Filed Date: May 19, 2020
Closed Date: Sept. 16, 2020
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This is a case about the constitutionality of upholding Idaho’s absentee ballot request deadline after the state’s website failed, preventing voters from requesting ballots by the deadline.
On May 19, 2020, Nicholas Jones for Congress (a principal political campaign committee with its main office in Idaho) along with two individual Idaho voters jointly filed suit against the Idaho Secretary of State in the U.S. District Court for the District of Idaho. The case was assigned to District Judge B. Lynn Winmill. The plaintiffs, represented by private counsel, challenged the state’s failure to ensure reliable access to absentee ballot requests, alleging that the failure of the state’s website to allow Idaho voters to timely request absentee ballots violated the First and Fourteenth Amendments under 42 U.S.C. § 1983, as well as Article 1, §§ 1, 2, and 19 of the Idaho State Constitution. The plaintiffs sought injunctive relief, requesting that the court order the defendants to extend the absentee ballot request deadline to May 26, 2020, and publicly notify voters of the extension.
Under Idaho law, voters were required to request an absentee ballot by May 19, 2020, through a website maintained by the Secretary of State’s office. On May 19, 2020, the website crashed, preventing many voters from requesting their absentee ballots before the deadline expired. The Nicholas Jones for Congress campaign committee attempted to assist 134 voters in requesting ballots but was unsuccessful due to the website’s consistent failures. The individual plaintiffs also attempted, but were unable, to request absentee ballots because of the website crashes. The plaintiffs alleged that the website failure and the Secretary of State’s refusal to extend the deadline deprived Idaho voters of their constitutional right to vote.
On May 19, 2020, the plaintiffs filed a motion for a temporary restraining order and emergency injunctive relief, seeking to extend the deadline for Idaho voters to request absentee ballots due to technical issues with Idaho’s ballot request website. On May 20, 2020, the plaintiffs petitioned for the absentee ballot request deadline to be extended to May 26, 2020. On May 22, 2020, the court held an emergency hearing on the motion and granted the plaintiffs’ requested injunctive relief ordering the defendant to extend the absentee ballot request deadline until 8:00 p.m. on May 26, 2020, and issue public notices informing voters of the extension. The state complied with the order and allowed registered voters to request absentee ballots until May 26, 2020, enabling an additional 14,000 voters to request absentee ballots between May 22 and May 26, 2020.
On June 11, 2020, the plaintiffs filed a motion for attorneys’ fees and costs under 42 U.S.C. § 1988. On September 16, 2020, the court granted the plaintiffs’ motion, awarding them $28,386 in attorneys’ fees and $400 in costs.
Summary Authors
Dani Block (3/2/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17181425/parties/nicholas-jones-for-congress-v-idaho-secretary-of-state/
Winmill, B. Lynn (Idaho)
Winmill, Barry Lynn (Idaho)
Hodson, Alexandra (Idaho)
Lombardo, Amy A. (Idaho)
See docket on RECAP: https://www.courtlistener.com/docket/17181425/nicholas-jones-for-congress-v-idaho-secretary-of-state/
Last updated Aug. 21, 2025, 10:59 a.m.
State / Territory: Idaho
Case Type(s):
Special Collection(s):
Healthy Elections COVID litigation tracker
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: May 19, 2020
Closing Date: Sept. 16, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
(1) A Principal Political Campaign Committee, with its main office in Ada County, Idaho; (2) An individual resident and voter in the First Congressional District of Idaho who was unable to request an absentee ballot due to the Secretary of State website crash; (3) A resident of Boise, Idaho who was unable to request an absentee ballot due to the Secretary of State website crash.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Amount Defendant Pays: $26, 873.50 in fees, expenses, and costs
Order Duration: 2020 - 2020
Issues
General/Misc.:
Voting: