Case: Libertarian Party of New Hampshire v. Sununu

1:20-cv-00688 | U.S. District Court for the District of New Hampshire

Filed Date: June 8, 2020

Closed Date: Sept. 4, 2020

Clearinghouse coding complete

Case Summary

The Libertarian Party of New Hampshire and several of its hopeful candidates in the 2020 elections brought this suit in the U.S. District Court for the District of New Hampshire on June 8, 2020. Plaintiffs brought their case against New Hampshire's Governor and Secretary of State. Plaintiffs alleged that their would-be nominees could not safely be placed on the ballot due to COVID-19 mitigation orders issued by the state. In New Hampshire, third-party candidates must secure nomination papers fr…

The Libertarian Party of New Hampshire and several of its hopeful candidates in the 2020 elections brought this suit in the U.S. District Court for the District of New Hampshire on June 8, 2020. Plaintiffs brought their case against New Hampshire's Governor and Secretary of State. Plaintiffs alleged that their would-be nominees could not safely be placed on the ballot due to COVID-19 mitigation orders issued by the state. In New Hampshire, third-party candidates must secure nomination papers from registered voters to be placed on the ballot. Due to the COVID-19 pandemic, the Libertarian Party believed that it could not safely secure these papers since they were customarily obtained through door-to-door solicitations or at public events. Enforcing these ballot measures during the COVID-19 pandemic, according to plaintiffs, violated the speech, petition, and association rights guaranteed under the First Amendment.

The plaintiffs asked the court to enter a temporary restraining order, preliminary injunction, and a permanent injunction enjoining the Governor and Secretary of State from denying plaintiffs’ positions on the election ballot as candidates of the Libertarian Party. Alternatively, they requested the court to reduce the required number of nomination papers by 90%. The case was assigned to U.S. District Court Judge Joseph N. Laplante. The day after filing this suit, the plaintiffs amended their complaint to correct spelling errors.

On June 11, the court denied plaintiffs' request for an immediate ex parte TRO. The court then set a briefing and hearing timeline and required the plaintiffs to serve the defendants.

Following briefing, however, the court granted plaintiffs' request for a preliminary injunction and ordered a 35% reduction in the number of nomination papers required for the Libertarian Party’s candidates to appear on the general election ballot. 2020 WL 4340308. Judge Laplante held that the state’s interests served by the challenged ballot-access laws did not outweigh the burden they imposed on the plaintiffs’ access to the ballot under the conditions created by the COVID-19 pandemic, including those instituted by the Governor’s mitigation orders. However, the court declined to require that the plaintiffs be automatically placed on the ballot. That remedy would be inappropriate since plaintiffs had only shown that gathering signatures under then-present conditions would be difficult, not impossible.

Now that the 2020 election has ended, there is no reason to think this case is on-going.

Summary Authors

Jordan Katz (5/10/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17232164/parties/libertarian-party-of-new-hampshire-v-governor-nh-state-of/


Judge(s)

Laplante, Joseph Normand (New Hampshire)

Attorneys(s) for Plaintiff

Meyer, H. Jonathan (New Hampshire)

Attorneys(s) for Defendant

Locke, Sean R (New Hampshire)

Lombardi, Laura E. B. (New Hampshire)

Will, Daniel E. (New Hampshire)

Judge(s)

Laplante, Joseph Normand (New Hampshire)

Attorneys(s) for Plaintiff

Meyer, H. Jonathan (New Hampshire)

Attorneys(s) for Defendant

Locke, Sean R (New Hampshire)

Lombardi, Laura E. B. (New Hampshire)

Will, Daniel E. (New Hampshire)

Documents in the Clearinghouse

Document

1:20-cv-00688

Docket [PACER]

Libertarian Party of New Hampshire v. Governor, NH

Sept. 4, 2020

Sept. 4, 2020

Docket
1

1:20-cv-00688

Complaint

June 8, 2020

June 8, 2020

Complaint
4-2

1:20-cv-00688

Plaintiffs’ Memorandum of Law in Support of Emergency Verified Motion for Temporary Restraining Order and Preliminary Injunction

