Case: Frye v. Gardner

1:20-cv-00751 | U.S. District Court for the District of New Hampshire

Filed Date: July 7, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about equal access to voting for print-disabled voters. On July 7, 2020, the National Federation of the Blind, Inc.; the National Federation of the Blind of New Hampshire, Inc.; Granite State Independent Living; and three individuals, two who identify as blind and one with a muscle-weakness disability, filed this lawsuit in the U.S. District Court for the District of New Hampshire. The plaintiffs sued the state of New Hampshire under Title II of the Americans with Disabilities Act …

This case is about equal access to voting for print-disabled voters. On July 7, 2020, the National Federation of the Blind, Inc.; the National Federation of the Blind of New Hampshire, Inc.; Granite State Independent Living; and three individuals, two who identify as blind and one with a muscle-weakness disability, filed this lawsuit in the U.S. District Court for the District of New Hampshire. The plaintiffs sued the state of New Hampshire under Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12131 et seq., and Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794 et seq.

Represented by the Disability Rights Center of New Hampshire and private counsel, the plaintiffs sought a preliminary injunction to remedy the absentee voting program to allow online access for print-disabled voters and a permanent injunction to prevent violations of the ADA and Section 504 in the future. They claimed that print-disabled voters have an equal right to fair voting access, but the New Hampshire absentee voting system did not give this equal right based on the lack of independence and privacy provided. They further alleged that the COVID-19 pandemic exacerbated problems for their access. Overall, they asserted that the absentee voting program in New Hampshire was unconstitutional due to the lack of access provided to print-disabled voters because of the failure of the state to implement available technologies to create such access. The case was assigned to Judge Steven J. McAuliffe.

According to the complaint, the New Hampshire absentee voting program relied on printed forms and ballots, which print-disabled voters cannot read or mark independently. Moreover, the Department of State of New Hampshire maintained voting information websites which lacked a heading structure, contained non-clickable links, and contained images with substantive information that lacked alternative text. The plaintiffs therefore alleged that the voting system was inaccessible to print-disabled voters who wished to vote independently and who felt unsafe voting in-person with the pandemic. 

The parties reached an agreement on August 28, 2020 for defendants to contract with the company VotingWorks to implement a remote, accessible vote-by-mail system for the September 8, 2020 primary election and the November 3, 2020 general election. The defendants also agreed to make accessible webpages for print-disabled persons to find certain related information, but the system still left certain webpages and forms on the New Hampshire election website inaccessible for print-disabled voters. Moreover, the contract with VotingWorks did not provide a method for independent and private return of marked ballots. The two blind individual plaintiffs, the plaintiff with a muscle-weakness disability, and an additional plaintiff with a physical disability all alleged that, despite the agreement, they were forced to rely on outside assistance which was not private to return their marked ballots in the elections.

On December 9, 2020, the court conceded that all of the plaintiffs' original claims had since been mooted, because the original claims stemmed from concerns regarding the September 8, 2020 primary election and November 3, 2020 general election. Nevertheless, the court allowed the timely filing of an amended complaint on March 4, 2021, which requested permanent solutions to the absentee voting program. This included an accessible, fully electronic absentee voting program; a fully accessible website; and policies to maintain its accessibility.

On October 6, 2021, the parties entered a proposed settlement agreement. In order to meet the needs requested by the plaintiffs, the defendants would need to rely on third party vendors. The defendants agreed to continue to retain the services of VotingWorks or another substantially equivalent system for print-disabled voters to receive and mark their absentee ballots. However, the parties agreed the system would continue to not include a method of electronic return of the absentee ballot once it has been completed. Furthermore, the defendants agreed to provide timely updates of all available information about the absentee voting program for persons with print disabilities. New Hampshire agreed to ensure that the election website would remain compliant with ADA and Rehabilitation Act requirements. In addition, the defendants agreed to, in good faith, continue to explore commercially available electronic methods of delivering ballots to print-disabled voters and allowing them to mark and return the ballots using a secure cloud-based portal. The defendants agreed to hold consultations with an expert regarding the feasibility of this system and complete an evaluation in 2023. The parties assented to the motion to dismiss without prejudice based on the settlement agreement, and judgment was entered with the court retaining jurisdiction to enforce the terms of the settlement.

