Case: Arizona Democratic Party v. Hobbs

2:20-cv-01143 | U.S. District Court for the District of Arizona

Filed Date: June 10, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This lawsuit, initially tracked by being tracked by the Stanford/MIT Healthy Elections Project, was filed on June 10, 2020 by the Arizona Democratic Party, the Democratic National Committee, and the Democratic Senatorial Campaign Committee seeking a modification of Arizona's election procedures for unsigned mail-in ballots. On September 20, 2020, the district court granted the plaintiffs a preliminary and permanent injunction and the defendants appealed. However, on October 6…

COVID-19 Summary: This lawsuit, initially tracked by being tracked by the Stanford/MIT Healthy Elections Project, was filed on June 10, 2020 by the Arizona Democratic Party, the Democratic National Committee, and the Democratic Senatorial Campaign Committee seeking a modification of Arizona's election procedures for unsigned mail-in ballots. On September 20, 2020, the district court granted the plaintiffs a preliminary and permanent injunction and the defendants appealed. However, on October 6, 2020, the Ninth Circuit stayed the injunction, pending the outcome of the appeal.


This case was about the State of Arizona's policy concerning mail-in ballots without a signature. According to state law, mail-in ballots missing a signature must be corrected by the voter by 7 p.m. on voting day. This policy differed from the state's policy regarding mail-in ballots with a signature that does not match the voter's registration record. When a mail-in ballot signature does not match, the voter was afforded five days to correct the signature.

The plaintiffs in this case, the Arizona Democratic Party, the Democratic National Committee, and the Democratic Senatorial Campaign Committee argued that this five-day allowance should be extended to mail-in ballots with no signature. The defendants claimed that the difference between the two policies was reasonable, since election officials could mistakenly identify valid signatures as mismatched. The plaintiffs filed their complaint in the U.S. District Court for the District of Arizona on June 10, 2020. They sued the Arizona Secretary of State and the county recorders of each of Arizona's counties. The plaintiffs argued that the state's policy regarding mail-in ballots with no signature violated the First Amendment and the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment.

The plaintiffs argued that the lack of a cure period for unsigned ballots imposes a severe burden on the right to vote without serving any legitimate state interest. Because of this, the plaintiffs claim, the burden on the plaintiffs' rights imposed by the policy is not outweighed by the state's interests and is thus unconstitutional. The plaintiffs also argued that the lack of a cure period for unsigned balance would deprive some voters of their liberty interest, which was protected by the Due Process Clause of the Fourteenth Amendment. Plaintiffs claim that an extended cure period would safeguard against the deprivation of liberty rights without creating additional burdens on the state.

The plaintiffs requested declaratory judgment, and preliminary and permanent injunctive relief that would enjoin the defendants from requiring election officials to reject mail-in ballots with no signature until the fifth business day after the election. The case was assigned to Judge Douglas L. Rayes.

On the same day the plaintiffs' filed their complaint, they also moved for a preliminary injunction. On June 23, 2020, the court granted the plaintiffs' request to consolidate the hearing on their preliminary injunction motion with the final trial on the merits. This hearing was held on August 18, 2020.

On September 10, 2020, Judge Rayes granted the plaintiffs' motion for a preliminary and permanent injunction. 485 F.Supp.3d 1073. On the plaintiffs' first claim that the defendants' policies violated the First Amendment and the Equal Protection Clause's protection of the right to vote, the court found that the burden on voters created by the state's policy, in the aggregate, would prevent or deter otherwise eligible citizens from voting. The court concluded that the defendants' policies failed to withstand even the most deferential level of scrutiny because the discrepancy between the policy for ballots with mismatched signatures and ballots with no signatures served no legitimate state interest, while burdening the rights of the plaintiffs.

The court also ruled in favor of the plaintiffs on their second claim that the state's policy violated their rights under the Due Process Clause of the Fourteenth Amendment. The court found that the plaintiffs had a liberty interest in having their ballots counted and that this interest is affected by the policy. While the court found the risk that an individual's ballot would be rejected for a missing signature was relatively low, the state's interest in maintaining its election day deadline for curing unsigned signatures lacked justification.

The court directed the defendants to allow voters who are determined to have submitted a ballot without a signature to have the opportunity to correct the missing signature until 5:00 p.m. on the fifth business day after a primary, general, or special election that includes a federal office or the third business day after any other election. On September 10, the same day that the district court ruled for the plaintiffs, the defendants appealed the injunction to the Ninth Circuit and filed emergency motions for a stay of the district court's injunction pending the appeal. On October 6, 2020, the Ninth Circuit granted the defendants' emergency motions for a stay. 976 F.3d 1081.