June 9, 2020

June 9, 2020

Pleading / Motion / Brief
2

1:20-cv-00688

Temporary Restraining Order and Preliminary Injunction Sought Amended Complaint

June 9, 2020

June 9, 2020

Complaint
9-1

1:20-cv-00688

Memorandum of Law in Support of the Defendants’ Objection to Plaintiffs’ Emergency Verified Motion for Temporary Restraining Order and Preliminary Injunction

July 2, 2020

July 2, 2020

Pleading / Motion / Brief
14

1:20-cv-00688

Plaintiffs’ Reply Memorandum to Defendants’ Objection to Plaintiffs’ Motion for a Preliminary Injunction

July 13, 2020

July 13, 2020

Pleading / Motion / Brief
29

1:20-cv-00688

Memorandum Order

2020 WL 4340308

July 28, 2020

July 28, 2020

Order/Opinion
31

1:20-cv-00688

Judgment

Libertarian Party of New Hampshire v. Governor, State of New Hampshire

Sept. 4, 2020

Sept. 4, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17232164/libertarian-party-of-new-hampshire-v-governor-nh-state-of/

Last updated July 24, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

NEW CASE/ COMPLAINT Filing fee $ 400, receipt number ANHDC-1988728 filed by Zack Dumont, Spike Cohen, Andrew Olding, Jo Jorgenson, Libertarian Party of New Hampshire, Darryl Perry, Justin O'Donnell. (Attachments: # 1 Civil Cover Sheet)(Meyer, H.) (Entered: 06/08/2020)

1 Civil Cover Sheet

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June 8, 2020

June 8, 2020

Clearinghouse

Case Assigned

June 8, 2020

June 8, 2020

PACER

Notice - ECF

June 8, 2020

June 8, 2020

PACER

Case assigned to Judge Joseph N. Laplante. The case designation is: 1:20-cv-688-JL. Please show this number with the judge designation on all future pleadings. (ed)

June 8, 2020

June 8, 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. (ed)

June 8, 2020

June 8, 2020

PACER
2

AMENDED COMPLAINT against Governor, NH, State of, Secretary of State, NH, State of filed by Zack Dumont, Spike Cohen, Andrew Olding, Jo Jorgenson, Libertarian Party of New Hampshire, Darryl Perry, Justin O'Donnell. (Attachments: # 1 Civil Cover Sheet Revised Civil Cover Sheet, # 2 Notice of a Lawsuit and Request to Waive Service of a Summons, # 3 Notice of a Lawsuit and Request to Waive Service of a Summons, # 4 Summons - Waiver Waiver of the Service of Summons, # 5 Summons - Waiver Waiver of the Service of Summons)(Meyer, H.) (Entered: 06/09/2020)

1 Civil Cover Sheet Revised Civil Cover Sheet

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2 Notice of a Lawsuit and Request to Waive Service of a Summons

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3 Notice of a Lawsuit and Request to Waive Service of a Summons

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4 Summons - Waiver Waiver of the Service of Summons

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5 Summons - Waiver Waiver of the Service of Summons

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June 9, 2020

June 9, 2020

Clearinghouse
3

Notice of Lawsuit/Waivers issued electronically as to Governor, NH, State of, Secretary of State, NH, State of. NOTICE: Counsel shall print and serve the notice/waivers and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF) (ed) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
4

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Spike Cohen, Zack Dumont, Jo Jorgenson, Libertarian Party of New Hampshire, Justin O'Donnell, Andrew Olding, Darryl Perry. HEARING REQUESTED.Follow up on Objection on 6/23/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Affidavit of Jilletta Jarvis in Support of Request for Temporary Restraining Order and Preliminary Injunction (see completed affidavit at 4-4, # 2 Memorandum of Law Plaintiffs' Memorandum of Law in Support of Plaintiff's Emergency Verified Motion for Temporary Restraining Order and Preliminary Injunction, # 3 Proposed Order Proposed Order)(Meyer, H.) (Additional attachment(s) added on 6/9/2020: # 4 Complete Affidavit of Jilletta Jarvis in Support of Request for Temporary Restraining Order and Preliminary Injunction) (jb). Modified on 6/9/2020 to add complete affidavit text (jb). (Entered: 06/09/2020)