The parties retained the option to re-open the case if the terms of the proposed settlement agreement were not followed, and, as of March 17, 2022, the case is ongoing.

Summary Authors

Lauren Cole (3/17/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17329483/parties/frye-v-secretary-of-state-nh-state-of/


Judge(s)

McAuliffe, Steven J. (New Hampshire)

Attorneys(s) for Plaintiff

Care, Gregory P. (Maryland)

Galdieri, Anthony (New Hampshire)

Graber, Abigail (Maryland)

Phelan, Pamela E (New Hampshire)

Ziegra, James (New Hampshire)

Attorneys(s) for Defendant

Garland, Samuel R. V. (New Hampshire)

Zoracki, Seth Michael (New Hampshire)

Judge(s)

McAuliffe, Steven J. (New Hampshire)

Attorneys(s) for Plaintiff

Care, Gregory P. (Maryland)

Galdieri, Anthony (New Hampshire)

Graber, Abigail (Maryland)

Phelan, Pamela E (New Hampshire)

Ziegra, James (New Hampshire)

Attorneys(s) for Defendant

Garland, Samuel R. V. (New Hampshire)

Zoracki, Seth Michael (New Hampshire)

Documents in the Clearinghouse

Document

1:20-cv-00751

Docket [PACER]

Frye v. Secretary of State, NH

Nov. 16, 2020

Nov. 16, 2020

Docket
1

1:20-cv-00751

Complaint

July 7, 2020

July 7, 2020

Complaint
34

1:20-cv-00751

Amended Complaint

Oct. 6, 2020

Oct. 6, 2020

Complaint
57

1:20-cv-00751

Second Amended Complaint

March 4, 2021

March 4, 2021

Pleading / Motion / Brief
69

1:20-cv-00751

Proposed Settlement Agreement

Oct. 6, 2021

Oct. 6, 2021

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17329483/frye-v-secretary-of-state-nh-state-of/

Last updated Aug. 15, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

NEW CASE/ COMPLAINT Filing fee $ 400, receipt number ANHDC-2000210 filed by Granite State Independent Living, National Federation of the Blind, Daniel Frye, Jeffrey J. Dickinson, Mary Jean Shiner, National Federation of the Blind New Hampshire. (Attachments: # 1 Exhibit Stipulation in USDC SDNY Case, # 2 Exhibit Consent Decree USDC ED Mich Case, # 3 Civil Cover Sheet, # 4 Summons - Waiver, # 5 Summons - Waiver, # 6 Summons - Waiver, # 7 Summons - Waiver)(Phelan, Pamela) (Entered: 07/07/2020)

1 Exhibit Stipulation in USDC SDNY Case

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2 Exhibit Consent Decree USDC ED Mich Case

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3 Civil Cover Sheet

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4 Summons - Waiver

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5 Summons - Waiver

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6 Summons - Waiver

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7 Summons - Waiver

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July 7, 2020

July 7, 2020

Clearinghouse
2

Disclosure Statement by Granite State Independent Living disclosing no parent company, no publicly traded company, and no merger agreement. (Phelan, Pamela) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
3

Disclosure Statement by National Federation of the Blind disclosing no parent company, no publicly traded company, and no merger agreement. (Phelan, Pamela) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
4

Disclosure Statement by National Federation of the Blind New Hampshire disclosing no parent company, no publicly traded company, and no merger agreement. (Phelan, Pamela) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
5

Assented to MOTION for Abigail A. Graber to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2000214.) filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind, National Federation of the Blind New Hampshire, Mary Jean Shiner. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Abigail Graber)(Phelan, Pamela) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
6

Assented to MOTION for Gregory Care to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2000216.) filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind, National Federation of the Blind New Hampshire, Mary Jean Shiner. (Attachments: # 1 Exhibit (Affidavit))(Phelan, Pamela) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
7

