Case: Miller v. Thurston

5:20-cv-05070 | U.S. District Court for the Western District of Arkansas

Filed Date: April 22, 2020

Closed Date: July 23, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This case, initially being tracked by the Stanford-MIT Healthy Elections Project, was filed by plaintiffs who sought to place a constitutional amendment on the Arkansas ballot. They alleged that Arkansas’s ballot access requirements were unconstitutional as applied during the COVID-19 pandemic and sought injunctive relief. The district court granted a preliminary injunction for the in-person signature and notarization requirements, which it later made permanent. The defendants…

COVID-19 Summary: This case, initially being tracked by the Stanford-MIT Healthy Elections Project, was filed by plaintiffs who sought to place a constitutional amendment on the Arkansas ballot. They alleged that Arkansas’s ballot access requirements were unconstitutional as applied during the COVID-19 pandemic and sought injunctive relief. The district court granted a preliminary injunction for the in-person signature and notarization requirements, which it later made permanent. The defendants appealed the case to the Eighth Circuit, which reversed the District Court’s grant of permanent injunctive relief.


This is a case about the constitutionality of Arkansas’ ballot access requirements as applied during the COVID-19 pandemic. The plaintiffs were a registered Arkansas ballot access committee, a committee canvasser, and two registered Arkansas voters who sought to place a constitutional amendment on the Arkansas ballot. On April 22, 2020, the plaintiffs filed this lawsuit in the Western District of Arkansas. They sued Arkansas’ Secretary of State, alleging that enforcement of Arkansas’ ballot access provisions during the COVID-19 pandemic violated their rights under the First and Fourteenth Amendments and 42 U.S.C. §§ 1983 and 1988. The challenged provisions included requirements that petition canvassers attach to the petition a notarized affidavit affirming that all the petition signatures were made in the presence of the canvasser. They sought injunctive relief to prohibit Arkansas from enforcing the in-person signature and notarization requirement and to change the ballot access deadline, the number of required signatures, and the permissibility of electronic signatures. The case was assigned to Judge Paul Kinloch Holmes III.

The plaintiffs filed a motion for preliminary injunction on the same day the suit was filed. Two days later, on April 24, 2020, they filed a motion to expedite briefing on the motion for preliminary injunction, which the court denied in part and granted it in part. On May 25, 2020, the court granted the plaintiffs’ motion for preliminary injunction in part, enjoining the enforcement of the in-person signature and notarization requirements. The court held that the plaintiffs had made sufficient showing that these requirements substantially restricted political discussion; as such, that showing required the court to apply a heightened level of scrutiny. However, the court did not find that the plaintiffs had made the same showing with regard to the ballot access deadline and the other signature requirements. Because these claims did not trigger heightened scrutiny, they were not likely to succeed on the merits, as required for a preliminary injunction. 462 F.Supp.3d 930.

Prior to the court granting the preliminary injunction, on May 12, 2020, the defendant moved to dismiss the case for failure to state a claim. Subsequently, the court denied this motion as moot on May 29, 2020. On the same day, the court ordered that the preliminary injunction for the plaintiffs would be made permanent. 2020 WL 6603171.

As a result of these judgments, the defendants appealed to the Eighth Circuit on June 1, 2020 (20-2095). Alongside the appeal, the defendants moved the court to stay the case pending the appeal, which the district court denied on June 2, 2020. 2020 WL 2850223.

On July 23, 2020, the Eighth Circuit issued an opinion reversing the District Court’s grant of permanent injunctive relief. Judges Gruender, Wollman, and Grasz held that the in-person signature and notarization requirements did not substantially restrict political discussion or sufficiently burden the First Amendment. As a result, it found that the lower court erred in applying a heightened standard of review to these requirements and the plaintiffs’ claims failed on the merits. 967 F.3d 727.

After the appellate reversal, there has been no further docket entries and the case is believed to be closed.