1 Affidavit of Jilletta Jarvis in Support of Request for Temporary Restraining Or

View on RECAP

2 Memorandum of Law Plaintiffs' Memorandum of Law in Support of Plaintiff

View on Clearinghouse

3 Proposed Order Proposed Order

View on RECAP

4 Complete Affidavit of Jilletta Jarvis in Support of Request for Temporary Restr

View on RECAP

June 9, 2020

June 9, 2020

RECAP

ENDORSED ORDER denying without prejudice 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Text of Order: The motion for a TRO (Doc. 4 ) is denied without prejudice to eventual injunctive relief in an appropriate procedural posture. The motion makes an insufficient showing, as required by Rule 65(b)(1)(A), of irreparable harm if immediate temporary injunctive relief is not granted without notice to adverse parties. Once service is completed, the plaintiffs' counsel should contact the Deputy Clerk to arrange a status and preliminary conference with the court for all counsel of record So Ordered by Judge Joseph N. Laplante.(jb)

June 11, 2020

June 11, 2020

PACER

Order on Motion for Temporary Restraining Order

June 11, 2020

June 11, 2020

PACER

Order on Motion for TRO

June 11, 2020

June 11, 2020

PACER
5

WAIVER OF SERVICE Returned Executed as to All Defendants by All Plaintiffs. Served/Mailed on 6/18/2020. Answer Follow Up 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).(Meyer, H.) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP

NOTICE of Hearing via Video. In Chambers Video Conference set for 6/24/2020 at 11:00 AM before Judge Joseph N. Laplante.(jb)

June 23, 2020

June 23, 2020

PACER

Notice of Hearing

June 23, 2020

June 23, 2020

PACER

Hearing Notice

June 23, 2020

June 23, 2020

PACER

In Chambers Conference

June 24, 2020

June 24, 2020

PACER

Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS VIDEO CONFERENCE held on 6/24/2020. (Pltfs Atty: H. Jonathan Meyer) (Defts Atty: Daniel E. Will)(Total Hearing Time: 26 minutes) (jb)

June 24, 2020

June 24, 2020

PACER
6

NOTICE of Attorney Appearance by Daniel E. Will on behalf of Governor, NH, State of, Secretary of State, NH, State of Attorney Daniel E. Will added to party Governor, NH, State of(pty:dft), Attorney Daniel E. Will added to party Secretary of State, NH, State of(pty:dft).(Will, Daniel) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

RECAP
7

PROCEDURAL ORDER re 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Hearing set for July 22, 2020 at 10:00 a.m. Parties to confer as to forum and format. Single timeline, single statement of agreed facts, separately filed statement of disputed facts on or before 3:00 p.m. on July 14, 2020. Witness lists, exhibit lists and proposed findings of fact and rulings of law by 3:00 p.m. on July 17, 2020. Plaintiff shall file proposed order as outlined by 3:00 p.m. on July 18, 2020. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

RECAP

Notice of Hearing on Motion

June 25, 2020

June 25, 2020

PACER

HEARING NOTICE re: 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Motion/Evidentiary Hearing set for 7/22/2020 at 10:00 AM before Judge Joseph N. Laplante.(jb)

June 25, 2020

June 25, 2020

PACER

Motion Hearing

June 25, 2020

June 25, 2020

PACER
8

NOTICE of Attorney Appearance by Daniel E. Will on behalf of Governor, NH, State of, Secretary of State, NH, State of (Will, Daniel) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
9

OBJECTION to 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Governor, NH, State of, Secretary of State, NH, State of. Follow up on Reply on 7/9/2020. 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)(Will, Daniel) (Entered: 07/02/2020)