WITHDRAWN - see doc. no. 29. MOTION for Preliminary Injunction filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind, National Federation of the Blind New Hampshire, Mary Jean Shiner. HEARING REQUESTED.Follow up on Objection on 7/21/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) Frye Declaration, # 3 Exhibit (Affidavit) Shiner Declaration, # 4 Exhibit (Affidavit) Dickinson Declaration, # 5 Exhibit (Affidavit) Blake NFB Declaration, # 6 Exhibit (Affidavit) Ritcey GSIL Declaration, # 7 Exhibit (Affidavit) Care Declaration with attachments, # 8 Proposed Order)(Phelan, Pamela) Modified on 8/31/2020 to add: withdrawn text (lw). (Entered: 07/07/2020)

1 Memorandum of Law

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2 Exhibit (Affidavit) Frye Declaration

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3 Exhibit (Affidavit) Shiner Declaration

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4 Exhibit (Affidavit) Dickinson Declaration

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5 Exhibit (Affidavit) Blake NFB Declaration

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6 Exhibit (Affidavit) Ritcey GSIL Declaration

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7 Exhibit (Affidavit) Care Declaration with attachments

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8 Proposed Order

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July 7, 2020

July 7, 2020

PACER

Case assigned to Judge Steven J. McAuliffe. The case designation is: 1:20-cv-751-SM. Please show this number with the judge designation on all future pleadings. (mc)

July 7, 2020

July 7, 2020

PACER

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (mc)

July 8, 2020

July 8, 2020

PACER

NOTICE of ECF Filing Errors re: 5 Assented to MOTION for Abigail A. Graber to Appear Pro Hac Vice, 6 Assented to MOTION for Gregory Care to Appear Pro Hac Vice filed by National Federation of the Blind New Hampshire, Mary Jean Shiner, National Federation of the Blind, Inc., Daniel Frye, Granite State Independent Living, Jeffrey J. Dickinson. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(lw)

July 8, 2020

July 8, 2020

PACER
8

Summonses and Waivers issued electronically as to Department of State, NH, State of, Secretary of State, NH, State of. NOTICE: Counsel shall print and serve the summonses and waivers and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(mc) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
9

WAIVER OF SERVICE Returned Executed as to Secretary of State, NH, State of by All Plaintiffs. Served/Mailed on 7/8/2020. Answer Follow Up on 9/9/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Phelan, Pamela) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
10

WAIVER OF SERVICE Returned Executed as to Department of State, NH, State of by All Plaintiffs. Served/Mailed on 7/8/2020. Answer Follow Up on 9/9/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Phelan, Pamela) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER

ENDORSED ORDER granting 5 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(mc)

July 8, 2020

July 8, 2020

PACER

ENDORSED ORDER granting 6 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(mc)

July 8, 2020

July 8, 2020

PACER

Case Assigned

July 8, 2020

July 8, 2020

PACER

Notice - ECF

July 8, 2020

July 8, 2020

PACER

ECF - Filing Error - Info Only

July 8, 2020

July 8, 2020

PACER

Order on Motion to Appear Pro Hac Vice

July 8, 2020

July 8, 2020

PACER

NOTICE of Hearing. Status Conference, via telephone, set for 7/13/2020 02:30 PM before Judge Steven J. McAuliffe. The court will email the call in information.(lw)

July 9, 2020

July 9, 2020

PACER
11

NOTICE of Attorney Appearance by James P. Ziegra on behalf of Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner Attorney James P. Ziegra added to party Jeffrey J. Dickinson(pty:pla), Attorney James P. Ziegra added to party Daniel Frye(pty:pla), Attorney James P. Ziegra added to party Granite State Independent Living(pty:pla), Attorney James P. Ziegra added to party National Federation of the Blind New Hampshire(pty:pla), Attorney James P. Ziegra added to party National Federation of the Blind, Inc.(pty:pla), Attorney James P. Ziegra added to party Mary Jean Shiner(pty:pla).(Ziegra, James) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
12

NOTICE of Attorney Appearance by Seth Michael Zoracki on behalf of Department of State, NH, State of, Secretary of State, NH, State of Attorney Seth Michael Zoracki added to party Department of State, NH, State of(pty:dft), Attorney Seth Michael Zoracki added to party Secretary of State, NH, State of(pty:dft).(Zoracki, Seth) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
13

