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Case: Reclaim Idaho v. Little

1:20-cv-00268 | U.S. District Court for the District of Idaho

Filed Date: June 6, 2020

Closed Date: Dec. 11, 2020

Clearinghouse coding complete

Case Summary

On June 6, 2020, Reclaim Idaho, an Idaho political action committee, filed this lawsuit in the U.S. District Court for the District of Idaho. Represented by a private law firm, the plaintiff sued the Governor and Secretary of State of Idaho under 42 U.S.C. § 1983 and the federal Declaratory Judgment Act. The complaint alleged that the State’s strict enforcement of in-person signature and deadline requirements for ballot initiatives during the COVID-19 pandemic violated voters’ rights under the …

On June 6, 2020, Reclaim Idaho, an Idaho political action committee, filed this lawsuit in the U.S. District Court for the District of Idaho. Represented by a private law firm, the plaintiff sued the Governor and Secretary of State of Idaho under 42 U.S.C. § 1983 and the federal Declaratory Judgment Act. The complaint alleged that the State’s strict enforcement of in-person signature and deadline requirements for ballot initiatives during the COVID-19 pandemic violated voters’ rights under the First and Fourteenth Amendments of the United States Constitution.  At the time of the lawsuit, Reclaim Idaho was responsible for circulating the “Invest in Idaho” educational funding initiative for signature and otherwise qualifying it for the ballot. Plaintiff sought declaratory and injunctive relief. 

On June 26, 2020, Judge B. Lynn Winmill concluded that if not for the COVID-19 pandemic, Reclaim Idaho likely would have received enough signatures for the initiative to be included on the November 2020 ballot. As such, the court granted a preliminary injunction, giving defendants two choices of remedy. The first was that the state could certify the signatures that had already been collected and place the initiative on the November 2020 ballot for voter consideration. The second was that the state could allow Reclaim Idaho an additional 48 days to gather signatures through online solicitation and submission. The court gave defendants a short period of time to select one of these two remedies and tell the court which remedy it had selected. Reclaim Idaho v. Little, 469 F. Supp. 3d 988 (D. Idaho 2020).

Instead of following the court order and selecting one of the two remedies, defendants sought a stay pending their appeal of the district court's order. On June 29, 2020, Judge Winmill denied the request, holding that a stay would effectively prevent Reclaim Idaho from having its initiative placed on the 2020 general ballot, and thereby deny it the remedy required by the First Amendment. The next day, the court directed the state to immediately begin implementation of the remedy originally requested by the plaintiff – online solicitation and acceptance of signature. 

The United States Court of Appeals for the Ninth Circuit subsequently denied Idaho's request for a stay pending appeal, and Idaho then sought the same relief from the Supreme Court. On July 30, 2020, the Supreme Court granted the stay, pending disposition of the appeal in the Ninth Circuit and disposition of the petition for a writ of certiorari, if such writ was timely sought. In his concurrence, Chief Justice Roberts explained that the Court was reasonably likely to grant certiorari, there was a fair prospect that the Court would reverse the district court's judgment, and irreparable harm was likely to result from the denial of a stay. Little v. Reclaim Idaho, 140 S. Ct. 2616 (2020).

On September 1, 2020, the Ninth Circuit held that the practical effect of the Supreme Court's stay was to render this action moot as to this election cycle. However, the Ninth Circuit also concluded that it could still exercise jurisdiction over the case if it was reasonable to expect that the same controversy would recur between Reclaim Idaho and defendants, yet evade meaningful judicial review. The Court of Appeals remanded the case to the district court for the development of a record on whether it would be reasonable to expect that the same controversy would recur leading up to the November 2022 election, if the pandemic were to continue unabated. Reclaim Idaho v. Little, 826 F. App'x 592 (9th Cir. 2020) (Rawlinson and Murguia, JJ.)

On November 27, 2020, plaintiff filed a voluntary motion to dismiss without prejudice; Judge Winmill dismissed the case in its entirety on December 11, 2020. The case is closed.

Summary Authors

Michelle Wolk (7/12/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17229196/parties/reclaim-idaho-v-little/


Judge(s)

Murguia, Mary Helen (Arizona)

Nelson, Ryan Douglas (District of Columbia)

Rawlinson, Johnnie B. (Nevada)

Winmill, B. Lynn (Idaho)

Attorneys(s) for Plaintiff

Durham, Craig (Idaho)

Ferguson, Deborah A (Idaho)

Attorneys(s) for Defendant

Berry, Robert Arthur (Idaho)

Larrondo, Megan A (Idaho)

Judge(s)

Murguia, Mary Helen (Arizona)

Nelson, Ryan Douglas (District of Columbia)

Rawlinson, Johnnie B. (Nevada)

Winmill, B. Lynn (Idaho)

Attorneys(s) for Plaintiff

Durham, Craig (Idaho)