The Ninth Circuit found that the defendants were likely to succeed on the merits of the appeal, since the burden that the state imposed was minimal on those seeking to exercise their right to vote. The court found that since all ballots must have a deadline, Arizona choosing to make the deadline Election Day itself to facilitate an orderly election was reasonable. The court also found Arizona's explanation of the differences between the policy for mismatched signatures and missing signatures to be reasonable.

As of September 7, 2021, there was no further activity on this case.

Summary Authors

Nicholas Gillan (3/26/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17238686/parties/arizona-democratic-party-v-hobbs/


Judge(s)

Christen, Morgan (Alaska)

Rawlinson, Johnnie B. (Nevada)

Rayes, Douglas Leroy (Arizona)

Attorneys(s) for Plaintiff

Boehm, Joshua (Arizona)

Danneman, Alexis Elizabeth (Arizona)

Elias, Marc Erik (District of Columbia)

Glickman, Ariel Brynne (District of Columbia)

Hamilton, Kevin J. (Washington)

Schirack, Sarah Langberg (Alaska)

Stafford, William B (Washington)

Judge(s)

Christen, Morgan (Alaska)

Rawlinson, Johnnie B. (Nevada)

Rayes, Douglas Leroy (Arizona)

Attorneys(s) for Plaintiff

Boehm, Joshua (Arizona)

Danneman, Alexis Elizabeth (Arizona)

Elias, Marc Erik (District of Columbia)

Glickman, Ariel Brynne (District of Columbia)

Hamilton, Kevin J. (Washington)

Schirack, Sarah Langberg (Alaska)

Stafford, William B (Washington)

Attorneys(s) for Defendant

Angle, Kenneth Andrew (Arizona)

Branco, Joseph James (Arizona)

Brnovich, Mark (Arizona)

Cameron, Craig Charles (Arizona)

Catlett, Michael (Arizona)

Dalton, Jefferson R (Arizona)

Desai, Roopali H. (Arizona)

Dooley, Ryan Norton (Arizona)

Ensign, Drew Curtis (Arizona)

Gaona, D. Andrew (Arizona)

Hanson, Britt Wesley (Arizona)

Haws, Jeffrey Blane (Arizona)

Hunley, Kimberly Janiece (Arizona)

Jurkowitz, Daniel S. (Arizona)

Kanefield, Joseph Andrew (Arizona)

Kerekes, William J. (Arizona)

LaRue, Joseph Eugene (Arizona)

Makar, Robert John (Arizona)

Moore, Jason Stanley (Arizona)

Roberts, Christine Joyce (Arizona)

Roysden, Brunn Wall III (Arizona)

Stoxen, Thomas M (Arizona)

Winkeler, Rose Marie (Arizona)

Wright, Jennifer (Arizona)

Yost, Kristen M. (Arizona)

Young, Joseph D. (Arizona)

Other Attorney(s)

Basile, Thomas (Arizona)

Langhofer, Kory A (Arizona)

McCarthy, Thomas R. (Virginia)

Napolitano, Anthony R. (Arizona)

Norris, Cameron T. (Virginia)

Strawbridge, Patrick (Massachusetts)

Documents in the Clearinghouse

Document

2:20-cv-01143

Docket [PACER]

Sept. 18, 2020

Sept. 18, 2020

Docket
1

2:20-cv-01143

Complaint

June 10, 2020

June 10, 2020

Complaint
116

2:20-cv-01143

State's Notice of Appeal

Sept. 10, 2020

Sept. 10, 2020

Pleading / Motion / Brief
114

2:20-cv-01143

Order

485 F.Supp.3d 1073, 2020 WL 5423898

Sept. 10, 2020

Sept. 10, 2020

Order/Opinion
125

2:20-cv-01143

Order

2020 WL 6555219

Sept. 18, 2020

Sept. 18, 2020

Order/Opinion

2:20-cv-01143

0:20-16759

Order

U. S. Court of Appeals for the Ninth Circuit

976 F.3d 1081

Oct. 6, 2020

Oct. 6, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17238686/arizona-democratic-party-v-hobbs/

Last updated Aug. 5, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

*COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF. Filing fee received: $ 400.00, receipt number 0970-18365612 filed by Democratic National Committee, Arizona Democratic Party, DSCC. (Danneman, Alexis) (Attachments: # 1 Civil Cover Sheet)(MCO) *Modified on 6/11/2020, to correct docket text. (MCO). (Entered: 06/10/2020)