Summary Authors

Sarah Bender (4/16/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17090616/parties/miller-v-thurston/


Judge(s)

Gans, Michael E. (Missouri)

Grasz, Leonard Steven (Nebraska)

Gruender, Raymond W. (Missouri)

Holmes, P. K. III (Arkansas)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Bronni, Nicholas Jacob (Arkansas)

Cantrell, Michael (Arkansas)

Couch, David A. (Arkansas)

Gaber, Mark P. (District of Columbia)

Greenwood, Ruth Merewyn (Illinois)

Judge(s)

Gans, Michael E. (Missouri)

Grasz, Leonard Steven (Nebraska)

Gruender, Raymond W. (Missouri)

Holmes, P. K. III (Arkansas)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Bronni, Nicholas Jacob (Arkansas)

Cantrell, Michael (Arkansas)

Couch, David A. (Arkansas)

Gaber, Mark P. (District of Columbia)

Greenwood, Ruth Merewyn (Illinois)

Harless, Annabelle Elizabeth (Illinois)

Lamar, Christopher (District of Columbia)

Rutledge, Leslie (Arkansas)

Wagner, Vincent Moore (Arkansas)

Weiner, Robert N. (District of Columbia)

Attorneys(s) for Defendant

Bird, William C. (Arkansas)

Documents in the Clearinghouse

Document

5:20-cv-05070

Docket [PACER]

Aug. 18, 2020

Aug. 18, 2020

Docket
2

5:20-cv-05070

Complaint

April 22, 2020

April 22, 2020

Complaint
41

5:20-cv-05070

Opinion and Order

462 F.Supp.3d 930

May 25, 2020

May 25, 2020

Order/Opinion

5:20-cv-05070

0:20-02095

Order

U. S. Court of Appeals for the Eighth Circuit

2020 WL 3240600

June 15, 2020

June 15, 2020

Order/Opinion
4925024

5:20-cv-05070

0:20-02095

Appelant's Brief

U. S. Court of Appeals for the Eighth Circuit

June 18, 2020

June 18, 2020

Pleading / Motion / Brief

0:20-02095

Opinion

U. S. Court of Appeals for the Eighth Circuit

967 F.3d 727

July 23, 2020

July 23, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17090616/miller-v-thurston/

Last updated Aug. 9, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

CIVIL COVER SHEET for case initiated by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. Please proceed with filing your case initiating document(s).If the case initiating documents are not filed by Close of Business the next business day your case may be terminated. (tg) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Clerk's Notice Regarding Filing Fee

April 22, 2020

April 22, 2020

PACER

Order on Motion to Appear Pro Hac Vice

April 22, 2020

April 22, 2020

PACER
2

COMPLAINT against John Thurston ( Filing fee $ 400 receipt number AARWDC-2126620), filed by Bonnie Heather Miller, Robert William Allen, Arkansas Voters First, Adella Dozier Gray.(Couch, David) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
3

THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to John Thurston for service of the following document: 2 Complaint. (Couch, David) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
4

Magistrate Notice/Consent Form (tg) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
5

MOTION for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Couch, David) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

***PLEASE DISREGARD FILING FEE PAID*** CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: 2 Complaint. You MUST pay the filing fee of $ 400.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 4/24/2020 (tg) Modified on 4/22/2020 (tg).

April 22, 2020

April 22, 2020

PACER
6

THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to John Thurston and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg) (tg). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
7

MEMORANDUM BRIEF in Support of 5 MOTION for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Attachments: # 1 Exhibit 1: Kincaid Declaration, # 2 Exhibit 2: E.O. 20-03, # 3 Exhibit 3: E.O. 20-05, # 4 Exhibit 4: E.O. 20-08, # 5 Exhibit 5: E.O. 20-09, # 6 Exhibit 6: E.O. 20-10, # 7 Exhibit 7: Little Rock Curfew Order, # 8 Exhibit 8: Little Rock Declaration, # 9 Exhibit 9: E.O. 20-12, # 10 Exhibit 10: E.O. 20-14, # 11 Exhibit 11: E.O. 20-15, # 12 Exhibit 12: E.O. 20-13, # 13 Exhibit 13: W.D. Ark. Admin. Order 2020-1, # 14 Exhibit 14: W.D. Ark. Admin. Order 2020-3, # 15 Exhibit 15: Ark. Sup. Ct. Order, # 16 Exhibit 16: W.D. Ark. Admin. Order 2020-4, # 17 Exhibit 17: Miller Declaration, # 18 Exhibit 18: Gray Declaration, # 19 Exhibit 19: Allen Declaration, # 20 Exhibit 20: Esshaki v. Whitmer Decision, # 21 Exhibit 21: AVF Petition Filed with Sec'y of State)(Couch, David) (Entered: 04/22/2020)

