Case: Donald J. Trump for President v. Murphy

3:20-cv-10753 | U.S. District Court for the District of New Jersey

Filed Date: Aug. 18, 2020

Closed Date: Oct. 22, 2020

Clearinghouse coding complete

Case Summary

This is a challenge to voting procedures in New Jersey leading up to the 2020 election. On August 14, 2020, New Jersey’s governor issued Executive Order 177 (EO 177) in response to the COVID-19 pandemic. EO 177 provided that the state would send every registered voter a mail-in ballot, while all ballots cast in person would be considered provisional ballots. It also declared that unpostmarked ballots received by county boards of election within 48 hours of the close of polls on Election Day wou…

This is a challenge to voting procedures in New Jersey leading up to the 2020 election.

On August 14, 2020, New Jersey’s governor issued Executive Order 177 (EO 177) in response to the COVID-19 pandemic. EO 177 provided that the state would send every registered voter a mail-in ballot, while all ballots cast in person would be considered provisional ballots. It also declared that unpostmarked ballots received by county boards of election within 48 hours of the close of polls on Election Day would be considered valid.

On August 18, 2020, the Trump campaign committee, Republican National Committee, and New Jersey Republican State Committee sued New Jersey’s governor and secretary of state in the United States District Court for the District of New Jersey challenging EO 177. The plaintiffs asserted that EO 177 violated the Elections Clause and Electors Clause because it usurped the legislature’s sole power to set election laws. The plaintiffs also asserted that the changes would cause illegitimate ballots to be counted, thereby diluting legitimately cast votes in violation of the constitutional right to vote. Moreover, the plaintiffs alleged that 3 U.S.C. § 1, the federal law that sets Election Day, preempted the EO 177’s provision that considered unpostmarked ballots valid if received within 48 hours of the close of polls. Finally, the plaintiffs claimed that treating in-person ballots as provisional ballots was so arbitrary that it violated the Equal Protection Clause. The plaintiffs sought a declaratory judgment, a temporary restraining order, preliminary injunction and permanent injunction against enforcing EO 177, as well as costs and expenses. The case was assigned to Judge Michael A. Shipp.

After the plaintiffs filed their complaint, the New Jersey legislature enacted A4475, a statute that superseded EO 177 and amended various provisions of state election law. The governor signed A4475 into law on August 28, 2020. Like EO 177, A4475 made vote-by-mail the primary method of election in New Jersey and determined that unpostmarked ballots received by county boards of election within 48 hours of the close of polls on Election Day would be considered valid. It also permitted the state to begin canvassing votes 10 days before Election Day. In response to A4475, the plaintiffs amended their complaint on September 11, 2020, to redirect their challenge towards A4475. The amended complaint removed the governor as a defendant, naming New Jersey’s secretary of state as the sole defendant. Because A4475 was enacted by the legislature, the plaintiffs also withdrew their Elections Clause and Electors Clause claims. Meanwhile, the plaintiffs added a claim that the early canvassing provision was preempted by 3 U.S.C. § 1, the federal Election Day statute. The Democratic Congressional Campaign Committee (DCCC) intervened as defendants on September 1, 2020. The League of Women Voters of New Jersey and NAACP New Jersey State Conference also intervened as defendants on September 23, 2020.

On October 6, 2020, the court denied the plaintiffs' request for a preliminary injunction. The court held that the plaintiffs did not show likelihood of success on the merits, likelihood of irreparable harm, a balance of harms in their favor, or that an injunction would be in the public interest. The court determined that the primary legislative purpose of the Election Day statute was to avoid impacting results in other elections by revealing election results while those elections were still ongoing. It reasoned that canvassing votes early did not create an appreciable risk that results would be announced early, so A4475’s early canvassing provision was not likely preempted by the Election Day statute. The court also decided that there was only a remote possibility that mail-in ballots sent after the close of polls would be unpostmarked and received by county election boards within 48 hours, so that provision also was not likely preempted by the Election day statute.

On October 2, the DCCC moved, as a defendant-intervenor, for the court to order that the plaintiffs show cause on dismissal. On October 22, 2020, without hearing oral argument, the court dismissed the plaintiff’s claims.

This case is now closed.