NOTICE of Attorney Appearance by Anthony Galdieri (NHAG) on behalf of Department of State, NH, State of, Secretary of State, NH, State of Attorney Anthony Galdieri (NHAG) added to party Department of State, NH, State of(pty:dft), Attorney Anthony Galdieri (NHAG) added to party Secretary of State, NH, State of(pty:dft).(Galdieri (NHAG), Anthony) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
14

NOTICE of Attorney Appearance by Samuel R.V. Garland on behalf of Department of State, NH, State of, Secretary of State, NH, State of Attorney Samuel R.V. Garland added to party Department of State, NH, State of(pty:dft), Attorney Samuel R.V. Garland added to party Secretary of State, NH, State of(pty:dft).(Garland, Samuel) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER

Hearing Notice

July 9, 2020

July 9, 2020

PACER
15

NOTICE of Attorney Appearance by Greg P. Care on behalf of Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner Attorney Greg P. Care added to party Jeffrey J. Dickinson(pty:pla), Attorney Greg P. Care added to party Daniel Frye(pty:pla), Attorney Greg P. Care added to party Granite State Independent Living(pty:pla), Attorney Greg P. Care added to party National Federation of the Blind New Hampshire(pty:pla), Attorney Greg P. Care added to party National Federation of the Blind, Inc.(pty:pla), Attorney Greg P. Care added to party Mary Jean Shiner(pty:pla).(Care, Greg) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
16

NOTICE of Attorney Appearance by Abigail Graber on behalf of Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner Attorney Abigail Graber added to party Jeffrey J. Dickinson(pty:pla), Attorney Abigail Graber added to party Daniel Frye(pty:pla), Attorney Abigail Graber added to party Granite State Independent Living(pty:pla), Attorney Abigail Graber added to party National Federation of the Blind New Hampshire(pty:pla), Attorney Abigail Graber added to party National Federation of the Blind, Inc.(pty:pla), Attorney Abigail Graber added to party Mary Jean Shiner(pty:pla).(Graber, Abigail) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER

Minute Entry for proceedings held before Judge Steven J. McAuliffe. STATUS CONFERENCE held on 7/13/2020. Defendants to file their response/objection to the Motion for Preliminary Injunction by 7/28/20. Evidentiary hearing to be scheduled 8/25/20 re: preliminary injunction motion. (Court Reporter: Brenda Hancock) (Pltfs Atty: Pamela Phelan, James Ziegra, Greg Care, Abigail Graber) (Defts Atty: Anthony Galdieri, Samuel Garland, Seth Zoracki)(Total Hearing Time: 40 minutes) (lw)

July 13, 2020

July 13, 2020

PACER

Status Conference

July 13, 2020

July 13, 2020

PACER

NOTICE of Hearing re: 7 MOTION for Preliminary Injunction. Evidentiary Hearing, via video conference, set for 8/25/2020 10:00 AM before Judge Steven J. McAuliffe.(lw)

July 14, 2020

July 14, 2020

PACER

Hearing Notice

July 14, 2020

July 14, 2020

PACER
17

Filed in Error - see doc. no. 18. Assented to MOTION to Extend Time to Object/Respond to 7 MOTION for Preliminary Injunction to August 4, 2020 filed by Department of State, NH, State of, Secretary of State, NH, State of.(Zoracki, Seth) Modified on 7/29/2020 to add:filed in error test (lw). (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
18

Assented to MOTION to Extend Time to Object/Respond to 7 MOTION for Preliminary Injunction to August 4, 2020 filed by Department of State, NH, State of, Secretary of State, NH, State of.(Zoracki, Seth) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER

ENDORSED ORDER granting 18 Assented to Motion to Extend Time to Object/Respond re 7 Motion for Preliminary Injunction. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe. Follow up on Objection on 8/4/2020. (lw)

July 29, 2020

July 29, 2020

PACER

Order on Motion to Extend Time to Object/Respond

July 29, 2020

July 29, 2020

PACER
19

MOTION to Extend Time to Object/Respond to 7 MOTION for Preliminary Injunction to August 11, 2020 filed by Department of State, NH, State of, Secretary of State, NH, State of.Follow up on Objection on 8/18/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Zoracki, Seth) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
20