Ferguson, Deborah A (Idaho)

Attorneys(s) for Defendant

Berry, Robert Arthur (Idaho)

Larrondo, Megan A (Idaho)

Documents in the Clearinghouse

Document
1

1:20-cv-00268

Complaint for Declaratory Judgment and Preliminary Injunction

June 6, 2020

June 6, 2020

Complaint
14

1:20-cv-00268

Memorandum Decision and Order

June 26, 2020

June 26, 2020

Order/Opinion
17

1:20-cv-00268

Order on Motion to Stay

June 29, 2020

June 29, 2020

Order/Opinion
19

1:20-cv-00268

Order Granting in Part and Denying in Part Plaintiffs' Motion to Enforce the Court's Order

June 30, 2020

June 30, 2020

Order/Opinion

20-A-00018

Order Granting Stay

Little v. Reclaim Idaho

Supreme Court of the United States

July 30, 2020

July 30, 2020

Order/Opinion
32

1:20-cv-00268

20-35584

Opinion

U. S. Court of Appeals for the Ninth Circuit

Sept. 1, 2020

Sept. 1, 2020

Order/Opinion
38

1:20-cv-00268

Order of Dismissal

Dec. 11, 2020

Dec. 11, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17229196/reclaim-idaho-v-little/

Last updated Nov. 21, 2022, 3:26 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory Judgment and Preliminary Injunction against All Defendants ( Filing fee $ 400 receipt number 0976-2057610.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet, # 2 Summons Governor LIttle, # 3 Summons Secretary of State Denney)(Durham, Craig)

1 Cover Sheet

View on RECAP

2 Summons Governor LIttle

View on RECAP

3 Summons Secretary of State Denney

View on RECAP

June 6, 2020

June 6, 2020

Clearinghouse
2

Expedited MOTION for Preliminary Injunction Craig Durham appearing for Plaintiffs Luke Mayville, Reclaim Idaho. Responses due by 6/29/2020 (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Luke Mayville, # 3 Exhibit Declaration of Rebecca Schroeder, # 4 Exhibit Declaration of Deborah Silver, # 5 Exhibit Declaration of Ashley Prince, # 6 Exhibit Declaration Linda Larson, # 7 Exhibit Declaration of Karen Lansing)(Durham, Craig)

1 Memorandum in Support

View on PACER

2 Exhibit Declaration of Luke Mayville

View on PACER

3 Exhibit Declaration of Rebecca Schroeder

View on PACER

4 Exhibit Declaration of Deborah Silver

View on PACER

5 Exhibit Declaration of Ashley Prince

View on PACER

6 Exhibit Declaration Linda Larson

View on PACER

7 Exhibit Declaration of Karen Lansing

View on PACER

June 6, 2020

June 6, 2020

PACER
3

Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Summons)(jp)

June 8, 2020

June 8, 2020

PACER
4

DOCKET ENTRY ORDER: The Court hereby sets the following briefing schedule on Plaintiffs' Expedited Motion for Preliminary Injunction 2 : Defendants must file a response on or before June 18, 2020 and any reply must be filed on or before June 22, 2020. A hearing on the motion will be set via forthcoming notice of hearing. Signed by Judge B. Lynn Winmill. (ah)

June 8, 2020

June 8, 2020

PACER

Set/Reset Deadlines as to 2 Expedited MOTION for Preliminary Injunction . Per Order dkt 4, Responses due by 6/18/2020 Replies due by 6/22/2020. (jp)

June 8, 2020

June 8, 2020

PACER

Set Motion and R&R Deadlines/Hearings

June 8, 2020

June 8, 2020

PACER
5

NOTICE of Appearance by Megan Ann Larrondo on behalf of Lawerence Denney, Bradley Little (Larrondo, Megan)

June 10, 2020

June 10, 2020

PACER
6

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Lawerence Denney, Bradley Little, Luke Mayville, Reclaim Idaho re 1 Complaint, 5 Notice of Appearance. Consent/Objection to Magistrate due by 8/10/2020. (jp)

June 10, 2020

June 10, 2020

PACER
7

DOCKET ENTRY NOTICE OF HEARING regarding 2 Expedited MOTION for Preliminary Injunction: A Video Motion Hearing is set for 6/23/2020 at 2:00 PM (Mountain Time) before Judge B. Lynn Winmill. The Parties will be provided a link to connect to video separately. The public may listen to the hearing by phone using the following information: 1-669-254-5252; Meeting ID: 161 049 1843; Password: 595473. Members of the public are reminded to mute their phones and that recording the proceedings is prohibited.(jlb)