Summary Authors

Kevin Decker (3/15/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17456805/parties/donald-j-trump-for-president-inc-v-murphy/


Judge(s)

Quraishi, Zahid Nisar (New Jersey)

Shipp, Michael Andre (New Jersey)

Attorneys(s) for Plaintiff

McCarthy, Thomas R. (Virginia)

Norris, Cameron T. (Virginia)

Testa, Michael L Jr (New Jersey)

Weir, Bryan K. (Virginia)

Attorneys(s) for Defendant

Lynch, Matthew Jon (New Jersey)

Venetis, Penny M. (New Jersey)

Other Attorney(s)

Active

Active

Judge(s)

Quraishi, Zahid Nisar (New Jersey)

Shipp, Michael Andre (New Jersey)

Attorneys(s) for Plaintiff

McCarthy, Thomas R. (Virginia)

Norris, Cameron T. (Virginia)

Testa, Michael L Jr (New Jersey)

Weir, Bryan K. (Virginia)

Attorneys(s) for Defendant

Lynch, Matthew Jon (New Jersey)

Venetis, Penny M. (New Jersey)

Other Attorney(s)

Genova, Angelo Joseph (New Jersey)

Haygood, Ryan Paul (New Jersey)

Herman, Robert D (New Jersey)

Parikh, Rajiv D. (New Jersey)

Patel, Henal (New Jersey)

Pendleton, B John Jr (New Jersey)

Documents in the Clearinghouse

Document

3:20-cv-10753

Docket [PACER]

Oct. 29, 2020

Oct. 29, 2020

Docket
1

3:20-cv-10753

Complaint for Declaratory and Injunctive Relief

Aug. 18, 2020

Aug. 18, 2020

Complaint
33

3:20-cv-10753

Amended Complaint for Declaratory and Injunctive Relief

Donald J. Trump for President v. Way

Sept. 11, 2020

Sept. 11, 2020

Complaint
75

3:20-cv-10753

Memorandum Opinion

Donald J. Trump for President v. Way

492 F.Supp.3d 354, 2020 WL 5912561

Oct. 6, 2020

Oct. 6, 2020

Order/Opinion
85

3:20-cv-10753

Memorandum Opinion

Donald J. Trump for President v. Way

2020 WL 6204477

Oct. 22, 2020

Oct. 22, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17456805/donald-j-trump-for-president-inc-v-murphy/

Last updated June 6, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against PHILIP D. MURPHY, TAHESHA WAY ( Filing and Admin fee $ 400 receipt number ANJDC-11226671), filed by Donald J. Trump for President, Inc., NEW JERSEY REPUBLICAN STATE COMMITTEE, REPUBLICAN NATIONAL COMMITTEE. (Attachments: # 1 Civil Cover Sheet)(TESTA, MICHAEL) (Entered: 08/18/2020)

1 Civil Cover Sheet

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Aug. 18, 2020

Aug. 18, 2020

Clearinghouse

QC - Attorney Case Opening

Aug. 19, 2020

Aug. 19, 2020

PACER

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information is to be entered in CAPITAL LETTERS . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Aug. 19, 2020

Aug. 19, 2020

PACER

Add and Terminate Judges

Aug. 19, 2020

Aug. 19, 2020

PACER

Judge Michael A. Shipp and Magistrate Judge Zahid N. Quraishi added. (abr)

Aug. 19, 2020

Aug. 19, 2020

PACER
2

SUMMONS ISSUED as to PHILIP D. MURPHY, TAHESHA WAY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (abr, ) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Aug. 19, 2020

Aug. 19, 2020

PACER
3

MOTION for Leave to Appear Pro Hac Vice for Thomas R. McCarthy by DONALD J. TRUMP FOR PRESIDENT, INC., NEW JERSEY REPUBLICAN STATE COMMITTEE, REPUBLICAN NATIONAL COMMITTEE. (Attachments: # 1 Statement of Michael L. Testa, Jr., # 2 Statement of Thomas R. McCarthy, # 3 Text of Proposed Order)(TESTA, MICHAEL) (Entered: 08/19/2020)

1 Statement of Michael L. Testa, Jr.

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2 Statement of Thomas R. McCarthy

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3 Text of Proposed Order

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Aug. 19, 2020

Aug. 19, 2020

PACER
4

MOTION for Leave to Appear Pro Hac Vice for Bryan Weir by DONALD J. TRUMP FOR PRESIDENT, INC., NEW JERSEY REPUBLICAN STATE COMMITTEE, REPUBLICAN NATIONAL COMMITTEE. (Attachments: # 1 Statement of Michael L. Testa, Jr., # 2 Statement of Bryan Weir, # 3 Text of Proposed Order)(TESTA, MICHAEL) (Entered: 08/19/2020)