1 Memorandum of Law

View on Clearinghouse

July 2, 2020

July 2, 2020

RECAP
10

NOTICE of Attorney Appearance by Sean R. Locke(NHAG) on behalf of Governor, NH, State of, Secretary of State, NH, State of Attorney Sean R. Locke(NHAG) added to party Governor, NH, State of(pty:dft), Attorney Sean R. Locke(NHAG) added to party Secretary of State, NH, State of(pty:dft).(Locke(NHAG), Sean) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
11

NOTICE of Attorney Appearance by Laura E. B. Lombardi on behalf of Governor, NH, State of, Secretary of State, NH, State of Attorney Laura E. B. Lombardi added to party Governor, NH, State of(pty:dft), Attorney Laura E. B. Lombardi added to party Secretary of State, NH, State of(pty:dft).(Lombardi, Laura) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
12

Assented to MOTION to Extend Time filed by Spike Cohen, Zack Dumont, Jo Jorgenson, Libertarian Party of New Hampshire, Justin O'Donnell, Andrew Olding, Darryl Perry.(Meyer, H.) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

RECAP

Order on Motion to Extend Time

July 13, 2020

July 13, 2020

PACER

ENDORSED ORDER granting 12 Assented to MOTION to Extend Time. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Reply on 7/13/2020. (jb)

July 13, 2020

July 13, 2020

PACER
13

Assented to MOTION Extend Page Limit for Reply Memorandum filed by Spike Cohen, Zack Dumont, Jo Jorgenson, Libertarian Party of New Hampshire, Justin O'Donnell, Andrew Olding, Darryl Perry.(Meyer, H.) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP
14

REPLY to Objection to Motion re 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction Plaintiffs' Reply Memorandum to Defendants' Objection to Plaintiffs' Motion for a Preliminary Injunction filed by Spike Cohen, Zack Dumont, Jo Jorgenson, Libertarian Party of New Hampshire, Justin O'Donnell, Andrew Olding, Darryl Perry. Surreply due by 7/20/2020. (Attachments: # 1 Gardner Memo, # 2 Exhibit (Affidavit) Supplemental Affidavit of Jilletta Jarvis with attachments)(Meyer, H.) (Entered: 07/13/2020)

1 Gardner Memo

View on RECAP

2 Exhibit (Affidavit) Supplemental Affidavit of Jilletta Jarvis with attachments

View on RECAP

July 13, 2020

July 13, 2020

RECAP

Order on Motion for Miscellaneous Relief

July 14, 2020

July 14, 2020

PACER

ENDORSED ORDER granting 13 Assented to MOTION Extend Page Limit for Reply Memorandum. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

July 14, 2020

July 14, 2020

PACER
15

Assented to MOTION to Extend Time to Submit Joint Statement of Facts until July 16, 2020 filed by Governor, NH, State of.(Will, Daniel) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP
16

STIPULATION re: Joint Statement of Undisputed Facts by Governor, NH, State of, Secretary of State, NH, State of(Will, Daniel) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

RECAP

Order on Motion to Extend Time

July 16, 2020

July 16, 2020

PACER

ENDORSED ORDER granting 15 Assented to MOTION to Extend Time to Submit Joint Statement of Facts until July 16, 2020. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

July 16, 2020

July 16, 2020

PACER
17

Final Witness List and Exhibit List by Spike Cohen, Zack Dumont, Jo Jorgenson, Libertarian Party of New Hampshire, Justin O'Donnell, Andrew Olding, Darryl Perry. (Meyer, H.) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
18

Final Witness List and Exhibit List by Governor, NH, State of, Secretary of State, NH, State of. (Will, Daniel) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
19

Defendant's Proposed Findings of Fact by Governor, NH, State of, Secretary of State, NH, State of(Will, Daniel) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
20

Request for Findings of Fact and Rulings of Law by All Plaintiffs. (Meyer, H.) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP

Order on Motion to Extend Time

July 17, 2020

July 17, 2020

PACER
21

SURREPLY to Reply to 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Governor, NH, State of. (Will, Daniel) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

RECAP
22

Assented to MOTION to Exceed Surreply Page Limit filed by Governor, NH, State of.(Will, Daniel) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

RECAP

Notice of Hearing on Motion

July 21, 2020

July 21, 2020

PACER

HEARING RESCHEDULING NOTICE (TIME CHANGE ONLY)re: 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction Motion Hearing (by Video-Conference) reset for 7/22/2020 at 01:30 PM before Judge Joseph N. Laplante.(cmp)

July 21, 2020

July 21, 2020

PACER

Order on Motion to Exceed

July 21, 2020

July 21, 2020

PACER

ENDORSED ORDER granting 22 Assented to MOTION to Exceed Surreply Page Limit. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

July 21, 2020

July 21, 2020

PACER
23

Plaintiffs' Proposed Order by Spike Cohen, Zack Dumont, Jo Jorgenson, Libertarian Party of New Hampshire, Justin O'Donnell, Andrew Olding, Darryl Perry(Meyer, H.) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
24

MOTION Plaintiffs' Motion to Consolidate Preliminary Injunction Hearing with Final Hearing filed by Spike Cohen, Zack Dumont, Jo Jorgenson, Libertarian Party of New Hampshire, Justin O'Donnell, Andrew Olding, Darryl Perry.Follow up on Objection on 8/4/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Meyer, H.) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP

Motion Hearing

July 21, 2020

July 21, 2020

PACER

Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 7/22/2020 re 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction Witnesses Appearing: Daryl Perry, Jilletta Jarvis. Hearing to resume on Friday, 07/24/2020. (Court Reporter: Liza W. Dubois) (Pltfs Atty: H. Jonathan Meyer) (Defts Atty: Daniel E. Will, Laura E.B. Lombardi, Sean R. Locke)(Total Hearing Time: 2 hours, 27 minutes) (jb)

July 22, 2020

July 22, 2020

PACER

Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING Day 1 held via video-conference on 7/22/2020 re 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction Witnesses Appearing: Daryl Perry, Jilletta Jarvis. Hearing to resume on Friday, 07/24/2020. (Court Reporter: Liza W. Dubois) (Pltfs Atty: H. Jonathan Meyer) (Defts Atty: Daniel E. Will, Laura E.B. Lombardi, Sean R. Locke)(Total Hearing Time: 2 hours, 27 minutes) (jb) Modified on 7/24/2020 to add day 1 and video text (jb).

July 22, 2020

July 22, 2020

PACER

ORAL ORDER taking under advisement 24 Motion for MOTION Plaintiffs' Motion to Consolidate Preliminary Injunction Hearing with Final Hearing. So Ordered by Judge Joseph N. Laplante.(jb)

July 22, 2020

July 22, 2020

PACER

ORAL MOTION Sequester Witnesses filed by Governor, NH, State of, Secretary of State, NH, State of.(jb)

July 22, 2020

July 22, 2020

PACER

ORAL ORDER granting Oral Motion to Sequester Witnesses. So Ordered by Judge Joseph N. Laplante.(jb)

July 22, 2020

July 22, 2020

PACER

Motion Hearing

July 22, 2020

July 22, 2020

PACER

Order on Motion for Miscellaneous Relief

July 22, 2020

July 22, 2020

PACER

Miscellaneous Relief

July 22, 2020

July 22, 2020

PACER

HEARING NOTICE re: 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Continuation of Motion Hearing/Evidentiary Hearing set for 7/24/2020 at 09:30 AM before Judge Joseph N. Laplante.(jb)

July 23, 2020

July 23, 2020

PACER
25

MOTION for Leave to File Table of Additional Authorities filed by Spike Cohen, Zack Dumont, Jo Jorgenson, Libertarian Party of New Hampshire, Justin O'Donnell, Andrew Olding, Darryl Perry.Follow up on Objection on 8/6/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Meyer, H.) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

