Case: Connecticut State Conference of NAACP Branches v. Merrill

3:20-cv-00909 | U.S. District Court for the District of Connecticut

Filed Date: July 2, 2020

Closed Date: Sept. 25, 2020

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Case Summary

This is a case about how Connecticut's restrictions on eligibility for mail-in ballot voting during the COVID-19 pandemic threatened voters' constitutional and statutory rights. On July 2, 2020, a complaint was filed in the U.S. District Court for the District of Connecticut by the Connecticut State Conference of NAACP Branches, the League of Women Voters of Connecticut ("the League"), and an individual member of the League whose age made her susceptible to serious complications of COVID-19. The plaintiffs sued Connecticut Secretary of State Denise W. Merrill in her official capacity under section 2 of the Voting Rights Act and the First and Fourteenth Amendments to the U.S. Constitution. The plaintiffs claimed that because Connecticut allowed mail-in voting only in certain narrow circumstances, most voters would be faced with an unconstitutional choice: to risk their health by voting in person during a pandemic, or to forego voting altogether. The plaintiffs noted how the disproportionate impact of the pandemic on Black communities exacerbated the unconstitutionality of limiting absentee voting. Represented by the ACLU, the plaintiffs sought declaratory and injunctive relief that would expand mail-in voting for the 2020 general election. They also sought attorneys' fees and court costs. The case was assigned to Judge Janet Bond Arterton.

Near the end of July, the Connecticut state legislature passed a bill that gave every registered voter the ability to vote by absentee ballot. The plaintiffs voluntarily dismissed their complaint on September 25, 2020. The case is closed.

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Summary Authors

Christina Van Wagenen (1/1/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17317432/parties/connecticut-state-conference-of-naacp-branches-v-merrill/

Judge(s)

Arterton, Janet Bond (Connecticut)

Attorney for Plaintiff

Barrett, Dan (Connecticut)

Bildner, Elana (Connecticut)

Cherry, Ceridwen (District of Columbia)

Ho, Dale E. (District of Columbia)

Attorney for Defendant

Judge(s)

Arterton, Janet Bond (Connecticut)

Attorney for Plaintiff

Barrett, Dan (Connecticut)

Bildner, Elana (Connecticut)

Cherry, Ceridwen (District of Columbia)

Ho, Dale E. (District of Columbia)

Lakin, Sophia L. (New York)

Osborne, Maura Murphy (Connecticut)

Rosborough, Davin McKay (New York)

Syed, Ihaab (District of Columbia)

Attorney for Defendant

Murphy-Osborne, Maura (Connecticut)

Nunley, Alma Rose (Connecticut)

Skold, Michael K. (Connecticut)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:20-cv-00909	Docket [PACER]	Sept. 28, 2020	Sept. 28, 2020 Docket
1 3:20-cv-00909	Complaint	July 2, 2020	July 2, 2020 Complaint

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Resources

Title	Description		External URL Date / External URL
Conn. State Conf. of NAACP Branches v. Merrill Healthy Elections Project	After Connecticut adjusted its mail voting requirements only for the August primary, the Plaintiff brought this action for failing to allow mail voting for all residents in the upcoming November elec…	Nov. 5, 2020	Nov. 5, 2020 https://healthyelections-case-tracker.stanford.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17317432/connecticut-state-conference-of-naacp-branches-v-merrill/