1 Statement of Michael L. Testa, Jr.

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2 Statement of Bryan Weir

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3 Text of Proposed Order

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Aug. 19, 2020

Aug. 19, 2020

PACER
5

MOTION for Leave to Appear Pro Hac Vice for Cameron T. Norris by DONALD J. TRUMP FOR PRESIDENT, INC., NEW JERSEY REPUBLICAN STATE COMMITTEE, REPUBLICAN NATIONAL COMMITTEE. (Attachments: # 1 Statement of Michael L. Testa, Jr., # 2 Statement of Cameron T. Norris, # 3 Text of Proposed Order)(TESTA, MICHAEL) (Entered: 08/19/2020)

1 Statement of Michael L. Testa, Jr.

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2 Statement of Cameron T. Norris

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3 Text of Proposed Order

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Aug. 19, 2020

Aug. 19, 2020

PACER

Set Deadlines as to 5 MOTION for Leave to Appear Pro Hac Vice for Cameron T. Norris, 4 MOTION for Leave to Appear Pro Hac Vice for Bryan Weir, 3 MOTION for Leave to Appear Pro Hac Vice for Thomas R. McCarthy. Motion set for 9/21/2020 before Magistrate Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb)

Aug. 19, 2020

Aug. 19, 2020

PACER
6

ORDER granting 3 Motion for Leave to Appear Pro Hac Vice as to Thomas R. McCarthy. Signed by Magistrate Judge Zahid N. Quraishi on 08/20/2020. (jdb) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
7

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to Bryan Weir. Signed by Magistrate Judge Zahid N. Quraishi on 08/20/2020. (jdb) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
8

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice as to CAMERON T. NORRIS, ESQ. Signed by Magistrate Judge Zahid N. Quraishi on 08/20/2020. (jdb) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
9

MOTION to Intervene and in the Alternative to Submit a Brief as Amicus Curiae by Atlantic County Democratic Committee. (Attachments: # 1 Certification Certification M. Suleiman in Support of Motion, # 2 Brief Letter Brief in Support of Motion to Intervene, # 3 Text of Proposed Order Proposed Order)(HERMAN, ROBERT) (Entered: 08/20/2020)

1 Certification Certification M. Suleiman in Support of Motion

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2 Brief Letter Brief in Support of Motion to Intervene

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3 Text of Proposed Order Proposed Order

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Aug. 20, 2020

Aug. 20, 2020

RECAP

Set/Reset Motion and R&R Deadlines/Hearings

Aug. 21, 2020

Aug. 21, 2020

PACER

Set Deadlines as to 9 MOTION to Intervene and in the Alternative to Submit a Brief as Amicus Curiae. Motion set for 9/21/2020 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb)

Aug. 21, 2020

Aug. 21, 2020

PACER
10

MOTION to Intervene by DCCC. (Attachments: # 1 Brief in support of Motion to Intervene, # 2 Certification of Rajiv D. Parikh, Esq. in Support of Motion to Intervene, # 3 Exhibit A - Proposed Answer of Intervenor DCCC)(PARIKH, RAJIV) (Entered: 08/24/2020)

1 Brief in support of Motion to Intervene

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2 Certification of Rajiv D. Parikh, Esq. in Support of Motion to Intervene

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3 Exhibit A - Proposed Answer of Intervenor DCCC

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Aug. 24, 2020

Aug. 24, 2020

RECAP

Set/Reset Motion and R&R Deadlines/Hearings

Aug. 24, 2020

Aug. 24, 2020

PACER
11

Proposed Order by DCCC re 10 MOTION to Intervene . (PARIKH, RAJIV) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER

Set Deadlines as to 10 MOTION to Intervene . Motion set for 9/21/2020 before Magistrate Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb)

Aug. 24, 2020

Aug. 24, 2020

PACER
12

Letter from Rajiv D. Parikh. (Attachments: # 1 Certification of Rajiv D. Parikh, Esq., # 2 Certification of Marc E. Elias, Esq., # 3 Affidavit of Emily R. Brailey, Esq., # 4 Affidavit of Mary N. Beall, Esq., # 5 Affidavit of Sarah R. Gonski, Esq., # 6 Text of Proposed Order)(PARIKH, RAJIV) (Entered: 08/25/2020)

1 Certification of Rajiv D. Parikh, Esq.

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2 Certification of Marc E. Elias, Esq.

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3 Affidavit of Emily R. Brailey, Esq.

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4 Affidavit of Mary N. Beall, Esq.

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5 Affidavit of Sarah R. Gonski, Esq.

