Case: Bambenek v. White

3:20-cv-03107 | U.S. District Court for the Central District of Illinois

Filed Date: April 27, 2020

Closed Date: Nov. 9, 2020

Clearinghouse coding complete

Case Summary

This is a challenge to Illinois’ signature collection requirement for initiative referendums to appear on the ballot in light of COVID-19 which made it difficult to safely collect signatures. On April 27, 2020, named plaintiffs, the organizers of two unincorporated political associations, filed a complaint in the District Court for the Central District of Illinois. The plaintiffs were represented by private counsel and the case was assigned to District Judge Sue Myerscough. The defendants inclu…

This is a challenge to Illinois’ signature collection requirement for initiative referendums to appear on the ballot in light of COVID-19 which made it difficult to safely collect signatures. On April 27, 2020, named plaintiffs, the organizers of two unincorporated political associations, filed a complaint in the District Court for the Central District of Illinois. The plaintiffs were represented by private counsel and the case was assigned to District Judge Sue Myerscough. The defendants include the Illinois Secretary of State, the Decatur City Clerk, the Champaign County Clerk, and members of the Illinois State Board of Elections. The plaintiffs argued that the Governor’s shelter at home order and social distancing guidelines made it impossible for them to gather signatures to get referendums on the ballot. They brought their claim under 42 U.S.C. § 1983, alleging that the Illinois signature collection requirements for initiative referendums to be put on the November 3, 2020 ballot violated their right to petition and speech under the First Amendment and to equal protection and due process under the Fourteenth Amendment. Plaintiffs amended their complaint against all defendants on April 30, 2020, adding a third count alleging violations of the Illinois Constitution. 

Plaintiffs sought (1) a temporary restraining order and/or a preliminary injunction to require the modification of the petition collection requirements, including by eliminating the requirement that voters sign in the presence of a circulator, allowing for electronic signatures, reducing the number of required signatures, and extending the filing deadlines, (2) a declaratory judgment that given COVID-19, the petition collection requirements cannot be constitutionally enforced, (3) a permanent injunction barring the enforcement of collection requirements, and (4) an order to pay costs and attorneys fees.

On April 28, 2020, Judge Myerscough held a hearing on plaintiffs’ motion for a preliminary injunction. On May 1, 2020, Judge Myerscough denied the motion, finding that plaintiffs did not show they were likely to succeed on the merits, the balance of harms did not support granting the injunction, and the potential harm to plaintiffs was speculative. 2020 WL 212395. In response, the plaintiffs filed a motion for reconsideration on May 29, 2020, which Judge Myersough denied on July 2, 2020. 2020 WL 6556004. 

Plaintiffs did not file any additional papers with the court for nearly three months, so Magistrate Judge Tom Schanzle-Haskins issued an order to show cause why the court should not dismiss the matter for failure to prosecute. In response, plaintiffs filed a motion to dismiss voluntarily with prejudice for mootness on November 6, 2020 as the election at issue took place on November 3, 2020. Judge Myerscough granted the motion on November 9, 2020, dismissing the case with prejudice and closing the case.

Summary Authors

Sarah Marble (1/28/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17104885/parties/bambenek-v-althoff/


Judge(s)
Attorney for Plaintiff

Abbasi, Pericles Camberis (Illinois)

Cahnman, Samuel J. (Illinois)

Attorney for Defendant

Baggett, Michael B (Illinois)

Dierkes, Michael T. (Illinois)

Flynn, Edward (Illinois)

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Documents in the Clearinghouse

Document

3:20-cv-03107

Docket [PACER]

Bambenek v. Althoff

Nov. 9, 2020

Nov. 9, 2020

Docket
1

3:20-cv-03107

Verified Complaint for Emergency Declaratory and Injunctive Relief

April 7, 2020

April 7, 2020

Complaint
20

3:20-cv-03107

First Amended Verified Complaint for Emergency Declaratory and Injunctive Relief

April 30, 2020

April 30, 2020

Complaint
24

3:20-cv-03107

Order

May 1, 2020

May 1, 2020

Order/Opinion

613 F.Supp.3d 613

35

3:20-cv-03107

Order

July 2, 2020

July 2, 2020

Order/Opinion

2020 WL 2020

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17104885/bambenek-v-althoff/