1 Civil Cover Sheet

View on PACER

June 10, 2020

June 10, 2020

RECAP
2

MOTION FOR PRELIMINARY AND PERMANENT INJUCTION; MEMORANDUM OF POINTS AND AUTHORITIES (ORAL ARGUMENT REQUESTED) for Temporary Restraining Order by Arizona Democratic Party, DSCC, Democratic National Committee. (Danneman, Alexis) (Attachments: # 1 Declaration of Alexis E Danneman in Support of Plaintiff's Motion for Preliminary Injunction, # 2 Exhibit, # 3 Text of Proposed Order)(MCO) (Entered: 06/10/2020)

1 Declaration of Alexis E Danneman in Support of Plaintiff's Motion for Prel

View on PACER

2 Exhibit

View on RECAP

3 Text of Proposed Order

View on PACER

June 10, 2020

June 10, 2020

PACER
3

Corporate Disclosure Statement by Arizona Democratic Party. (Danneman, Alexis) (MCO) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
4

Corporate Disclosure Statement by Democratic National Committee. (Danneman, Alexis) (MCO) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
5

Corporate Disclosure Statement by DSCC. (Danneman, Alexis) (MCO) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
6

SUMMONS Submitted by Arizona Democratic Party, DSCC, Democratic National Committee. (Danneman, Alexis) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(MCO) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
7

Filing fee paid, receipt number 0970-18365612. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-20-1143-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
8

Summons Issued as to Sadie Jo Bingham, Kristi Blair, Adrian Fontes, Richard Garcia, Patty Hansen, Katie Hobbs, Leslie Hoffman, Wendy John, Sharie Milheiro, Robyn Stallworth Pouquette, F Ann Rodriguez, Virginia Ross, Suzanne Sainz, Michael Sample, David Stevens, Edison Wauneka. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
9

*VACATED by Doc. 10* ORDER: Plaintiffs shall serve Defendants with the summons, complaint, preliminary injunction motion, and copy of this order as soon as practicable, but by no later than 6/16/2020. By no later than 6/22/2020, the parties shall confer regarding a proposed briefing and hearing schedule on Plaintiffs' motion. Telephonic Status Conference set for 6/23/2020 at 03:00 PM before Judge Douglas L Rayes. The parties will be provided with call-in instruction via a separate email. Signed by Judge Douglas L Rayes on 6/10/2020. (MMO) Modified on 6/10/2020 (MMO). (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
10

ORDER: IT IS ORDERED vacating the Court's 9 Order issued in error. A revised Order shall be issued. Ordered by Judge Douglas L Rayes on 6/10/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
11

ORDER: Plaintiffs shall serve Defendants with the summons, complaint, injunction motion, and copy of this order as soon as practicable, but by no later than 6/16/2020. By no later than 6/2/2020, the parties shall confer regarding: (see Order for details). Telephonic Status Conference set for 6/23/2020 at 03:00 PM before Judge Douglas L Rayes. The parties will be provided with call-in instruction via a separate email. Signed by Judge Douglas L Rayes on 6/10/2020. (MMO) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

RECAP

Order

June 10, 2020

June 10, 2020

PACER
12

NOTICE of Appearance by William J Kerekes on behalf of Robyn Stallworth Pouquette. (Kerekes, William) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
13

* NOTICE of Appearance by Jason Stanley Moore on behalf of Michael Sample. (Moore, Jason) * Document not in compliance with Local Rule; attorney noticed on 6/18/2020 (LAD). (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER

Remark re Pro Hac Vice Motion

June 17, 2020

June 17, 2020

PACER
14

NOTICE of Appearance by Rose Marie Winkeler on behalf of Patty Hansen. (Winkeler, Rose) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER

Remark: Pro hac vice motion(s) granted for Kevin J Hamilton on behalf of Plaintiffs Arizona Democratic Party, DSCC, Democratic National Committee. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 17, 2020

June 17, 2020

PACER
15

NOTICE of Appearance by Joseph Eugene LaRue on behalf of Adrian Fontes. (LaRue, Joseph) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
16

MOTION to Intervene by State of Arizona. (Attachments: # 1 Affidavit Makar Declaration, # 2 Text of Proposed Order Proposed Order)(Ensign, Drew) (Entered: 06/17/2020)