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6 Text of Proposed Order

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Aug. 25, 2020

Aug. 25, 2020

RECAP
13

ORDER granting application to appear pro hac as to Marc E. Elias, Esq., Sarah R. Gonski, Esq., Emily R. Brailey, Esq., and Mary N. Beall, Esq. Signed by Magistrate Judge Zahid N. Quraishi on 08/26/2020. (jdb) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER

Pro Hac Vice Fee Received

Aug. 26, 2020

Aug. 26, 2020

PACER

Pro Hac Vice fee of $450 received as to Bryan Weir, Thomas R. McCarthy, and Cameron T. Norris, receipt number TRE113573. (jem)

Aug. 26, 2020

Aug. 26, 2020

PACER

Pro Hac Vice Fee Received

Aug. 27, 2020

Aug. 27, 2020

PACER
14

RESPONSE to Motion filed by DONALD J. TRUMP FOR PRESIDENT, INC., NEW JERSEY REPUBLICAN STATE COMMITTEE, REPUBLICAN NATIONAL COMMITTEE re 10 MOTION to Intervene, 9 MOTION to Intervene and in the Alternative to Submit a Brief as Amicus Curiae (TESTA, MICHAEL) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

RECAP
15

MOTION to Intervene by LEAGUE OF WOMEN VOTERS OF NEW JERSEY, NAACP NEW JERSEY STATE CONFERENCE. (Attachments: # 1 Brief in support of Motion to Intervene, # 2 Certification of B. John Pendleton, Jr., in Support of Motion to Intervene, # 3 Exhibit 1 - Voting Advocates - Elections Recommendations Sign On Letter, # 4 Exhibit 2 - November Election Recommendations, # 5 Exhibit Exhibit 3 - US_DIS_PAWD_2_20cv966_MEMORANDUM_ORDER_granting_83_Motion_to_Intervene_g, # 6 Exhibit 4 - PROPOSED Answer of Intervenor, # 7 Text of Proposed Order, # 8 Certificate of Service)(PENDLETON, B.) (Entered: 08/31/2020)

1 Brief in support of Motion to Intervene

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2 Certification of B. John Pendleton, Jr., in Support of Motion to Intervene

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3 Exhibit 1 - Voting Advocates - Elections Recommendations Sign On Letter

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4 Exhibit 2 - November Election Recommendations

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5 Exhibit Exhibit 3 - US_DIS_PAWD_2_20cv966_MEMORANDUM_ORDER_granting_83_Motion_to

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6 Exhibit 4 - PROPOSED Answer of Intervenor

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7 Text of Proposed Order

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8 Certificate of Service

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Aug. 31, 2020

Aug. 31, 2020

RECAP
16

Letter from Rajiv D. Parikh, Esq. in Further Support of DCCC Motion to Intervene re 10 MOTION to Intervene, 14 Response to Motion,. (PARIKH, RAJIV) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
17

REPLY to Response to Motion filed by Atlantic County Democratic Committee re 10 MOTION to Intervene, 9 MOTION to Intervene and in the Alternative to Submit a Brief as Amicus Curiae (HERMAN, ROBERT) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

RECAP

Set Deadlines as to 15 MOTION to Intervene . Motion set for 10/5/2020 before Magistrate Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb)

Sept. 1, 2020

Sept. 1, 2020

PACER
18

NOTICE of Appearance by HENAL PATEL on behalf of LEAGUE OF WOMEN VOTERS OF NEW JERSEY, NAACP NEW JERSEY STATE CONFERENCE (PATEL, HENAL) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Sept. 1, 2020

Sept. 1, 2020

PACER
19

ORDER denying 9 Proposed Intervenor Atlantic County Democratic Committee's Motion to Intervene and granting Proposed Intervenor Atlantic County Democratic Committee's alternate requested relief to submit a brief as amicus curiae. Signed by Magistrate Judge Zahid N. Quraishi on 09/01/2020. (jdb) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

RECAP
20

ORDER granting 10 Motion to Intervene. DCCC is permitted to intervene is this matter as a Defendant. Signed by Magistrate Judge Zahid N. Quraishi on 09/01/2020. (jdb) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

RECAP
21

NOTICE of Appearance by RYAN PAUL HAYGOOD on behalf of LEAGUE OF WOMEN VOTERS OF NEW JERSEY, NAACP NEW JERSEY STATE CONFERENCE (HAYGOOD, RYAN) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
22

MOTION for Leave to Appear Pro Hac Vice (Molly E. Danahy, Esq.) by LEAGUE OF WOMEN VOTERS OF NEW JERSEY, NAACP NEW JERSEY STATE CONFERENCE. (Attachments: # 1 Certification of B. John Pendleton, Jr., # 2 Certification Molly E. Danahy, Esq., # 3 Text of Proposed Order, # 4 Certificate of Service)(PENDLETON, B.) (Entered: 09/01/2020)

1 Certification of B. John Pendleton, Jr.

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2 Certification Molly E. Danahy, Esq.