Last updated March 22, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-3360695.), filed by Decatur Dispensary Project, Lisa Kendall, John Bembenek, John Phillips, Reform Champaign County. (Attachments: # 1 Exhibit Petition - State, # 2 Exhibit Petition - Champ. Co., # 3 Exhibit Declaration - Bambenek, # 4 Exhibit Petition - Decatur, # 5 Exhibit Declaration - Kendall, # 6 Exhibit Declaration - Phillips, # 7 Exhibit Inj. Order-Lib. case, # 8 Civil Cover Sheet)(Cahnman, Samuel) (Entered: 04/27/2020)

1 Exhibit Petition - State

View on RECAP

2 Exhibit Petition - Champ. Co.

View on PACER

3 Exhibit Declaration - Bambenek

View on PACER

4 Exhibit Petition - Decatur

View on PACER

5 Exhibit Declaration - Kendall

View on PACER

6 Exhibit Declaration - Phillips

View on PACER

7 Exhibit Inj. Order-Lib. case

View on PACER

8 Civil Cover Sheet

View on PACER

April 27, 2020

April 27, 2020

Clearinghouse
2

MOTION for Preliminary Injunction by Plaintiffs John Bambenek, Decatur Dispensary Project, Lisa Kendall, John Phillips, Reform Champaign County. Responses due by 5/11/2020 (Cahnman, Samuel) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
3

MEMORANDUM supporting motion for preliminary injunction by John Bambenek, Decatur Dispensary Project, Lisa Kendall, John Phillips, Reform Champaign County. (Cahnman, Samuel) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
4

First MOTION for Hearing re 3 Memorandum, 2 MOTION for Preliminary Injunction immediate or expedited by Plaintiffs John Bambenek, Decatur Dispensary Project, Lisa Kendall, John Phillips, Reform Champaign County. Responses due by 5/12/2020 (Attachments: # 1 Exhibit Email to Defendants' counsels, # 2 Exhibit MA pet. for electr. signatures)(Cahnman, Samuel) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
5

TEXT ORDER: Plaintiff' Emergency Motion for Immediate or Expedited Hearing on Emergency Motion for Preliminary Injunction (d/e 4 ) is GRANTED. Plaintiffs' Emergency Motion for Preliminary or Permanent Injunction (d/e 2 ) is set for a hearing via video on Friday, May 1, 2020, at 1:30 p.m. Instructions for connecting to Judge Myerscough's virtual courtroom are attached. The parties are directed to notify the Court who will be participating by 5:00 p.m. on Thursday, April 30, 2020. Plaintiffs are directed to provide proof of service of the Complaint, Motion for Preliminary or Permanent Injunction and Memorandum in support of that motion, and this text order with attached instructions by 5:00 p.m. on Wednesday, April 29, 2020. The parties are directed promptly to confer regarding a proposed resolution of their dispute. Defendants' response(s) to the Motion for Preliminary or Permanent Injunction, if any, shall be filed by 5:00 p.m. on Thursday, April 30, 2020. Entered by Judge Sue E. Myerscough on 04/28/2020. (DM, ilcd) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
6

NOTICE of Appearance of Attorney by Jerrold H Stocks on behalf of Josh Tanner (Stocks, Jerrold) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
7

NOTICE of Appearance of Attorney by Jerrold H Stocks on behalf of Josh Tanner (Stocks, Jerrold) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
8

NOTICE of Appearance of Attorney by Michael Thomas Dierkes on behalf of Jesse White (Dierkes, Michael) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
9

Josh Tanner ANSWER to 1 Complaint,, by Josh Tanner. (Attachments: # 1 Exhibit to Answer, # 2 Exhibit to Answer, # 3 Affidavit, # 4 Exhibit to Declaration, # 5 Exhibit to Declaration)(Stocks, Jerrold) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
10

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction filed by Defendant Josh Tanner. (Stocks, Jerrold) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

RECAP
11

NOTICE of Appearance of Attorney by Erin Walsh on behalf of William J. Cadigan, Laura K. Donahue, William R. Haine, Ian K. Linnabary, William M. McGuffage, Katherine S. O'Brien, Charles W. Scholz, Cassandra B. Watson (Walsh, Erin) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
12

NOTICE of Appearance of Attorney by John T Robinson on behalf of Kim Althoff. (Robinson, John) Modified on 4/30/2020 to correct docketing error (KM, ilcd). (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
13

CERTIFICATE OF SERVICE by John Bambenek, Decatur Dispensary Project, Lisa Kendall, John Phillips, Reform Champaign County (Cahnman, Samuel) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
14

NOTICE of Appearance of Attorney by Pericles Camberis Abbasi on behalf of All Plaintiffs (Abbasi, Pericles) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
15

RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Defendant Jesse White. (Attachments: # 1 Exhibit 1)(Dierkes, Michael) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
16

RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Defendant Kim Althoff. (Robinson, John) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
17

RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Defendants William J. Cadigan, Laura K. Donahue, William R. Haine, Ian K. Linnabary, William M. McGuffage, Katherine S. O'Brien, Charles W. Scholz, Cassandra B. Watson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Walsh, Erin) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
18

MEMORANDUM of Law in Support of the Decatur City Clerk's Response to Plaintiff's Emergency Motion re 16 Response to Motion by Kim Althoff. (Robinson, John) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
19

NOTICE of Appearance of Attorney by Barbara Joan Mann on behalf of Aaron Ammons (Mann, Barbara) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
20

AMENDED COMPLAINT against All Defendants, filed by Decatur Dispensary Project, Lisa Kendall, John Bambenek, John Phillips, Reform Champaign County. (Attachments: # 1 Exhibit Petition -Const. Amend., # 2 Exhibit Petition - Champ. Co., # 3 Exhibit Declaration - Bambenek, # 4 Exhibit Petition - Decatur, # 5 Exhibit Declaration - Kendall, # 6 Exhibit Declaration - Phillips, # 7 Exhibit Prelim. Inj. Order - Lib case, # 8 Exhibit Declaration -Vaught)(Cahnman, Samuel) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

Clearinghouse
21

AFFIDAVIT in Opposition re 2 MOTION for Preliminary Injunction and in support of State Board of Elections Defendants' Response to Plaintiffs' Emergency Motion for Preliminary or Permanent Injunction and Declaration as a Matter of Law filed by Defendants William J. Cadigan, Laura K. Donahue, William R. Haine, Ian K. Linnabary, William M. McGuffage, Katherine S. O'Brien, Charles W. Scholz, Cassandra B. Watson. (Walsh, Erin) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

Motion Hearing

May 1, 2020

May 1, 2020

PACER

Order on Motion for Preliminary Injunction

May 1, 2020

May 1, 2020

PACER
22

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Plaintiffs John Bambenek, Decatur Dispensary Project, Lisa Kendall, John Phillips, Reform Champaign County. (Attachments: # 1 Exhibit Motion to Reconsider Morgan v White, # 2 Exhibit Judge Pallmeyer Docket Entry Morgan v White, # 3 Exhibit Transcript Morgan v White, # 4 Exhibit Mass Sup Ct Dennis v Galvan, # 5 Exhibit NJ Governor Executive Order)(Abbasi, Pericles) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
23

NOTICE of Appearance of Attorney by Edward F Flynn on behalf of Josh Tanner (Flynn, Edward) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