1 Affidavit Makar Declaration

View on RECAP

2 Text of Proposed Order Proposed Order

View on PACER

June 17, 2020

June 17, 2020

RECAP
18

NOTICE TO FILER OF DEFICIENCY re: 13 Notice of Appearance/Association of Counsel filed by Michael Sample. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please note for future filings. No further action is required. It is not necessary to refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) (Entered: 06/18/2020)

June 17, 2020

June 17, 2020

PACER
17

NOTICE of Appearance by Thomas M Stoxen on behalf of Leslie Hoffman. (Stoxen, Thomas) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

Remark re Pro Hac Vice Motion

June 18, 2020

June 18, 2020

PACER
19

* NOTICE of Appearance by Craig Charles Cameron on behalf of Virginia Ross. (Cameron, Craig) * Document not in compliance with Local Rule; attorney noticed on 6/19/2020 (LAD). (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
20

ORDER: The Court has reviewed the State of Arizona's motion to intervene. The motion indicates that only Plaintiffs object to the request. It is ordered that Plaintiffs shall respond to the motion by no later than noon on 6/19/2020. Ordered by Judge Douglas L Rayes on 6/18/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
21

NOTICE of Appearance by Roopali H Desai on behalf of Katie Hobbs. (Desai, Roopali) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
22

NOTICE of Appearance by Jeffrey Blane Haws on behalf of Kristi Blair. (Haws, Jeffrey) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

Remark: Pro hac vice motion(s) granted for William B Stafford on behalf of Plaintiffs Arizona Democratic Party, DSCC, Democratic National Committee. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 18, 2020

June 18, 2020

PACER
23

NOTICE of Appearance by Kimberly Janiece Hunley on behalf of Suzanne Sainz. (Hunley, Kimberly) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
24

NOTICE TO FILER OF DEFICIENCY re: 19 Notice of Appearance/Association of Counsel filed by Virginia Ross. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please note for future filings. No further action is required. It is not necessary to refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) (Entered: 06/19/2020)

June 18, 2020

June 18, 2020

PACER

Notice of Deficiency (Text Only)

June 18, 2020

June 18, 2020

PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings AND Order

June 18, 2020

June 18, 2020

PACER
25

RESPONSE to Motion re: 16 MOTION to Intervene Plaintiffs' Response to the State's Motion to Intervene filed by Arizona Democratic Party, Democratic National Committee. (Danneman, Alexis) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
26

RESPONSE to Motion re: 16 MOTION to Intervene filed by Katie Hobbs. (Desai, Roopali) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
27

NOTICE of Appearance by Daniel S Jurkowitz on behalf of F Ann Rodriguez. (Jurkowitz, Daniel) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
28

ORDER granting 16 Motion to Intervene. The State shall participate in the parties' conferral regarding case management deadlines, as well as the 6/23/2020 conference call to discuss the same. Signed by Judge Douglas L Rayes on 6/19/2020. (MMO) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP

Notice of Deficiency (Text Only)

June 19, 2020

June 19, 2020

PACER
29

NOTICE of Appearance by Joseph D Young on behalf of Edison Wauneka. (Young, Joseph) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER

Remark re Pro Hac Vice Motion

June 22, 2020

June 22, 2020

PACER

Remark: Pro hac vice motion(s) granted for Sarah Langberg Schirack on behalf of Plaintiffs Arizona Democratic Party, DSCC, Democratic National Committee. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 22, 2020

June 22, 2020

PACER
30

NOTICE of Appearance by Jefferson R Dalton on behalf of Sadie Jo Bingham. (Dalton, Jefferson) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
31

NOTICE re: States Proposed Schedule by Arizona, State of . (Ensign, Drew) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
32

NOTICE of Appearance by Jason Stanley Moore on behalf of Sharie Milheiro. (Moore, Jason) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
33

NOTICE of Appearance by Ryan Norton Dooley on behalf of Richard Garcia. (Dooley, Ryan) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
34

NOTICE of Appearance by Thomas James Basile on behalf of Republican National Committee, Arizona Republican Party, Donald J. Trump for President, Inc.. (Basile, Thomas) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
35

MOTION to Intervene by Arizona Republican Party, Donald J. Trump for President, Inc., Republican National Committee. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Intervention)(Basile, Thomas) (Entered: 06/23/2020)

1 Text of Proposed Order Proposed Order Granting Intervention

View on PACER

June 23, 2020

June 23, 2020

RECAP
36

Corporate Disclosure Statement by Donald J. Trump for President, Inc.. (Basile, Thomas) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