1 Exhibit 1: Kincaid Declaration

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2 Exhibit 2: E.O. 20-03

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3 Exhibit 3: E.O. 20-05

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4 Exhibit 4: E.O. 20-08

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5 Exhibit 5: E.O. 20-09

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6 Exhibit 6: E.O. 20-10

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7 Exhibit 7: Little Rock Curfew Order

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8 Exhibit 8: Little Rock Declaration

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9 Exhibit 9: E.O. 20-12

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10 Exhibit 10: E.O. 20-14

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11 Exhibit 11: E.O. 20-15

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12 Exhibit 12: E.O. 20-13

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13 Exhibit 13: W.D. Ark. Admin. Order 2020-1

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14 Exhibit 14: W.D. Ark. Admin. Order 2020-3

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15 Exhibit 15: Ark. Sup. Ct. Order

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16 Exhibit 16: W.D. Ark. Admin. Order 2020-4

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17 Exhibit 17: Miller Declaration

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18 Exhibit 18: Gray Declaration

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19 Exhibit 19: Allen Declaration

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20 Exhibit 20: Esshaki v. Whitmer Decision

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21 Exhibit 21: AVF Petition Filed with Sec'y of State

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April 22, 2020

April 22, 2020

RECAP
8

MOTION for Attorney Ruth Merewyn Greenwood to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2126768) by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
9

TEXT ONLY ORDER granting 8 Motion to Appear Pro Hac Vice. Ruth Merewyn Greenwood is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable P. K. Holmes III on April 22, 2020. (jas) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
10

MOTION for Attorney Mark P. Gaber to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2126833) by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Gaber, Mark) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
11

MOTION for Attorney Annabelle E. Harless to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2126846) by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Harless, Annabelle) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
12

Corporate Disclosure Statement by Arkansas Voters First. (Couch, David) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
13

TEXT ONLY ORDER granting 10 Motion to Appear Pro Hac Vice. Mark P. Gaber is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on April 23, 2020. (jas) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

Order on Motion to Appear Pro Hac Vice

April 23, 2020

April 23, 2020

PACER
14

TEXT ONLY ORDER granting 11 Motion to Appear Pro Hac Vice. Annabelle E. Harless is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable P. K. Holmes III on April 23, 2020. (jas) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
15

MOTION for Attorney Christopher Lamar to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2127364) by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Lamar, Christopher) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
16

NOTICE of Appearance by Ruth M. Greenwood on behalf of All Plaintiffs. (Greenwood, Ruth) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
17

TEXT ONLY ORDER granting 15 Motion to Appear Pro Hac Vice. Christopher Lamar is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on April 23, 2020. (jas) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
18

NOTICE of Appearance by Mark Gaber on behalf of Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Gaber, Mark) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
19

NOTICE of Appearance by Annabelle Harless on behalf of All Plaintiffs. (Harless, Annabelle) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
20

MOTION Leave to Effect Service by Electronic Mail by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Couch, David) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
21

MEMORANDUM BRIEF in Support of 20 MOTION Leave to Effect Service by Electronic Mail by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Attachments: # 1 Exhibit 1: Affidavit of Service and Email Accepting Service)(Couch, David) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
22

TEXT ONLY ORDER granting 20 motion to effect service by electronic mail. Signed by Honorable P. K. Holmes III on April 24, 2020. (rab) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

Order on Motion for Miscellaneous Relief

April 24, 2020

April 24, 2020

PACER

Order on Motion to Appear Pro Hac Vice

April 24, 2020

April 24, 2020

PACER
23

MOTION for Attorney Robert N. Weiner to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2128191) by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Weiner, Robert) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
24

TEXT ONLY ORDER granting 23 Motion to Appear Pro Hac Vice. Robert N. Weiner is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on April 24, 2020. (jas) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
25

SUMMONS Returned Executed by Bonnie Heather Miller, Robert William Allen, Arkansas Voters First, Adella Dozier Gray. John Thurston served on 4/23/2020, answer due 5/14/2020. (Couch, David) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
26

NOTICE of Appearance by Robert Weiner on behalf of All Plaintiffs. (Weiner, Robert) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
27

MOTION to Expedite Briefing on Motion for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
28

MEMORANDUM BRIEF in Support of 27 MOTION to Expedite Briefing on Motion for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
29