Minute Entry for proceedings held before Judge Sue E. Myerscough: MOTION HEARING held on 05/01/2020 re Emergency Motion for Preliminary or Permanent Injunction and Declaration as Matter of Law 2 . Court and court personnel present via video and audio. Attorneys Samuel Cahnman and Pericles Camberis Abbasi present via video on behalf of Plaintiffs John Bambenek, Lisa Kendall, John Phillips, Reform Champaign County and Decatur Dispensary Project. Attorney John Robinson present via audio on behalf of Defendant Kim Althoff. Attorney Barbara Mann present via video on behalf of Defendant Aaron Ammons. Attorneys Jerrold Stock and Edward Flynn present via audio on behalf of Defendant Josh Tanner. Attorney Erin Walsh present via video on behalf of Defendants William Cadigan, Katherine O'Brien, Laura Donahue, Cassandra Watson, William Haine, Ian Linnabary, Charles Scholz and William McGuffage. Attorney Michael Dierkes present via audio on behalf of Jesse White. Disclosure by Court as to Defendant Scholz. Acknowledgment of Court as to filed documents. No further evidence presented. Arguments of Plaintiffs' counsel heard. Brief break taken. Arguments of Defendants' counsel heard. Oral ruling rendered with justification stated. Motion denied. Written order to follow. Court adjourned. (Court Reporter KS.) (DM, ilcd)

May 1, 2020

May 1, 2020

PACER
24

ORDER by U.S. District Judge Sue E. Myerscough: SEE WRITTEN ORDER. Plaintiffs have not met their burden in showing that a preliminary injunction is warranted. Therefore, Plaintiffs' Emergency Motion for Preliminary or Permanent Injunction and Declaration as a Matter of Law (d/e 2 ) is DENIED. Entered on 05/01/2020. (DM, ilcd) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

Clearinghouse
25

NOTICE of Appearance of Attorney by Michael B Baggett on behalf of Josh Tanner (Baggett, Michael) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER

Order Striking/Vacating Document (NOT a motion)

May 5, 2020

May 5, 2020

PACER

TEXT ORDER: The incorrectly filed Appearance of Counsel at d/e 6 is STRUCK. The Court notes that Attorney Edward F. Flynn has filed a corrected Appearance at d/e 23 . Entered by Judge Sue E. Myerscough on 5/5/2020. (MAS, ilcd)

May 5, 2020

May 5, 2020

PACER
26

NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 5/1/2020, before Judge Sue E. Myerscough. Court Reporter/Transcriber K.S., Telephone number (217) 492-4810. Transcript purchased by: Samuel Cahnman. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. 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. Redaction Request due 6/5/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/13/2020. (MAS, ilcd) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
27

MOTION for Reconsideration re 24 Order, by Plaintiffs John Bambenek, Decatur Dispensary Project, Lisa Kendall, John Phillips, Reform Champaign County. Responses due by 6/12/2020 (Attachments: # 1 Exhibit Governor Pritzker 5 29 20 Disaster Proclamation, # 2 Exhibit Governor Pritzker 5 29 20 Executive Order, # 3 Exhibit Restore Illinois Plan)(Abbasi, Pericles) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER

TEXT ORDER: Defendants are directed to file their responses to Plaintiffs' Emergency Motion of Reconsideration With Regards to Local Referenda (d/e 27 ) by and including June 5, 2020. Entered by Judge Sue E. Myerscough on 6/1/2020. (MAS, ilcd)

June 1, 2020

June 1, 2020

PACER

~Util - Set/Reset Deadlines AND Order

June 1, 2020

June 1, 2020

PACER
28

RESPONSE to Motion re 27 MOTION for Reconsideration re 24 Order, filed by Defendant Kim Althoff. (Robinson, John) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
29

RESPONSE to Motion re 27 MOTION for Reconsideration re 24 Order, filed by Defendant Josh Tanner. (Attachments: # 1 Exhibit Stipulation from McGorray)(Stocks, Jerrold) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
30

RESPONSE to Motion re 27 MOTION for Reconsideration re 24 Order, filed by Defendant Aaron Ammons. (Mann, Barbara) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
31

MOTION for Leave to File REPLY TO RESPONSES BY DEFENDANTS (DKT 28, 29, 30) by Plaintiffs John Bambenek, Decatur Dispensary Project, Lisa Kendall, John Phillips, Reform Champaign County. Responses due by 6/22/2020 (Abbasi, Pericles) (Entered: 06/07/2020)

June 7, 2020

June 7, 2020

PACER

TEXT ORDER: Plaintiffs' Local Rule 7.1(B)(3) Motion for Leave to Reply to the Defendants' Responses to Emergency Motion for Reconsideration (d/e 31 ) is GRANTED. Plaintiffs' Reply in support of their Emergency Motion of Reconsideration With Regards to Local Referenda (d/e 27 ) shall be filed by and including June 12, 2020. Entered by Judge Sue E. Myerscough on 06/09/2020. (DM, ilcd)

June 9, 2020

June 9, 2020

PACER

Order on Motion for Leave to File

June 9, 2020

June 9, 2020

PACER
32

REPLY to Response to Motion re 27 MOTION for Reconsideration re 24 Order, RESPONSES BY DEFENDANTS (DKT 28, 29, 30 filed by Plaintiffs John Bambenek, Decatur Dispensary Project, Lisa Kendall, John Phillips, Reform Champaign County. (Attachments: # 1 Exhibit Motion to Reconsider Order in Morgan v White)(Abbasi, Pericles) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
33

Exhibit re 32 Reply to Response to Motion, Example of Petition Sheet with Electronically Collected signature by John Bambenek, Decatur Dispensary Project, Lisa Kendall, John Phillips, Reform Champaign County. (Abbasi, Pericles) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
34

NOTICE Of Supplemental Authority (Attachments: # 1 Supplement Order of U.S. Court Of Appeals For the Seventh Circuit)(Cahnman, Samuel) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
35

ORDER entered by Judge Sue E. Myerscough on 7/2/2020. Plaintiffs' Emergency Motion of Reconsideration With Regards to Local Referenda, d/e 27, is DENIED. (SEE WRITTEN ORDER) (MAS, ilcd) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

Clearinghouse

ORDER TO SHOW CAUSE by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff has taken no steps to pursue this matter after the District Court entered the Order on 7/2/2020 35 denying Plaintiff's Emergency Motion of Reconsideration With Regards to Local Referenda 27 . It appears to the Court that Plaintiff is no longer interested in prosecuting this case. This Court therefore directs Plaintiff to show cause by 11/6/2020 why this Court should not recommend that this matter be dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). (LB, ilcd)

Oct. 26, 2020

Oct. 26, 2020

PACER

Order to Show Cause

Oct. 26, 2020

Oct. 26, 2020

PACER
36

MOTION to Dismiss Voluntarily with Prejudice for Mootness by Plaintiffs John Bambenek, Decatur Dispensary Project, Lisa Kendall, John Phillips, Reform Champaign County. Responses due by 11/20/2020 (Abbasi, Pericles) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

RECAP

TEXT ORDER: Plaintiffs' Rule 41 Motion to Voluntarily Dismiss Case as Moot (d/e 36 ) is GRANTED. Pursuant to the motion, this case is DISMISSED WITH PREJUDICE. Parties to bear their own costs. No judgment to enter. CASE CLOSED. Entered by Judge Sue E. Myerscough on 11/9/2020. (MAS, ilcd)

Nov. 9, 2020

Nov. 9, 2020

PACER

Order on Motion to Dismiss

Nov. 9, 2020

Nov. 9, 2020

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Election/Voting Rights

Speech and Religious Freedom

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: April 27, 2020

Closing Date: Nov. 9, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

private individual voters and unincorporated political organizations

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Illinois Secretary of State, State

Decatur City Clerk (Decatur), City

Champaign County Clerk, County

Board Members for the Illinois State Board of Elections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Voting: General & Misc.

Election administration

COVID-19:

Mitigation Requested