RECAP
37

NOTICE of Appearance by Kenneth Andrew Angle on behalf of Wendy John. (Angle, Kenneth) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
38

MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephone Conference held on 6/23/2020. Discussion held regarding discovery, briefing and hearing on the motion and merits. Order to issue. APPEARANCES: Telephonic appearance by Ben Stafford and Alexis Danneman for Plaintiffs. Telephonic appearance by Roopali Desai for Defendant Secretary of State Hobbs. Telephonic appearance by Christine Roberts for Defendant Cochise County Recorder. Telephonic appearance by Rose Winkeler for Defendant Coconino County Recorder. Telephonic appearance by Jefferson Dalton for Defendant Gila County Recorder. Telephonic appearance by Jason Moore for Defendants Navajo County Recorder and also the Greenlee County Recorder. Telephonic appearance by Ryan Dooley for Defendant La Paz County Recorder. Telephonic appearance by Joseph La Rue and Joseph Blanco for Defendant Maricopa County Recorder. Telephonic appearance by Jeff Haws for Defendant Mohave County Recorder. Telephonic appearance by Daniel Jurkowitz for Defendant Pima County Recorder. Telephonic appearance by Craig Cameron for Defendant Pinal County Recorder. Telephonic appearance by Kimberly Hunley for Defendant Santa Cruz County Recorder. Telephonic appearance by Tom Stoxen for Defendant Yavapai County Recorder. Telephonic appearance by William Kerekes for Defendant Yuma County Recorder. Telephonic appearance by Kory Langhofer, and Thomas Basile, and Patrick Strawbridge for the intervenors RNC, Arizona Republican Party and President Donald J. Trump. Telephonic appearance by Drew Ensign, Robert Makar, and Brunn Roysden for intervenor defendant State of Arizona. (Court Reporter Jennifer Pancratz.) Hearing held 3:02 PM to 3:41 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER

1 - Common Prompts (Text Only) AND Telephone Conference

June 23, 2020

June 23, 2020

PACER
39

SCHEDULING ORDER: Responses in opposition to Proposed Intervenor-Defendants Republican National Committee, Arizona Republican Party, and Donald J. Trump for President, Inc.'s 35 Motion to Intervene are due by 6/26/2020 at 12:00 p.m. (Arizona Time). Written discovery requests are due by 6/25/2020. Responses to written discovery are due by 7/9/2020. Depositions shall be completed by no later than 7/23/2020. Response to Plaintiffs' 2 preliminary injunction motion shall be filed by no later than 8/3/2020. Plaintiffs' reply in support of their preliminary injunction motion shall be filed no later than 8/10/2020. Consolidated hearing on the preliminary injunction motion and bench trial on the merits set for 8/18/2020 at 09:00 AM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. (See Order for details.) Signed by Judge Douglas L Rayes on 6/24/2020. (MMO) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

RECAP
40

NOTICE TO FILER OF DEFICIENCY re: 37 Notice of Appearance/Association of Counsel filed by Wendy John, 32 Notice of Appearance/Association of Counsel filed by Sharie Milheiro. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
41

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Edison J. Wauneka on 06/15/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
42

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon David W. Stevens on 06-16-2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
43

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Patty Hansen on 06/11/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
44

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Sadie Jo Bingham on 06/16/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
45

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Wendy John on 06/11/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
46

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Sharie Milheiro on 06/11/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
47

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Adrian Fontes on 06/11/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
48

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Katie Hobbs on 06/11/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
49

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Kristi Blair on 06/11/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
50

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Michael Sample on 06/15/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
51

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon F. Ann Rodriguez on 06/11/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
52

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Virginia Ross on 06/12/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
53

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Suzanne Sainz on 06/12/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
54

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Leslie M. Hoffman on 06/12/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
55

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Robyn Stallworth Pouquette on 06/11/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
56

SERVICE EXECUTED filed by Arizona Democratic Party, DSCC, Democratic National Committee: Proof of Service re: Complaint upon Richard Garcia on 06/15/2020. (Danneman, Alexis) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER

Notice of Deficiency (Text Only)

June 24, 2020

June 24, 2020

PACER

Remark re Pro Hac Vice Motion

June 25, 2020

June 25, 2020

PACER

Remark: Pro hac vice motion(s) granted for Ariel Brynne Glickman on behalf of Plaintiffs Arizona Democratic Party, DSCC, Democratic National Committee. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 25, 2020