RECAP
26

Table of Additional Authorities by Spike Cohen, Zack Dumont, Jo Jorgenson, Libertarian Party of New Hampshire, Justin O'Donnell, Andrew Olding, Darryl Perry(Meyer, H.) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

RECAP

ENDORSED ORDER granting 25 MOTION for Leave to File Table of Additional Authorities. Text of Order: Granted based on assent provided during today's video chambers conference. So Ordered by Judge Joseph N. Laplante.(jb)

July 23, 2020

July 23, 2020

PACER

Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held on 7/23/2020. (Pltfs Atty: H. Jonathan Meyer, Esq.) (Defts Atty: Daniel Will, Esq., Laura Lombardi, Esq.)(Total Hearing Time: 25 minutes) (cmp)

July 23, 2020

July 23, 2020

PACER

Motion Hearing

July 23, 2020

July 23, 2020

PACER

Order on Motion for Leave to File

July 23, 2020

July 23, 2020

PACER

Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING Day 2 held via video-conference on 7/24/2020 re 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Witnesses Appearing: Justin O'Donnell. All exhibits admitted. (Court Reporter: Brenda K. Hancock) (Pltfs Atty: H. Jonathan Meyer) (Defts Atty: Daniel E. Will, Laura E.B. Lombardi, Sean R. Locke)(Total Hearing Time: 2 hours, 50 minutes) (jb) Modified on 7/24/2020 to add day and video text (jb).

July 24, 2020

July 24, 2020

PACER
27

Exhibit List by Spike Cohen, Zack Dumont, Libertarian Party of New Hampshire, Justin O'Donnell, Andrew Olding, Darryl Perry. (jb) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
28

Exhibit List by Governor, NH, State of, Secretary of State, NH, State of. (jb) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER

Motion Hearing

July 24, 2020

July 24, 2020

PACER

NOTICE of Hearing. In Chambers Video-Conference set for 7/27/2020 at 02:00 PM before Judge Joseph N. Laplante.(jb)

July 27, 2020

July 27, 2020

PACER

Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS VIDEO CONFERENCE held on 7/27/2020. (Pltfs Atty: H. Jonathan Meyer) (Defts Atty: Daniel E. Will, Gordon J. MacDonald, Laura E.B. Lombardi)(Total Hearing Time: 10 minutes) (jb)

July 27, 2020

July 27, 2020

PACER

Hearing Notice

July 27, 2020

July 27, 2020

PACER

In Chambers Conference

July 27, 2020

July 27, 2020

PACER
29

ORDER granting 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

Clearinghouse
30

RESPONSE to Motion re 24 MOTION Plaintiffs' Motion to Consolidate Preliminary Injunction Hearing with Final Hearing filed by Governor, NH, State of. (Will, Daniel) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP

In Chambers Conference

Aug. 7, 2020

Aug. 7, 2020

PACER

ENDORSED ORDER granting 24 MOTION Plaintiffs' Motion to Consolidate Preliminary Injunction Hearing with Final Hearing. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

Aug. 20, 2020

Aug. 20, 2020

PACER

Order on Motion for Miscellaneous Relief

Aug. 20, 2020

Aug. 20, 2020

PACER
31

JUDGMENT is hereby entered in accordance with 29 Order on Emergency Motion for Temporary Restraining Order and Order on 24 Plaintiffs' Motion to Consolidate Preliminary Injunction Hearing with Final Hearing. The prevailing party may recover costs consistent with Fed. R. Civ. P. 54(d) and 28 U.S.C. ยง 1920. Signed by Tracy A. Uhrin, Chief Deputy Clerk. (Case Closed) (jb) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

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: June 8, 2020

Closing Date: Sept. 4, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Libertarian Party of New Hampshire and six of its hopeful candidates for office.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of the State of New Hampshire (New Hampshire), State

Secretary of State for the State of New Hampshire (New Hampshire), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Petitions clause

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

COVID-19:

Social distancing ordered

Voting:

Candidate qualifications