Last updated July 31, 2023, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Denise Merrill ( Filing fee $400 receipt number ACTDC-5950304.), filed by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut.(Barrett, Dan) Modified on 7/2/2020 to update party (Anastasio, F.). (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 Clearinghouse
2	NOTICE of Appearance by Dan Barrett on behalf of Gloria Francesconi, League of Women Voters of Connecticut, Connecticut State Conference of NAACP Branches (Barrett, Dan) Modified on 7/2/2020 to update party (Anastasio, F.). (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 PACER
3	Corporate Disclosure Statement by League of Women Voters of Connecticut, Connecticut State Conference of NAACP Branches. (Barrett, Dan) Modified on 7/2/2020 to update party (Anastasio, F.). (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 PACER
4	Order on Pretrial Deadlines: Amended Pleadings due by 8/31/2020 Discovery due by 1/1/2021 Dispositive Motions due by 2/5/2021 Signed by Clerk on 07/02/2020.(Nuzzi, Tiffany) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 PACER
5	ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet Bond Arterton on 07/02/2020.(Nuzzi, Tiffany) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 PACER
6	STANDING PROTECTIVE ORDER Signed by Judge Janet Bond Arterton on 07/02/2020.(Nuzzi, Tiffany) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 PACER
7	NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 1 Complaint, filed by League of Women Voters of Connecticut, Gloria Francesconi, 2 Notice of Appearance filed by League of Women Voters of Connecticut, Gloria Francesconi, 4 Order on Pretrial Deadlines, 6 Protective Order, 5 Electronic Filing Order, 3 Corporate Disclosure Statement filed by League of Women Voters of Connecticut Signed by Clerk on 07/02/2020.(Nuzzi, Tiffany) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 PACER
8	NOTICE of Appearance by Elana Spungen Bildner on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Bildner, Elana) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 PACER
	Judge Janet Bond Arterton added. (Nuzzi, Tiffany)	July 2, 2020	July 2, 2020 PACER
	Request for Clerk to issue summons as to Denise Merrill. (Barrett, Dan)	July 2, 2020	July 2, 2020 PACER
	Add and Terminate Judges	July 2, 2020	July 2, 2020 PACER
	Request to Issue Summons	July 2, 2020	July 2, 2020 PACER
9	ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to Denise Merrill with answer to complaint due within 21 days. Attorney Dan Barrett American Civil Liberties Union - CT 765 Asylum Ave., 1st Floor Hartford, CT 06105. (Nuzzi, Tiffany) (Entered: 07/07/2020)	July 7, 2020	July 7, 2020 PACER
10	MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Attachments: # 1 Declaration of Sophia Lin Lakin, # 2 Declaration of Davin Rosborough, # 3 Declaration of Ceridwen Cherry, # 4 Declaration of Ihaab Syed, # 5 Declaration of Dale Ho)(Bildner, Elana) (Entered: 07/07/2020)	July 7, 2020	July 7, 2020 PACER
11	ORDER granting 10 Motion to Appear Pro Hac Vice for Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin. Certificate of Good Standing due by 9/6/2020. Signed by Clerk on 07/08/2020. (Nuzzi, Tiffany) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 PACER
	Order on Motion for Admission Pro Hac Vice	July 8, 2020	July 8, 2020 PACER
12	SUMMONS Returned Executed by Gloria Francesconi, League of Women Voters of Connecticut, Connecticut State Conference of NAACP Branches. Denise Merrill served on 7/9/2020, answer due 7/30/2020. (Barrett, Dan) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
13	NOTICE of Appearance by Davin Rosborough on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Rosborough, Davin) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
14	CERTIFICATE OF GOOD STANDING re 10 MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Rosborough, Davin) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
15	NOTICE of Appearance by Ceridwen Cherry on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Cherry, Ceridwen) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
16	CERTIFICATE OF GOOD STANDING re 10 MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Cherry, Ceridwen) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
17	NOTICE of Appearance by Sophia Lin Lakin on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Lakin, Sophia) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
18	CERTIFICATE OF GOOD STANDING re 10 MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Lakin, Sophia) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
19	NOTICE of Appearance by Ihaab Syed on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Syed, Ihaab) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
20	CERTIFICATE OF GOOD STANDING re 10 MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Syed, Ihaab) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
21	NOTICE of Appearance by Dale Ho on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Ho, Dale) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
22	CERTIFICATE OF GOOD STANDING re 10 MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Ho, Dale) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
23	NOTICE of Appearance by Michael Skold on behalf of Denise Merrill (Skold, Michael) (Entered: 07/23/2020)	July 23, 2020	July 23, 2020 PACER
24	MOTION for Extension of Time until August 29, 2020 to Respond to Complaint 1 Complaint, by Denise Merrill. (Skold, Michael) (Entered: 07/23/2020)	July 23, 2020	July 23, 2020 RECAP
25	NOTICE of Appearance by Maura Murphy-Osborne on behalf of Denise Merrill (Murphy-Osborne, Maura) (Entered: 07/23/2020)	July 23, 2020	July 23, 2020 PACER
26	NOTICE of Appearance by Alma Rose Nunley on behalf of Denise Merrill (Nunley, Alma) (Entered: 07/23/2020)	July 23, 2020	July 23, 2020 RECAP
27	ORDER granting 24 Defendant's Motion for Extension of Time to Respond to the Complaint, on consent, to 8/29/20. Signed by Judge Janet Bond Arterton on 7/24/20. (Tooker, Aimee) (Entered: 07/24/2020)	July 24, 2020	July 24, 2020 PACER
	Update Answer Deadline	July 24, 2020	July 24, 2020 PACER
	Answer deadline updated for All Defendants. (Tooker, Aimee)	July 24, 2020	July 24, 2020 PACER
	Order on Motion for Extension of Time	July 24, 2020	July 24, 2020 PACER
28	Joint MOTION for Extension of Time until September 28, 2020 for Defendant's Response to Complaint by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Barrett, Dan) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
29	ORDER granting 28 Joint Motion for Extension of Time to Respond to the Complaint to 9/28/20. Signed by Judge Janet Bond Arterton on 8/24/20. (Tooker, Aimee) (Entered: 08/25/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
	Order on Motion for Extension of Time	Aug. 25, 2020	Aug. 25, 2020 PACER
	Answer deadline updated for All Defendants. (Tooker, Aimee)	Aug. 25, 2020	Aug. 25, 2020 PACER
	Update Answer Deadline	Aug. 25, 2020	Aug. 25, 2020 PACER
30	NOTICE of Voluntary Dismissal of Case by All Plaintiffs (Barrett, Dan) (Entered: 09/25/2020)	Sept. 25, 2020	Sept. 25, 2020 Clearinghouse
	Judicial Evaluation Program Survey	Sept. 28, 2020	Sept. 28, 2020 PACER
	JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Nuzzi, Tiffany)	Sept. 28, 2020	Sept. 28, 2020 PACER

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Case Details

State / Territory: Connecticut

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 2, 2020

Closing Date: Sept. 25, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Connecticut State Conference of NAACP Branches, the League of Women Voters of Connecticut, and an individual whose age made her susceptible to serious complications of COVID-19.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Connecticut, State

Defendant Type(s):