OBJECTION to 19 MOTION to Extend Time to Object/Respond to 7 MOTION for Preliminary Injunction to August 11, 2020 filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner. Follow up on Reply on 8/11/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Phelan, Pamela) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER

ENDORSED ORDER granting 19 Motion to Extend Time to Object/Respond re 7 Motion for Preliminary Injunction. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe. Follow up on Objection on 8/11/2020. (lw)

Aug. 6, 2020

Aug. 6, 2020

PACER
21

Emergency MOTION to Expedite Discovery on Motion for Preliminary Injunction filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner.Follow up on Objection on 8/20/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Ex. A Notice of Rule 30(b)(6) Deposition of Defendant, # 2 Ex. B Plaintiffs' First Request For Production of Documents, # 3 Ex. C Notice of Rule 30(b)(6) Deposition Democracy Live, # 4 Ex. D Notice of Rule 30(b)(6) Deposition Voting Works)(Phelan, Pamela) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER

Order on Motion to Extend Time to Object/Respond

Aug. 6, 2020

Aug. 6, 2020

PACER

ENDORSED ORDER re: 21 Emergency MOTION to Expedite Discovery on Motion for Preliminary Injunction. Text of Order: The objection deadline is August 20, 2020, which is impractical given the hearing schedule. Defendants shall file an objection, if they wish, on or before Friday, August 14, 2020. So Ordered by Judge Steven J. McAuliffe.(lw)

Aug. 11, 2020

Aug. 11, 2020

PACER
22

Assented to MOTION to Exceed Page Limit filed by Department of State, NH, State of, Secretary of State, NH, State of.(Garland, Samuel) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
23

OBJECTION to 7 MOTION for Preliminary Injunction filed by Department of State, NH, State of, Secretary of State, NH, State of. Follow up on Reply on 8/18/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law in Support of Objection, # 2 Exhibit (Affidavit) Declaration of David Scanlan)(Garland, Samuel) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER

Endorsed Order - not on motion

Aug. 11, 2020

Aug. 11, 2020

PACER

ENDORSED ORDER granting 22 Assented to Motion to Exceed Page Limit. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)

Aug. 12, 2020

Aug. 12, 2020

PACER

Order on Motion to Exceed

Aug. 12, 2020

Aug. 12, 2020

PACER
24

OBJECTION to 21 Emergency MOTION to Expedite Discovery on Motion for Preliminary Injunction filed by Department of State, NH, State of, Secretary of State, NH, State of. Follow up on Reply on 8/21/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Garland, Samuel) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
25

MOTION for Hearing Status Conference filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner. HEARING REQUESTED.Follow up on Objection on 8/31/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Phelan, Pamela) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
26

RESPONSE to Motion re 25 MOTION for Hearing Status Conference filed by Department of State, NH, State of, Secretary of State, NH, State of. (Garland, Samuel) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
27

Assented to MOTION for Leave to File Reply Memorandum filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner. (Attachments: # 1 Exhibit Memorandum in Reply to Objection to Motion for Preliminary Injunction)(Phelan, Pamela) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER

ENDORSED ORDER granting 27 Assented to Motion for Leave to File Reply Memorandum. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Steven J. McAuliffe.(lw)

Aug. 19, 2020

Aug. 19, 2020

PACER

ENDORSED ORDER denying 21 Emergency Motion to Expedite Discovery on Motion for Preliminary Injunction. Text of Order: Denied; largely for the reasons given in defendants' memorandum in opposition. Expedited discovery has not been shown to be reasonable or necessary under these circumstances. The issues appear to be straightforward and not particularly fact-dependant; defendants appear to be making substantial progress in addressing the concerns underlying this lawsuit and, on balance, diverting them from that effort to instead focus on expedited discovery seems both unwarranted and likely counterproductive; and, offers of proof at the preliminary injunction hearing (scheduled for next week) would seem to suffice. If there is some critical fact issue that could be outcome determinative as explained at the upcoming hearing, then limited discovery on that point may be requested. A status conference will be held on Friday, August 21, 2020. So Ordered by Judge Steven J. McAuliffe.(lw)

Aug. 19, 2020

Aug. 19, 2020

PACER

NOTICE of Hearing. Status Conference, via telephone, set for 8/21/2020 02:30 PM before Judge Steven J. McAuliffe. The court will email the call-in information.(lw)

Aug. 19, 2020

Aug. 19, 2020

PACER
28

REPLY to Objection to Motion re 7 MOTION for Preliminary Injunction filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner. Surreply due by 8/24/2020. (Attachments: # 1 Exhibit (A) Declaration Karl Groves, # 2 Exhibit (B) Declaration Gregory P. Care, # 3 Exhibit (C) Declaration Bryan Finney)(Phelan, Pamela) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER

Order on Motion for Leave to File

Aug. 19, 2020

Aug. 19, 2020

PACER

Order on Motion to Expedite

Aug. 19, 2020

Aug. 19, 2020

PACER

Hearing Notice

Aug. 19, 2020

Aug. 19, 2020

PACER

Minute Entry for proceedings held before Judge Steven J. McAuliffe. STATUS CONFERENCE held on 8/21/2020. Status Conference to be scheduled for 8/28/20 and Evidentiary Hearing to be rescheduled to 8/31/20, if needed. (Pltfs Atty: Pamela Phelan, James Ziegra, Greg Care, Abigail Graber) (Defts Atty: Anthony Galdieri, Samuel Garland, Seth Zoracki)(Total Hearing Time: 21 minutes) (lw)

Aug. 21, 2020

Aug. 21, 2020

PACER

NOTICE of Hearing. Status Conference set for 8/28/2020 10:00 AM, via telephone conference, before Judge Steven J. McAuliffe. The court will email the call-in information.(lw)

Aug. 21, 2020

Aug. 21, 2020

PACER

RESCHEDULING NOTICE of Hearing re: 7 MOTION for Preliminary Injunction. Evidentiary Hearing set for 8/31/2020 10:00 AM, via video conference, before Judge Steven J. McAuliffe.(lw)

Aug. 21, 2020

Aug. 21, 2020

PACER

Status Conference

Aug. 21, 2020

Aug. 21, 2020

PACER

Hearing Notice

Aug. 21, 2020

Aug. 21, 2020

PACER

Rescheduling Hearing Notice

Aug. 21, 2020

Aug. 21, 2020

PACER

Minute Entry for proceedings held before Judge Steven J. McAuliffe. STATUS CONFERENCE held on 8/28/2020. Parties have reached an agreement and are in the process of finalizing. The Evidentiary Hearing scheduled for 8/31 is tentatively cancelled but will be rescheduled to later in the afternoon, if necessary. (Pltfs Atty: Pamela Phelan, James Ziegra, Greg Care) (Defts Atty: Anthony Galdieri, Samuel Garland, Seth Zoracki)(Total Hearing Time: 15 minutes) (lw)

Aug. 28, 2020

Aug. 28, 2020

PACER

Status Conference

Aug. 28, 2020

Aug. 28, 2020

PACER
29

Notice of Withdrawal of Motion: 7 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit (A) Term Sheet)(Phelan, Pamela) (Entered: 08/30/2020)

1 Exhibit (A) Term Sheet

View on RECAP

Aug. 30, 2020

Aug. 30, 2020

RECAP

ENDORSED ORDER 29 Notice of Withdrawal of 7 Motion for Preliminary Injunction. Text of Order: Reviewed. So Ordered by Judge Steven J. McAuliffe.(lw)

Aug. 31, 2020

Aug. 31, 2020

PACER

Endorsed Order - not on motion

Aug. 31, 2020

Aug. 31, 2020

PACER
30

MOTION to Extend Time to Answer to September 22, 2020 filed by Department of State, NH, State of, Secretary of State, NH, State of.Follow up on Objection on 9/18/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Zoracki, Seth) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
31

NOTICE of No Objection to Defendants' Motion to Extend Time to Answer or Otherwise Respond to Complaint by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner.(Phelan, Pamela) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER

ENDORSED ORDER granting 30 Motion to Extend Time to Answer re: 1 Complaint - New Case. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe. Answer Follow Up on 9/18/2020. (lw)

Sept. 9, 2020

Sept. 9, 2020

PACER

Order on Motion to Extend Time to Answer

Sept. 9, 2020

Sept. 9, 2020

PACER
32

MOTION to Dismiss filed by Department of State, NH, State of, Secretary of State, NH, State of.Follow up on Objection on 10/6/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law Defendants' Memorandum of Law in Support of Their Motion to Dismiss)(Zoracki, Seth) (Entered: 09/22/2020)

1 Memorandum of Law Defendants' Memorandum of Law in Support of Their Motion

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Sept. 22, 2020

Sept. 22, 2020

PACER

ENDORSED ORDER : Text of Order: No pretrial conference will be scheduled until after resolution of the pending Motion to Dismiss (#32). Given the issues raised in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. So Ordered by Judge Steven J. McAuliffe.(lw)

Sept. 30, 2020

Sept. 30, 2020

PACER

Endorsed Order - not on motion

Sept. 30, 2020

Sept. 30, 2020

PACER
33

Replaced - See doc. no. 35. OBJECTION to 32 MOTION to Dismiss filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner. Follow up on Reply on 10/13/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit 1 Care Decl and Attachment A)(Phelan, Pamela) Modified on 10/7/2020 to add: replaced text (lw). (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
34

AMENDED COMPLAINT against All Defendants filed by Granite State Independent Living, Jeffrey J. Dickinson, Mary Jean Shiner, Daniel Frye, National Federation of the Blind, Inc., National Federation of the Blind New Hampshire. (Attachments: # 1 Exhibit 1 - U.S. Dist. Ct D. Me. Joint Status Report, # 2 Exhibit 2 - U.S. Dist. Ct E.D. Mich. Consent Decree)(Phelan, Pamela) Modified on 10/7/2020 to add: exhibit descriptions (lw). (Entered: 10/06/2020)

1 Exhibit 1 - U.S. Dist. Ct D. Me. Joint Status Report

View on PACER

2 Exhibit 2 - U.S. Dist. Ct E.D. Mich. Consent Decree

View on PACER

Oct. 6, 2020

Oct. 6, 2020

Clearinghouse
35

OBJECTION to 32 MOTION to Dismiss filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner. Follow up on Reply on 10/14/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law CORRECTED, # 2 Exhibit 1 Care Decl and Attachment A)(Phelan, Pamela) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
36

REPLY to Objection to Motion re 32 MOTION to Dismiss filed by Department of State, NH, State of, Secretary of State, NH, State of. Surreply due by 10/19/2020. (Attachments: # 1 Exhibit (Affidavit) Declaration of David Scanlan, # 2 Attachment to Exhibit Ex. A - Sept. 2019 Letter, # 3 Attachment to Exhibit Ex. B - July 2020 Letter, # 4 Attachment to Exhibit Ex. C - VotingWorks Contract, # 5 Attachment to Exhibit Ex. D - Aug. 2020 Press Release)(Zoracki, Seth) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
37

SURREPLY to Reply to 32 MOTION to Dismiss filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner. (Attachments: # 1 Exhibit 1 Declaration of Pamela Phelan, # 2 Exhibit 2 Declaration of Daniel Hebert)(Phelan, Pamela) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
38

MOTION to Strike 34 Amended Complaint, or Otherwise Dismiss for Lack of Jurisdiction filed by Department of State, NH, State of, Secretary of State, NH, State of.Follow up on Objection on 11/3/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Garland, Samuel) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
39

TRANSCRIPT of Proceedings for Status Conference held on July 13, 2020. Court Reporter: Brenda Hancock, Telephone # 603 225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 11/19/2020. Redacted Transcript Follow Up 11/30/2020. Release of Transcript Restriction set for 1/25/2021.(lw) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
40

MOTION Take Judicial Notice of or Supplement Briefing with 7/13/2020 Conference Transcript filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner. HEARING REQUESTED.Follow up on Objection on 11/13/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law in support of Motion)(Phelan, Pamela) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
41