June 10, 2020

June 10, 2020

PACER
8

MEMORANDUM in Opposition re 2 Expedited MOTION for Preliminary Injunction filed by Lawerence Denney, Bradley Little. Replies due by 7/2/2020. (Attachments: # 1 Declaration of Phil McGrane, # 2 Declaration of Jason Hancock, # 3 Exhibit A to Hancock Declaration, # 4 Declaration of Sheryl Millard, # 5 Exhibit A to Millard Declaration, # 6 Declaration of Andrew Mitzel, # 7 Exhibit A to Mitzel Declaration, # 8 Declaration of Counsel, # 9 Exhibit A to Counsel Declaration)(Berry, Robert)

June 18, 2020

June 18, 2020

PACER
9

REPLY to Response to Motion re 2 Expedited MOTION for Preliminary Injunction filed by Luke Mayville, Reclaim Idaho.Motion Ripe Deadline set for 6/22/2020. (Attachments: # 1 Exhibit A, # 2 Supplemental Declaration of Luke Mayville, # 3 Declaration of Counsel)(Durham, Craig)

June 21, 2020

June 21, 2020

PACER
10

AFFIDAVIT in Support by Luke Mayville re 2 Expedited MOTION for Preliminary Injunction 2nd Supplemental Declaration of Luke Mayville filed by Reclaim Idaho.(Ferguson, Deborah)

June 22, 2020

June 22, 2020

PACER
11

SUPPLEMENT by Defendants Lawerence Denney, Bradley Little re 8 Memorandum in Opposition to Motion,, Supplemental Declaration of Counsel. (Attachments: # 1 Exhibit A to Declaration of Counsel, # 2 Supplemental Declaration of Jason Hancock, # 3 Supplemental Declaration of Phil McGrane)(Berry, Robert)

June 23, 2020

June 23, 2020

PACER
12

ERRATA by Defendants Lawerence Denney, Bradley Little re 11 Supplement, . (Attachments: # 1 Corrected Supplemental Declaration of Phil McGrane)(Berry, Robert)

June 23, 2020

June 23, 2020

PACER
13

Minute Entry for proceedings held before Judge B. Lynn Winmill: A Video Motion Hearing was held on 6/23/2020 re 2 Plaintiff's Expedited Motion for Preliminary Injunction. Motion GRANTED. An order is forthcoming. (Court Reporter Tammy Hohenleitner.) (jlb)

June 23, 2020

June 23, 2020

PACER
14

MEMORANDUM DECISION AND ORDER- It is ORDERED that: 1. Plaintiffs' Expedited Motion for Preliminary Injunction (Dkt. 2 ) is GRANTED. 2. On or before June 26, 2020 at 5:00 p.m. M.S.T., Defendants must file with the Court a notice detailing the reasonable accommodation they have chosen to make to preserve Plaintiffs' core political speech rights as detailed in this Memorandum Decision and Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

June 26, 2020

June 26, 2020

Clearinghouse
15

Notice of Filing of Official Transcript of Proceedings held on 6/23/20 before Judge B. Lynn Winmill. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction re 13 Motion Hearing,. Redaction Request due 7/17/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/24/2020. (th)

June 26, 2020

June 26, 2020

PACER
16

MOTION to Stay re 14 Memorandum Decision,,, Order,,, Terminate Motions,, Robert Arthur Berry appearing for Defendants Lawerence Denney, Bradley Little. Responses due by 7/17/2020 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Berry, Robert)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

June 26, 2020

June 26, 2020

RECAP
17

ORDER DENYING MOTION TO STAY - Defendants Notice And Motion To Stay Pursuant To F.R.C.P. 62(D) and F.R.A.P. 8 (Dkt. 16 ) is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

June 29, 2020

June 29, 2020

Clearinghouse
18

Expedited MOTION to Enforce Court's Order, Craig Durham appearing for Plaintiffs Luke Mayville, Reclaim Idaho. Responses due by 7/20/2020 (Durham, Craig)

June 29, 2020

June 29, 2020

RECAP
19

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO ENFORCE THE COURT'S ORDER - Plaintiffs Expedited Motion to Enforce the Courts Order (Dkt. 18 ) is GRANTED IN PART and DENIED IN PART as explained in this decision. The 48-day period provided for Reclaim Idaho to resume its petition gathering activities begins July 9, 2020. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

June 30, 2020

June 30, 2020

Clearinghouse
20

NOTICE OF APPEAL as to 14 Memorandum Decision,,, Order,,, Terminate Motions,, 19 Order on Motion for Miscellaneous Relief,, by Lawerence Denney, Bradley Little. Filing fee $ 505, receipt number 0976-2069893. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Berry, Robert) 20-35584

June 30, 2020

June 30, 2020

PACER
21

USCA Case Number 20-35584 for 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney. (kt)

July 1, 2020

July 1, 2020

PACER
22

ORDER of USCA (20-35584) as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney (Attachments: # 1 Mediation Questionnaire)(kt) (Main Document 22 replaced on 7/7/2020) (jp). (Attachment 1 replaced on 7/7/2020) (jp). (Entered: 07/06/2020)