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3 Text of Proposed Order

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4 Certificate of Service

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Sept. 1, 2020

Sept. 1, 2020

PACER

Set Deadlines as to 22 MOTION for Leave to Appear Pro Hac Vice (Molly E. Danahy, Esq.). Motion set for 10/5/2020 before Magistrate Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb)

Sept. 1, 2020

Sept. 1, 2020

PACER

Pro Hac Vice Fee Received

Sept. 2, 2020

Sept. 2, 2020

PACER

Pro Hac Vice fee as to Marc E. Elias, Sarah R. Gonski, Emily R. Brailey, Mary N. Beall, $ 600, receipt number TRE113729 (jal, ).

Sept. 2, 2020

Sept. 2, 2020

PACER
23

Notice of Request by Pro Hac Vice Emily R. Brailey to receive Notices of Electronic Filings. (PARIKH, RAJIV) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

Notice of Pro Hac Vice counsel added

Sept. 2, 2020

Sept. 2, 2020

PACER
24

Notice of Request by Pro Hac Vice Mary R. Beall to receive Notices of Electronic Filings. (PARIKH, RAJIV) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
25

Notice of Request by Pro Hac Vice Marc E. Elias to receive Notices of Electronic Filings. (PARIKH, RAJIV) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
26

Notice of Request by Pro Hac Vice Sarah R. Gonski to receive Notices of Electronic Filings. (PARIKH, RAJIV) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

Pro Hac Vice counsel, EMILY R. BRAILEY, MARY R. BEALL, MARC E. ELIAS and SARAH R. GONSKI, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdb)

Sept. 2, 2020

Sept. 2, 2020

PACER
27

NOTICE of Appearance by ANGELO JOSEPH GENOVA on behalf of DCCC (GENOVA, ANGELO) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER

Notice of Appearance

Sept. 3, 2020

Sept. 3, 2020

PACER
28

Application and Proposed Order for Clerk's Order to extend time to answer as to Complaint. Attorney MATTHEW JON LYNCH for PHILIP D. MURPHY,MATTHEW JON LYNCH for TAHESHA WAY added. (Attachments: # 1 Certificate of Service)(LYNCH, MATTHEW) (Entered: 09/04/2020)

1 Certificate of Service

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Sept. 4, 2020

Sept. 4, 2020

PACER

Update Answer Due Deadline

Sept. 4, 2020

Sept. 4, 2020

PACER
29

SUMMONS Returned Executed by NEW JERSEY REPUBLICAN STATE COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, DONALD J. TRUMP FOR PRESIDENT, INC.. PHILIP D. MURPHY served on 8/24/2020, answer due 9/14/2020; TAHESHA WAY served on 8/24/2020, answer due 9/14/2020. (TESTA, MICHAEL) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER

Clerk`s Text Order - The document 28 Application for Clerk's Order to Ext Answer/Proposed Order submitted by PHILIP D. MURPHY, TAHESHA WAY has been GRANTED. The answer due date has been set for 09/28/2020. (jdb)

Sept. 4, 2020

Sept. 4, 2020

PACER

Notice of Pro Hac Vice counsel added

Sept. 4, 2020

Sept. 4, 2020

PACER
30

TEXT ORDER: Telephone Conference set for 9/8/2020 at 1:00 PM before Judge Michael A. Shipp. The Court will provide counsel with dial-in information. So Ordered by Judge Michael A. Shipp on 9/8/2020. (gxh) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
31

Minute Entry for proceedings held before Judge Michael A. Shipp: Telephone Conference held on 9/8/2020. (Court Reporter: CATHY FORD.) (gxh) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

RECAP

Update Answer Due Deadline

Sept. 8, 2020

Sept. 8, 2020

PACER

~Util - Set Hearings AND Order

Sept. 8, 2020

Sept. 8, 2020

PACER
32

MOTION for Leave to Appear Pro Hac Vice (Danielle M. Lang, Esq.) by LEAGUE OF WOMEN VOTERS OF NEW JERSEY, NAACP NEW JERSEY STATE CONFERENCE. (Attachments: # 1 Certification of B. John Pendleton, Jr., # 2 Certification of Danielle M. Lang, Esq., # 3 Text of Proposed Order, # 4 Certificate of Service)(PENDLETON, B.) (Entered: 09/09/2020)

1 Certification of B. John Pendleton, Jr.

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2 Certification of Danielle M. Lang, Esq.