NOTICE of Appearance by Christopher Lamar on behalf of All Plaintiffs. (Lamar, Christopher) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

TEXT ONLY ORDER granting in part and denying in part 27 Motion to Expedite Briefing. Following a conference call with Plaintiffs' counsel David Couch and attorneys Gary Sullivan from the office of the Arkansas Secretary of State and William Bird from the office of the Arkansas Attorney General, the following agreed briefing deadlines are entered. Any response to the pending 5 motion for preliminary injunction must be filed by May 4, 2020. A reply to that response is permitted, and must be filed by May 6, 2020. The Court will reserve the setting of any hearing until briefing is complete. Signed by Honorable P. K. Holmes III on April 24, 2020. (rab)

April 24, 2020

April 24, 2020

PACER
30

NOTICE of Appearance by William C. Bird, III on behalf of John Thurston. (Bird, William) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
31

RESPONSE IN OPPOSITION TO Motion re 5 MOTION for Preliminary Injunction filed by John Thurston. (Attachments: # 1 Exhibit Order - Bambenek v. White)(Bird, William) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
32

REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Attachments: # 1 Exhibit Exhibit 1 - Second Declaration of Brett Kincaid, dated May 6, 2020, # 2 Exhibit Exhibit 2 - Letter from Secretary of State to Nate Steel dated July 25, 2018 setting cure period for casino ballot initiative on August 24, 2018, # 3 Exhibit Exhibit 3 - Letter from Secretary of State to David Couch dated July 30, 2018 setting cure period for minimum wage ballot initiative on August 29, 2018, # 4 Exhibit Exhibit 4 - Letter from Secretary of State to David Couch dated July 28, 2016 setting cure period for medical marijuana initiative on August 29, 2016, # 5 Exhibit Exhibit 5 - Participating Addendum adding Arkansas to Utah Cloud Solutions contract with Carahsoft Technology Corporation dated December 20, 2019)(Greenwood, Ruth) (Entered: 05/06/2020)

1 Exhibit Exhibit 1 - Second Declaration of Brett Kincaid, dated May 6, 2020

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2 Exhibit Exhibit 2 - Letter from Secretary of State to Nate Steel dated July 25,

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3 Exhibit Exhibit 3 - Letter from Secretary of State to David Couch dated July 30,

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4 Exhibit Exhibit 4 - Letter from Secretary of State to David Couch dated July 28,

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5 Exhibit Exhibit 5 - Participating Addendum adding Arkansas to Utah Cloud Solutio

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May 6, 2020

May 6, 2020

RECAP
33

STIPULATION re 5 MOTION for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
34

STATEMENT OF FACTS in support of 5 MOTION for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
35

MOTION to Dismiss for Failure to State a Claim by John Thurston. (Bird, William) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
36

MEMORANDUM BRIEF in Support of 35 MOTION to Dismiss for Failure to State a Claim by John Thurston. (Bird, William) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
37

TEXT ONLY ORDER Setting Hearing on 5 MOTION for Preliminary Injunction: Motion Hearing set for 5/19/2020 at 10:30 AM before Honorable P. K. Holmes III. This hearing will be accessible via video conference ONLY. Access to the courthouse will not be allowed. Any nonparty desiring access to the hearing should contact chambers at PKHinfo@arwd.uscourts.gov. Signed by Honorable P. K. Holmes III on May 15, 2020. (rab) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER

Order Setting Hearing on Motion

May 15, 2020

May 15, 2020

PACER
38

NOTICE of Appearance by Michael A. Cantrell on behalf of All Defendants. (Cantrell, Michael) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
39

Minute Entry for proceedings held before Honorable P. K. Holmes III: Motion Hearing held on 5/19/2020 re 5 MOTION for Preliminary Injunction filed by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Rick Congdon-Court Reporter) (jas) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
40

NOTICE by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller (Notice of Supplemental Authority) (Attachments: # 1 Exhibit 1: Thompson v. DeWine Opinion and Order Granting Preliminary Injunction)(Gaber, Mark) (Entered: 05/20/2020)