OBJECTION to 38 MOTION to Strike 34 Amended Complaint, or Otherwise Dismiss for Lack of Jurisdiction filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner. Follow up on Reply on 11/9/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit 1 Ziegra Declaration)(Phelan, Pamela) (Entered: 11/01/2020)

Nov. 1, 2020

Nov. 1, 2020

PACER
42

MOTION to Extend Time to File Reply to Plaintiffs' Objection to Motion to Strike or Otherwise Dismiss the Amended Complaint filed by Department of State, NH, State of, Secretary of State, NH, State of.Follow up on Objection on 11/23/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Zoracki, Seth) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
43

REPLY to Objection to Motion re 38 MOTION to Strike 34 Amended Complaint, or Otherwise Dismiss for Lack of Jurisdiction filed by Department of State, NH, State of, Secretary of State, NH, State of. Surreply due by 11/18/2020. (Zoracki, Seth) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
44

OBJECTION to 40 MOTION Take Judicial Notice of or Supplement Briefing with 7/13/2020 Conference Transcript filed by Department of State, NH, State of, Secretary of State, NH, State of. Follow up on Reply on 11/20/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Zoracki, Seth) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER

ENDORSED ORDER granting 42 Motion to Extend Time to File Reply to Plaintiffs' Objection to Motion to Strike or Otherwise Dismiss the Amended Complaint. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)

Nov. 16, 2020

Nov. 16, 2020

PACER

Order on Motion to Extend Time

Nov. 16, 2020

Nov. 16, 2020

PACER
45

ORDER denying 32 Motion to Dismiss; denying 38 Motion to Strike or Otherwise Dismiss for Lack of Jurisdiction ; denying as moot 40 Motion to Take Judicial Notice of or Supplement Briefing with 7/13/2020 Conference Transcript. So Ordered by Judge Steven J. McAuliffe. (Answer Follow Up on 12/23/2020.)(lw) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

RECAP
46

Assented to MOTION to Extend Time to January 6, 2021 to Answer Amended Complaint filed by Secretary of State, NH, State of.(Zoracki, Seth) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER

ENDORSED ORDER granting 46 Assented to Motion to Extend Time to January 6, 2021 to Answer Amended Complaint. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b So Ordered by Judge Steven J. McAuliffe. Answer Follow Up on 1/6/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(lw)

Dec. 21, 2020

Dec. 21, 2020

PACER

Order on Motion to Extend Time

Dec. 22, 2020

Dec. 22, 2020

PACER
47

MOTION to Join Daniel Hebert as Additional Plaintiff filed by Jeffrey J. Dickinson, Daniel Frye, Granite State Independent Living, National Federation of the Blind New Hampshire, National Federation of the Blind, Inc., Mary Jean Shiner.Follow up on Objection on 1/6/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Phelan, Pamela) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
48

ANSWER to 34 Amended Complaint, by Department of State, NH, State of, Secretary of State, NH, State of.(Zoracki, Seth) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
49

NOTICE of Assent to Relief Requested in Plaintiffs' Motion to Join Daniel Hebert as an Additional Plaintiff by Department of State, NH, State of, Secretary of State, NH, State of.(Zoracki, Seth) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 2/10/2021 03:00 PM before Judge Steven J. McAuliffe. Follow up on Discovery Plan 2/4/2021. (lw)

Jan. 7, 2021

Jan. 7, 2021

PACER

Pretrial Conference

Jan. 7, 2021

Jan. 7, 2021

PACER

ENDORSED ORDER granting 47 Motion to Join Daniel Hebert as Additional Plaintiff. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)

Jan. 14, 2021

Jan. 14, 2021

PACER

Order on Motion for Miscellaneous Relief

Jan. 14, 2021

Jan. 14, 2021

PACER

Case Details

State / Territory: New Hampshire

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 7, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Voters with disabilities along with disability rights organizations

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Hampshire, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Conditional Dismissal

Order Duration: 2021 - None

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Issues

General:

Barrier Removal

Disparate Impact

Disparate Treatment

Government Services

Reasonable Accommodations

Voting

Voting access

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Visual impairment

COVID-19:

Mitigation Requested

Population-Medically vulnerable

Voting:

Election administration