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3 Text of Proposed Order

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4 Certificate of Service

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Sept. 9, 2020

Sept. 9, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Sept. 9, 2020

Sept. 9, 2020

PACER

Set Deadlines as to 32 MOTION for Leave to Appear Pro Hac Vice (Danielle M. Lang, Esq.). Motion set for 10/5/2020 before Magistrate Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr, )

Sept. 9, 2020

Sept. 9, 2020

PACER
33

AMENDED COMPLAINT against TAHESHA WAY, filed by NEW JERSEY REPUBLICAN STATE COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, DONALD J. TRUMP FOR PRESIDENT, INC..(TESTA, MICHAEL) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

Clearinghouse
34

TEXT ORDER: Counsel are directed to meet and confer regarding a briefing schedule for Plaintiffs' Amended Complaint (ECF No. 33 ). Counsel shall e-file joint correspondence with their proposed briefing schedule by no later than 09/16/2020. Applications for emergency relief shall conform to Local Civil Rule 65.1. So Ordered by Judge Michael A. Shipp on 9/14/2020. (gxh) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER

Order

Sept. 14, 2020

Sept. 14, 2020

PACER
35

MOTION for Order to Show Cause Why a Preliminary Injunction Should Not Issue by DONALD J. TRUMP FOR PRESIDENT, INC., NEW JERSEY REPUBLICAN STATE COMMITTEE, REPUBLICAN NATIONAL COMMITTEE. (Attachments: # 1 Brief, # 2 Certification of Bryan Weir, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Text of Proposed Order, # 30 Certificate of Service)(TESTA, MICHAEL) (Entered: 09/16/2020)

1 Brief

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2 Certification of Bryan Weir

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 15

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18 Exhibit 16

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19 Exhibit 17

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20 Exhibit 18

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21 Exhibit 19

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22 Exhibit 20

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23 Exhibit 21

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24 Exhibit 22

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25 Exhibit 23

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26 Exhibit 24

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27 Exhibit 25

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28 Exhibit 26

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29 Text of Proposed Order

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30 Certificate of Service

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Sept. 16, 2020

Sept. 16, 2020

RECAP
36

Letter from Rajiv D. Parikh, Esq. requesting extension re 34 Order,. (PARIKH, RAJIV) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
37

Letter from Michael L. Testa Jr. re 34 Order, 36 Letter. (TESTA, MICHAEL) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
38

Letter from Defendant proposing briefing schedule. (LYNCH, MATTHEW) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
39

TEXT ORDER: The Court is in receipt of Plaintiffs' proposed briefing schedule (ECF No. 37 ). Defendants and Intervenors are directed to submit their counterproposals no later than 5:00 pm, Thursday, September 17, 2020. The Court will issue a scheduling order on Friday, September 18, 2020. So Ordered by Judge Michael A. Shipp on 9/16/2020. (gxh) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER

Order

Sept. 16, 2020

Sept. 16, 2020

PACER
40

Letter from B. John Pendleton, Jr., on behalf of Proposed Defendant-Intervenors the League of Women Voters of New Jersey and NAACP New Jersey. (PENDLETON, B.) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
41

Letter from Rajiv D. Parikh, Esq. regarding briefing schedule and requesting telephone conference. re 38 Letter, 39 Order, 37 Letter. (PARIKH, RAJIV) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
42

TEXT ORDER: The following briefing schedule shall apply to Plaintiffs' Order to Show Cause (ECF No. 35 ). Defendants' opposition is due no later than September 25, 2020 and Plaintiffs' reply is due no later than September 28, 2020. The Court is in receipt of the Proposed Defendant-Intervenors' ("Proposed Intervenors") correspondence (ECF No. 40 ). Given the concerns set forth therein, Proposed Intervenors may file opposition to the Motion for Order to Show Cause (ECF No. 35 ) by no later than September 25, 2020. The Court, however, will reserve consideration of the arguments set forth by the Proposed Intervenors pending a decision on the pending Motion to Intervene (ECF No. 15 ). So Ordered by Judge Michael A. Shipp on 9/18/2020. (gxh) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER

Order

Sept. 18, 2020

Sept. 18, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Sept. 21, 2020

Sept. 21, 2020

PACER

Set Deadlines as to 35 MOTION for Order to Show Cause Why a Preliminary Injunction Should Not Issue. Motion set for 10/19/2020 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr)

Sept. 21, 2020

Sept. 21, 2020

PACER
43

BRIEF in Opposition filed by DONALD J. TRUMP FOR PRESIDENT, INC., NEW JERSEY REPUBLICAN STATE COMMITTEE, REPUBLICAN NATIONAL COMMITTEE re 15 MOTION to Intervene (Attachments: # 1 District of Montana Decision)(TESTA, MICHAEL) (Entered: 09/21/2020)

1 District of Montana Decision

View on PACER

Sept. 21, 2020

Sept. 21, 2020

RECAP
44

Letter. (PARIKH, RAJIV) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
45

MOTION for Leave to Appear Pro Hac Vice by DCCC. (Attachments: # 1 Certification Kevin J. Hamilton, # 2 Certification Rajiv. D. Parikh, # 3 Text of Proposed Order)(PARIKH, RAJIV) (Entered: 09/22/2020)

1 Certification Kevin J. Hamilton

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2 Certification Rajiv. D. Parikh

View on PACER

3 Text of Proposed Order

View on PACER

Sept. 22, 2020

Sept. 22, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Sept. 23, 2020

Sept. 23, 2020

PACER

Set Deadlines as to 45 MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/19/2020 before Magistrate Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr)

Sept. 23, 2020

Sept. 23, 2020

PACER
46

ORDER granting 15 Motion to Intervene. Signed by Magistrate Judge Zahid N. Quraishi on 09/23/2020. (jdb) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

RECAP
47

ORDER granting 22 Motion for Leave to Appear Pro Hac Vice as to Molly E. Danahy, Esq. Signed by Magistrate Judge Zahid N. Quraishi on 09/23/2020. (jdb) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
48

ORDER granting 32 Motion for Leave to Appear Pro Hac Vice at to Danielle M. Lang, Esq. Signed by Magistrate Judge Zahid N. Quraishi on 09/23/2020. (jdb) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
49

ORDER granting 45 Motion for Leave to Appear Pro Hac Vice as to Kevin J. Hamilton, Esq. Signed by Magistrate Judge Zahid N. Quraishi on 09/23/2020. (jdb) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
50

Letter from Defendant Way. (LYNCH, MATTHEW) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
51

TEXT ORDER: Telephone Conference set for 9/24/2020 at 1:00 PM before Judge Michael A. Shipp. The Court will provide counsel with dial-in information. So Ordered by Judge Michael A. Shipp on 9/23/2020. (gxh) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER

~Util - Set Hearings AND Order

Sept. 23, 2020

Sept. 23, 2020

PACER
52

Letter from Defendant Way requesting leave for overlength brief. (LYNCH, MATTHEW) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
53

LETTER ORDER consenting to Defendant's request to file and overlength brief of up to 50 pages. Signed by Judge Michael A. Shipp on 9/24/2020. (mg) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

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54

LETTER ORDER granting Defendant's request for leave to file an overlength brief of up to 50 pages in opposition to Plaintiffs' motion for preliminary injunctive relief. Signed by Judge Michael A. Shipp on 9/24/2020. (jmh) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
55

Minute Entry for proceedings held before Judge Michael A. Shipp: Telephone Conference held on 9/24/2020. (Court Reporter: CATHY FORD.) (gxh) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
56

BRIEF in Opposition filed by Atlantic County Democratic Committee re 35 MOTION for Order to Show Cause Why a Preliminary Injunction Should Not Issue (Attachments: # 1 Declaration Declaration of Robert D. Herman, Esq., # 2 Exhibit Combined Exhs. 1-16)(HERMAN, ROBERT) (Entered: 09/25/2020)

1 Declaration Declaration of Robert D. Herman, Esq.

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2 Exhibit Combined Exhs. 1-16

View on PACER

Sept. 25, 2020

Sept. 25, 2020

PACER
57

MEMORANDUM in Opposition filed by LEAGUE OF WOMEN VOTERS OF NEW JERSEY, NAACP NEW JERSEY STATE CONFERENCE re 35 MOTION for Order to Show Cause Why a Preliminary Injunction Should Not Issue (Attachments: # 1 Certification, # 2 Certificate of Service Certification of B. John Pendleton, Jr., ESQ. in Opposition to Plaintiffs Motion for Order to Show Cause why a Preliminary Injunction should not issue)(PENDLETON, B.) (Entered: 09/25/2020)

