On Toxics, Disability Law Center of Alaska, Planned Parenthood Votes Northwest and Hawaii (Baker, Keri-Ann) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP
31

MOTION for Extension of Time to File Amicus Brief by Alaska Center Education Fund, Alaska Community Action On Toxics, Disability Law Center of Alaska, Planned Parenthood Votes Northwest and Hawaii. (Attachments: # 1 Affidavit Affidavit of Counsel, # 2 Proposed Order)(Baker, Keri-Ann) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
32

ORDER granting 31 Motion for Extension of Time to File. Signed by Judge Joshua M. Kindred on 8/19/2020. (LLR, CHAMBERS STAFF) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
33

Amicus Curiae APPEARANCE entered by Keri-Ann Baker on behalf of Alaska Center Education Fund, Alaska Community Action On Toxics, Planned Parenthood Votes Northwest and Hawaii. (Baker, Keri-Ann) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
34

Minute Entry for proceedings held before Judge Joshua M. Kindred: Oral Argument on Motion for Preliminary Injunction 12 held 9:04 a.m. to 10:07 a.m. on 8/25/2020. Court and counsel heard re 12 Motion for Preliminary Injunction. Oral arguments heard. Matter TAKEN UNDER ADVISEMENT. Written ruling to issue. VIRTUAL APPEARANCES: Scott M. Kendall telephonic for Plaintiff; Jason Seth Harrow and Michael Nicholas Donofrio via Video for Plaintiff; Margaret A. Paton-Walsh via Video for Defendant; Kerry Ann Baker telephonic for Intervenor Plaintiff; Sonja L. Reeves, Official Court Reporter. (RMC, COURT STAFF) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

Motion Hearing

Aug. 25, 2020

Aug. 25, 2020

PACER
35

ANSWER to Complaint Answer by All Defendants.(Paton-Walsh, Margaret) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
36

ORDER denying 12 Motion for Preliminary Injunction. Signed by Judge Joshua M. Kindred on 9/3/2020. (LLR, CHAMBERS STAFF) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

RECAP
37

NOTICE OF APPEAL as to 36 Order on Motion for Preliminary Injunction by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. Filing fee $ 505, receipt number 097--2934382. (Kendall, Scott) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
38

MOTION re 37 Notice of Appeal, Motion for Injunction Pending Appeal by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Attachments: # 1 Proposed Order Proposed Order)(Kendall, Scott) (Entered: 09/04/2020)

1 Proposed Order Proposed Order

View on PACER

Sept. 4, 2020

Sept. 4, 2020

RECAP
40

USCA Case Number 20-35778 for 37 Notice of Appeal, filed by Aleija Stover, Disability Law Center of Alaska, Alaska Public Interest Research Group, Native Peoples Action Community Fund, Camille Rose Nelson. (BJK, COURT STAFF) (Entered: 09/14/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
39

RESPONSE in Opposition re 38 MOTION re 37 Notice of Appeal, Motion for Injunction Pending Appeal Opposition to Motion for Injunction Pending Appeal filed by State of Alaska, Division of Elections. (Paton-Walsh, Margaret) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

RECAP
41

ORDER denying 38 Motion for Injunction Pending Appeal. Signed by Judge Joshua M. Kindred on 9/18/2020. (LLR, CHAMBERS STAFF) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
42

TRANSCRIPT of Proceedings ; Remote Proceeding by Videoconference, Oral Argument on Motion for Preliminary Injunction held on August 25, 2020 before Judge Joshua M. Kindred. Realtime Court Reporter: Sonja L. Reeves, RMR-CRR. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, Sonja L. Reeves, RMR-CRR (907) 677-6136. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 12/21/2020. Ordered by: Scott Kendall (SLR) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
43

ORDER of USCA as to 37 Notice of Appeal, filed by Aleija Stover, Disability Law Center of Alaska, Alaska Public Interest Research Group, Native Peoples Action Community Fund, Camille Rose Nelson: 20-35778 The motions for leave to become amici curiae are granted. The Clerk shall file the amicus briefs submitted on September 16, 2020 and September 17, 2020. Appellants emergency motion for injunctive relief pending appeal is denied. The briefing schedule established previously remains in effect. (BJK, COURT STAFF) (Entered: 09/28/2020)