June 25, 2020

PACER
57

NOTICE of Service of Discovery filed by Arizona, State of. (Roysden, Brunn) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
58

TRANSCRIPT REQUEST by Arizona, State of for proceedings held on 06-23-20, Judge Douglas L Rayes hearing judge(s). (Makar, Robert) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP
59

RESPONSE to Motion re: 35 MOTION to Intervene filed by Arizona Democratic Party, DSCC, Democratic National Committee. (Attachments: # 1 Text of Proposed Order)(Danneman, Alexis) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
60

ORDER granting Movants' 35 Motion to Intervene pursuant to Fed. R. Civ. P. 24(b). In accordance with paragraph 2 of the Scheduling Order, Movants shall timely file an answer to the complaint. (See Order for details.) Signed by Judge Douglas L Rayes on 6/26/2020. (MMO) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP
61

NOTICE of Service of Discovery filed by Arizona Democratic Party, DSCC, Democratic National Committee. (Danneman, Alexis) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
62

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONE CONFERENCE proceedings held on 06/23/2020, before Judge DOUGLAS L. RAYES. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/24/2020. (RAP) (Entered: 06/30/2020)

June 26, 2020

June 26, 2020

PACER
63

ANSWER to 1 Complaint Answer of Defendant Katie Hobbs, In Her Official Capacity as Arizona Secretary of State by Katie Hobbs.(Desai, Roopali) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

RECAP

Remark: Out of state attorney Marc E Elias removed as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 6, 2020

July 6, 2020

PACER

Remark (Public)

July 6, 2020

July 6, 2020

PACER

Remark (Public)

July 6, 2020

July 6, 2020

PACER
64

NOTICE of Service of Discovery filed by Sadie Jo Bingham. (Dalton, Jefferson) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
65

NOTICE of Service of Discovery filed by Patty Hansen. (Winkeler, Rose) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
66

NOTICE of Service of Discovery filed by Katie Hobbs. (Desai, Roopali) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
67

NOTICE of Service of Discovery filed by Robyn Stallworth Pouquette. (Kerekes, William) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
68

NOTICE of Service of Discovery filed by Robyn Stallworth Pouquette. (Kerekes, William) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
69

NOTICE of Service of Discovery filed by Arizona Democratic Party, DSCC, Democratic National Committee. (Danneman, Alexis) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
70

NOTICE of Appearance by Michael Shawn Catlett on behalf of Arizona, State of. (Catlett, Michael) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
71

NOTICE of Service of Discovery filed by Arizona, State of. (Catlett, Michael) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
72

ANSWER to 1 Complaint by Arizona, State of.(Catlett, Michael) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

RECAP

Remark re Pro Hac Vice Motion

July 13, 2020

July 13, 2020

PACER

Remark: Pro hac vice motion(s) granted for Marc E Elias on behalf of Plaintiffs Arizona Democratic Party, DSCC, Democratic National Committee. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 13, 2020

July 13, 2020

PACER
73

NOTICE of Service of Discovery filed by David Stevens. (Roberts, Christine) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
74

NOTICE of Appearance by Christine Joyce Roberts on behalf of David Stevens. (Roberts, Christine) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
75

ANSWER to 1 Complaint by Arizona Republican Party, Donald J. Trump for President Incorporated, Republican National Committee.(Basile, Thomas) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
76

NOTICE of Service of Discovery filed by Adrian Fontes. (LaRue, Joseph) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
77

* NOTICE of Service of Discovery filed by Edison Wauneka. (Young, Joseph) * Document not in compliance with Local Rule; attorney noticed on 7/22/2020 (LAD). (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
78

NOTICE of Service of Discovery filed by Robyn Stallworth Pouquette. (Kerekes, William) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
79

NOTICE of Service of Discovery filed by Robyn Stallworth Pouquette. (Kerekes, William) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
80

NOTICE TO FILER OF DEFICIENCY re: 77 Notice of Service of Discovery filed by Edison Wauneka. Document not in compliance with LRCiv 5.2. See also FRCiv 5(d)(1)(A). Please note for future filings. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) (Entered: 07/22/2020)

July 21, 2020

July 21, 2020

PACER
81

NOTICE of Service of Discovery filed by Richard Garcia. (Dooley, Ryan) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: June 10, 2020

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

The Arizona Democratic Party, the Democratic National Committee; and the Democratic Senatorial Campaign Committee

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Perkins Coie

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Secretary of State (Phoenix, Maricopa), State

County Recorders for All Arizona Counties, County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Procedural Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Election administration