1 Certification

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2 Certificate of Service Certification of B. John Pendleton, Jr., ESQ. in Oppositi

View on PACER

Sept. 25, 2020

Sept. 25, 2020

PACER
58

BRIEF in Opposition filed by TAHESHA WAY re 35 MOTION for Order to Show Cause Why a Preliminary Injunction Should Not Issue (Attachments: # 1 Declaration of Matthew Lynch, # 2 Exhibit 1-7, # 3 Exhibit 8-13, # 4 Exhibit 14, # 5 Exhibit 15-19, # 6 Declaration of Robert Giles, # 7 Declaration of Kimberly Campisi, # 8 Exhibit 1-3, # 9 Declaration of Beth McGuckin, # 10 Exhibit, # 11 Declaration of Linda Von Nessi, # 12 Exhibit, # 13 Certificate of Service)(LYNCH, MATTHEW) (Entered: 09/25/2020)

1 Declaration of Matthew Lynch

View on RECAP

2 Exhibit 1-7

View on RECAP

3 Exhibit 8-13

View on RECAP

4 Exhibit 14

View on RECAP

5 Exhibit 15-19

View on RECAP

6 Declaration of Robert Giles

View on RECAP

7 Declaration of Kimberly Campisi

View on RECAP

8 Exhibit 1-3

View on RECAP

9 Declaration of Beth McGuckin

View on RECAP

10 Exhibit

View on RECAP

11 Declaration of Linda Von Nessi

View on RECAP

12 Exhibit

View on PACER

13 Certificate of Service

View on PACER

Sept. 25, 2020

Sept. 25, 2020

RECAP
59

BRIEF in Opposition filed by DCCC re 35 MOTION for Order to Show Cause Why a Preliminary Injunction Should Not Issue (Attachments: # 1 Certification of Rajiv D. Parikh in Opposition to 35, # 2 Exhibit s 1 through 6, # 3 Certificate of Service)(PARIKH, RAJIV) (Entered: 09/25/2020)

1 Certification of Rajiv D. Parikh in Opposition to [35]

View on PACER

2 Exhibit s 1 through 6

View on PACER

3 Certificate of Service

View on PACER

Sept. 25, 2020

Sept. 25, 2020

PACER
60

Exhibit to 58 Brief in Opposition to Motion, by PHILIP D. MURPHY. (jdb) (Entered: 09/28/2020)

Sept. 25, 2020

Sept. 25, 2020

RECAP
61

Letter from Plaintiffs requesting leave to file overlength reply brief. (TESTA, MICHAEL) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
62

LETTER ORDER granting Plaintiffs' request to file an overlength reply brief up to 20 pages to respond to the three oppositions. Signed by Judge Michael A. Shipp on 09/28/2020. (jdb) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
63

REPLY to Response to Motion filed by DONALD J. TRUMP FOR PRESIDENT, INC., NEW JERSEY REPUBLICAN STATE COMMITTEE, REPUBLICAN NATIONAL COMMITTEE re 35 MOTION for Order to Show Cause Why a Preliminary Injunction Should Not Issue (Attachments: # 1 Declaration of Douglas Steinhardt, # 2 Declaration of David Huguenel, # 3 Declaration of Elissa Voccola, # 4 Certificate of Service)(TESTA, MICHAEL) (Entered: 09/28/2020)

1 Declaration of Douglas Steinhardt

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2 Declaration of David Huguenel

View on RECAP

3 Declaration of Elissa Voccola

View on RECAP

4 Certificate of Service

View on RECAP

Sept. 28, 2020

Sept. 28, 2020

RECAP
64

MOTION for Leave to Appear Amicus Curiae by National Lawyers Guild Labor and Employment and International Committees. (Attachments: # 1 Exhibit Proposed Brief of Amici, # 2 Text of Proposed Order, # 3 Certificate of Service)(MCCARTHY, RYAN) (Entered: 09/29/2020)

1 Exhibit Proposed Brief of Amici

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2 Text of Proposed Order

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3 Certificate of Service

View on PACER

Sept. 29, 2020

Sept. 29, 2020

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Aug. 18, 2020

Closing Date: Oct. 22, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Presidential campaign committee, national political party, state political party

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

New Jersey, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Federalism (including 10th Amendment)

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Voting

Voting:

Election administration

Vote dilution