July 2, 2020

July 2, 2020

PACER
23

NOTICE by Lawerence Denney, Bradley Little re 19 Order on Motion for Miscellaneous Relief,, (Larrondo, Megan)

July 9, 2020

July 9, 2020

PACER
24

ORDER of USCA as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney. The court sua sponte expedites this appeal. The opening brief is due July 17, 2020. The answering brief is due July 29, 2020. The optional reply brief is due August 3, 2020. (Attachments: # 1 Dissent)(jp) (Entered: 07/10/2020)

July 9, 2020

July 9, 2020

PACER
25

STATUS REPORT on Compliance with Court's June 30th Order by Reclaim Idaho. (Attachments: # 1 Exhibit A to Status Report, # 2 Affidavit 4th Mayville Declaration, # 3 Exhibit 1 to 4th Mayville Declaration, # 4 Exhibit 2 to 4th Mayville Declaration)(Ferguson, Deborah)

July 10, 2020

July 10, 2020

PACER
26

STATUS REPORT by Reclaim Idaho. (Attachments: # 1 Exhibit A to Status Report, # 2 Exhibit B to Status Report, # 3 Affidavit Mayville 5th Declaration, # 4 Exhibit 1 to Mayville 5th Declaration)(Ferguson, Deborah)

July 27, 2020

July 27, 2020

PACER
27

On Application for Stay by Supreme Court of the United States as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney (jp)

July 30, 2020

July 30, 2020

PACER
28

ORDER of USCA (20-35584) as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney (kt) (Entered: 08/06/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
29

ORDER of USCA as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney. In light of oral argument and the parties' concessions of impending mootness, by 8/24/20, Appellants shall either file a motion for voluntary dismissal under Federal Rule of Appellate Procedure 42(b), or inform the Court whether such a dismissal is likely in three pages or less. (jp) (Entered: 08/17/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER

The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (jp)

Aug. 17, 2020

Aug. 17, 2020

PACER
30

DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 9/4/2020 at 2:30 PM before Judge B. Lynn Winmill. The call in information is as follows: 1-877-336-1828 and access code 4685496. (jlb)

Sept. 1, 2020

Sept. 1, 2020

PACER
32

MEMORANDUM of USCA as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney (20-35584) (alw) (Entered: 09/08/2020)

Sept. 1, 2020

Sept. 1, 2020

Clearinghouse
31

AMENDED DOCKET ENTRY NOTICE OF HEARING: The Telephonic Status Conference set for 9/4/2020 is vacated and reset for 9/11/2020 at 2:30 PM Pacific Time (3:30 PM Mountain Time) before Judge B. Lynn Winmill. The call in information is as follows: 1-877-336-1828 and access code 4685496. (jlb)

Sept. 3, 2020

Sept. 3, 2020

PACER
33

MANDATE of USCA as to 20 Notice of Appeal, filed by Bradley Little, Lawerence Denney (jp) (Entered: 09/24/2020)

Sept. 23, 2020

Sept. 23, 2020

RECAP
34

ORDER- Video hearing for oral argument set for January 11, 2021 at 11:00 am. This hearing will be conducted via Zoom. Counsel will receive the video link by separate notification. ( Hearing set for 1/11/2021 11:00 AM in Video - Boise to Other location (Mountain Time) before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Oct. 29, 2020

Oct. 29, 2020

PACER
35

STIPULATION to Modify Briefing Schedule by Reclaim Idaho. (Ferguson, Deborah)

Nov. 19, 2020

Nov. 19, 2020

PACER
36

DOCKET ENTRY ORDER: Good cause appearing, the Court hereby approves the Stipulation to Modify Briefing Schedule (Dkt. 35 ). The Plaintiffs opening brief shall be filed on or before 11/28/20. The Defendants response brief shall be due on or before 12/23/20. The Plaintiffs reply brief shall be due on or before 12/31/20. Signed by Judge B. Lynn Winmill. (aa).

Nov. 20, 2020

Nov. 20, 2020

PACER
37

NOTICE of Voluntary Dismissal by Reclaim Idaho (Ferguson, Deborah)

Nov. 27, 2020

Nov. 27, 2020

RECAP
38

ORDER OF DISMISSAL - This action is DISMISSED WITHOUT PREJUDICE, with each party bearing its own costs and attorney fees. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) (Entered: 12/14/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
39

JUDGMENT - IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that Judgment be entered and that this case be DISMISSED IN ITS ENTIRETY. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) (Entered: 12/14/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER

Case Details

State / Territory: Idaho

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: June 6, 2020

Closing Date: Dec. 11, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An Idaho political action committee responsible for circulating the “Invest in Idaho” educational funding initiative for signature and otherwise qualifying it for the ballot

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Idaho, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

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

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

General:

Voting

Voting access

Voting:

Election administration