1 Exhibit 1: Thompson v. DeWine Opinion and Order Granting Preliminary Injunction

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May 20, 2020

May 20, 2020

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41

OPINION AND ORDER granting in part 5 Motion for Preliminary Injunction, as set forth. The parties are ordered to confer on a proposed schedule to expedite final resolution of this lawsuit and communicate that proposal to the Court by May 28, 2020. Signed by Honorable P. K. Holmes III on May 25, 2020. (jas) (Entered: 05/25/2020)

May 25, 2020

May 25, 2020

RECAP
42

RESPONSE IN OPPOSITION TO Motion re 35 MOTION to Dismiss for Failure to State a Claim filed by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Lamar, Christopher) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
43

NOTICE by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller Joint Request for Entry of Judgment (Greenwood, Ruth) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
44

ORDER DENYING AS MOOT 35 Motion to Dismiss for Failure to State a Claim; and IT IS ORDERED that the preliminary injunction entered by this Court will be made permanent by judgment entered separately. (See Order for specifics). Signed by Honorable P. K. Holmes III on May 29, 2020. (lgd) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
45

JUDGMENT pursuant to the opinion and order 41 entered on May 25, 2020, and the order entered the same day; IT IS HEREBY ADJUDGED that Plaintiffs should have permanent injunctive relief on their First and Fourteenth Amendment claims (See Judgment for specifics). Signed by Honorable P. K. Holmes III on May 29, 2020. (lgd) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP
46

NOTICE of Appearance by Vincent M. Wagner on behalf of John Thurston. (Wagner, Vincent) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
47

NOTICE OF APPEAL as to 45 Judgment, 41 Order on Motion for Preliminary Injunction, 44 Order on Motion to Dismiss for Failure to State a Claim, by John Thurston. Filing fee $ 505, receipt number AARWDC-2152250. (Wagner, Vincent) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
48

MOTION to Stay Pending Appeal by John Thurston. (Bird, William) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
49

MEMORANDUM BRIEF in Support of 48 MOTION to Stay Pending Appeal by John Thurston. (Bird, William) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
50

NOA SUPPLEMENT FORM re 47 Notice of Appeal (atty) filed by John Thurston. (src) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
51

USCA Scheduling Order as to 47 Notice of Appeal (atty) filed by John Thurston. Case Appealed to 8th Circuit Court of Appeals Case Number 20-2095. (Attachments: # 1 USCA Cover Letter)(tg) (Entered: 06/02/2020)

1 USCA Cover Letter

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June 2, 2020

June 2, 2020

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52

OPINION AND ORDER denying 48 Motion to Stay filed by John Thurston. Signed by Honorable P. K. Holmes III on June 2, 2020. (tg) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

RECAP
53

NOTICE OF FILING OFFICIAL TRANSCRIPT of hearing held on 05-19-2020, before Judge P.K. Holmes, III. Court Reporter/Transcriber: Rick Congdon, RMR, FCRR, Telephone number 479-652-0146. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber. After the Release of Transcript Restriction deadline, it, or a redacted transcript, may be obtained through the Court Reporter/Transcriber or PACER A Notice of Intent to Request Redaction of the Transcript MUST be filed within 7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 7/2/2020. Redacted Transcript Deadline set for 7/13/2020. Release of Transcript Restriction set for 9/9/2020. (rlc) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
54

Unopposed MOTION to Defer Attorneys' Fees Briefing by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
55

TEXT ONLY ORDER granting 54 motion to defer briefing on attorney's fees until resolution of the pending appeal. Signed by Honorable P. K. Holmes III on June 18, 2020. (rab) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

Order on Motion for Miscellaneous Relief

June 18, 2020

June 18, 2020

PACER
56

TRANSMITTAL SHEET re 47 Notice of Appeal (atty) filed by John Thurston to 8USCA. (tg) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
57

MANDATE of USCA Reversing district court decision as to 47 Notice of Appeal (atty) filed by John Thurston (Attachments: # 1 USCA Opinion, # 2 USCA Judgment)(src) (Entered: 08/18/2020)

1 USCA Opinion

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2 USCA Judgment

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Aug. 18, 2020

Aug. 18, 2020

PACER

Case Details

State / Territory: Arkansas

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Multi-LexSum (in sample)

Key Dates

Filing Date: April 22, 2020

Closing Date: July 23, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A registered Arkansas ballot access committee, a committee canvasser, and two registered Arkansas voters

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State for the State of Arkansas, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

COVID-19:

Mitigation Denied

Voting:

Election administration