Case: California Republican Party v. Newsom

20-00277751 | California state trial court

Filed Date: April 29, 2020

Closed Date: Aug. 5, 2020

Clearinghouse coding complete

Case Summary

This case involved the question of whether a campaign ballot gatherer is a nonessential worker subject to California's COVID-19 stay home order.  On April 29, 2020, the California Republican Party filed this lawsuit in the Superior Court of California Sacramento. The plaintiff sued Gavin Newsom, Xavier Becerra, and Alex Padilla in their capacities as Governor, Attorney General, and Secretary of State of California, respectively, under the California Code of Civil Procedure, § 1060. The plaintif…

This case involved the question of whether a campaign ballot gatherer is a nonessential worker subject to California's COVID-19 stay home order. 

On April 29, 2020, the California Republican Party filed this lawsuit in the Superior Court of California Sacramento. The plaintiff sued Gavin Newsom, Xavier Becerra, and Alex Padilla in their capacities as Governor, Attorney General, and Secretary of State of California, respectively, under the California Code of Civil Procedure, § 1060. The plaintiff sought a declaratory judgment as to whether engaging in ballot harvesting was an essential activity under the stay home order and filed an emergency ex parte application for interim declaratory relief. The case was heard by Judge Thadd Blizzard and later by Judge David Brown. 

The plaintiff's complaint refers to Newsom's March 19, 2020 executive order in which he ordered all non-essential workers to stay home in response to the growing COVID-19 pandemic. The plaintiff argued that the allegedly contradictory public statements by state officials on the stay home order made it impossible to determine whether ballot harvesters were considered essential workers. The plaintiff argued that, absent a declaratory judgment, its staff and volunteers who participate in ballot harvesting operations may be cited or subjected to criminal penalties for violating the stay home order and that there would be a "chilling effect" on election participation. On May 1, 2020, California public health directives were updated to confirm that ballot collection was a permissible activity under the stay home order. On May 5, 2020, the Superior Court dismissed plaintiff's ex parte application. The plaintiff voluntarily dismissed the action without prejudice on August 5, 2020. 

Summary Authors

Jeanne Boyd (2/13/2025)

People


Judge(s)

Blizzard, Thadd A (California)

Brown, David I (California)

Attorney for Plaintiff

Dhillon, Harmeet K. (California)

Meuser, Mark Philip (California)

Michael, Gregory Richard (California)

Documents in the Clearinghouse

Documents in this case

20-277751

Docket

The California Republican Party vs. Newsom

Aug. 24, 2020

Aug. 24, 2020

Docket

20-277751

Complaint for Declaratory Judgment

April 29, 2020

April 29, 2020

Complaint

20-277751

Declaration of Mark Meuser in Support of The Emergency Ex Parte Application Interim Declaratory Relief

April 29, 2020

April 29, 2020

Pleading / Motion / Brief

20-277751

Emergency Ex Parte Application for Interim Declaratory Relief Regarding Applicability of Governor Newsom's Executive Order N-33-20 to Ballot Harvesting Activities; Memorandum of Points and Authorities; Declaration of Meuser; Declaration of Watkins; [Proposed] Order

April 29, 2020

April 29, 2020

Pleading / Motion / Brief

20-277751

Defendants' Opposition to Ex Parte Application For Temporary Restraining Order

May 4, 2020

May 4, 2020

Pleading / Motion / Brief

20-277751

Minute Order

May 5, 2020

May 5, 2020

Order/Opinion

20-277751

Requested for Dismissal

May 22, 2020

May 22, 2020

Order/Opinion

20-277751

Request for Dismissal

Aug. 5, 2020

Aug. 5, 2020

Pleading / Motion / Brief

Resources

Docket

Last updated Jan. 26, 2024, 1:16 p.m.

ECF Number Date Description Link
1 April 29, 2020

Complaint filed.

Docket Alarm
2 April 29, 2020

Summons filed.

Docket Alarm
3 April 29, 2020

Civil Case Cover Sheet filed.

Docket Alarm
5 April 29, 2020

Ex Parte Application - Other (for Interim Declatory Relief) filed.

Docket Alarm
6 April 29, 2020

Declaration - Other (of Bryan Watkins ISO Emergency Ex Parte Application) filed.

Docket Alarm
7 April 29, 2020

Declaration - Other (of Mark Meuser ISO Emergency Ex Parte Application) filed.

Docket Alarm
4 May 1, 2020

Case Management Conference - Case Management Program scheduled for 11/05/2020 at 08:30:00 AM in Department 43 at Gordon D Schaber Courthouse and the Notice of Case Management Conference and Order to Appear has been generated .

Docket Alarm
8 May 4, 2020

Opposition (to ex parte for TRO) filed.

Docket Alarm
9 May 5, 2020

Minutes finalized for heard on 05/05/2020 02:08:00 PM .

Docket Alarm
10 May 5, 2020

Order Determining Disposition of Ex Parte Application filed.

Docket Alarm
11 May 22, 2020

Request for Dismissal filed.

Docket Alarm
12 Aug. 5, 2020

Request for Dismissal filed.

Docket Alarm
14 Aug. 5, 2020

Case dismissed with disposition of Request for Dismissal .

15 Aug. 5, 2020

Case disposed with disposition of Request for Dismissal .

13 Aug. 24, 2020

Complaint disposed with disposition of Request for Dismissal .

16 Aug. 24, 2020

Case Management Conference - Case Management Program scheduled for 11/05/2020 at 08:30:00 AM in Department 43 at Gordon D Schaber Courthouse was vacated .

Case Details

State / Territory:

California

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 29, 2020

Closing Date: Aug. 5, 2020

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A political party in California

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Alex Padilla

Gavin Newsom

Xavier Becerra

Case Details

Causes of Action:

State law

Other Dockets:

California state trial court 20-00277751

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Election administration

Voting: General & Misc.

Recommended Citation