Sept. 22, 2020

Sept. 22, 2020

RECAP
44

JMK TEXT ORDER granting 8 Motion to Amend/Correct. The parties are directed to confer and file a joint status report no more than 2 pages by January 15, 2021, indicating the status of the instant case in district court, given the progress of the USCA appeal. (RMC, COURT STAFF) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER

Order on Motion to Amend/Correct

Dec. 17, 2020

Dec. 17, 2020

PACER
45

STATUS REPORT Joint by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Kendall, Scott) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

RECAP
46

JMK TEXT ORDER: The Court has reviewed and accepts the Joint Status Report at Docket 45 . A further Joint Status Report of no more than 2 pages shall be filed on or before 7/13/2021 (or sooner should a significant event occur), indicating the status of the instant case and the progress of the appeal to the Ninth Circuit. (LLR, CHAMBERS STAFF) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER

~Util - Set Deadlines AND Order

Jan. 14, 2021

Jan. 14, 2021

PACER
47

NOTICE of Appearance by Thomas Flynn on behalf of State of Alaska, Division of Elections (Flynn, Thomas) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

RECAP
48

STATUS REPORT Joint by State of Alaska, Division of Elections. (Flynn, Thomas) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

RECAP
49

JMK TEXT ORDER: The Court has reviewed and accepts the Joint Status Report at Docket 48 . A further Joint Status Report of no more than 2 pages shall be filed on or before 9/13/2021 (or sooner should a significant event occur), indicating the status of the instant case and the progress of the appeal to the Ninth Circuit. (LLR, CHAMBERS STAFF) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER

~Util - Set Deadlines AND Order

July 14, 2021

July 14, 2021

PACER
50

MEMORANDUM/ORDER of USCA as to 37 Notice of Appeal, filed by Aleija Stover, Disability Law Center of Alaska, Alaska Public Interest Research Group, Native Peoples Action Community Fund, Camille Rose Nelson: 20-35778 FILED MEMORANDUM DISPOSITION (KIM MCLANE WARDLAW, ERIC D. MILLER and BRIDGET S. BADE) DISMISSED AS MOOT. FILED AND ENTERED JUDGMENT. (BJK, COURT STAFF) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

RECAP
51

STATUS REPORT by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Harrow, Jason) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

RECAP
52

JMK TEXT ORDER: The Court has reviewed and accepts the Status Report at Docket 51 . A further Joint Status Report of no more than 2 pages shall be filed on or before 9/27/2021, providing a more definitive idea of the expected next steps in this case. (LLR, CHAMBERS STAFF) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER

~Util - Set Deadlines AND Order

Sept. 14, 2021

Sept. 14, 2021

PACER

Order AND ~Util - Set Deadlines

Sept. 14, 2021

Sept. 14, 2021

PACER
53

MANDATE of USCA as to 37 Notice of Appeal, filed by Aleija Stover, Disability Law Center of Alaska, Alaska Public Interest Research Group, Native Peoples Action Community Fund, Camille Rose Nelson: 20-35778 The judgment of this Court, entered August 24, 2021, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. DISMISSED AS MOOT. (BJK, COURT STAFF) (Entered: 09/16/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
54

NOTICE of Change of Law Firm by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover (Kendall, Scott) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

RECAP
55

STIPULATION of Dismissal with prejudice by Alaska Public Interest Research Group, Disability Law Center of Alaska, Native Peoples Action Community Fund, Camille Rose Nelson, Aleija Stover. (Harrow, Jason) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

RECAP
56

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Joshua M. Kindred on 9/27/21. (RMC, COURT STAFF) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

RECAP

Case Details

State / Territory: Alaska

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 20, 2020

Closing Date: Sept. 27, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Disability Law Center of Alaska, Native Peoples Action Community Fund, Alaska Public Interest Research Group, and two individual residents of Alaska

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lieutenant Governor of Alaska (Juneau, Juneau), State

Division of Elections, State of Alaska (Juneau, Juneau), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Voting

Voting access

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

COVID-19:

Mitigation Denied

Mitigation Requested

Voting:

Election administration