Case: Maryland Green Party v. Hogan

1:20-cv-01253 | U.S. District Court for the District of Maryland

Filed Date: May 19, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

This case, initially tracked by the Stanford/MIT Healthy Elections Project, is about Maryland election laws which required candidates from the Green Party and the Libertarian Party to gather 10,000 signatures in order to become official political parties and nominate a candidate, an amount which the plaintiffs wanted to be lower in light of the COVID-19 pandemic. The plaintiffs alleged that the laws, as well as restrictions put in place due to the COVID-19 pandemic, hindered them from being abl…

This case, initially tracked by the Stanford/MIT Healthy Elections Project, is about Maryland election laws which required candidates from the Green Party and the Libertarian Party to gather 10,000 signatures in order to become official political parties and nominate a candidate, an amount which the plaintiffs wanted to be lower in light of the COVID-19 pandemic. The plaintiffs alleged that the laws, as well as restrictions put in place due to the COVID-19 pandemic, hindered them from being able to regain status as political parties.

On May 9, 2020, the Maryland Green Party and the Libertarian Party of Maryland filed this lawsuit against the Governor of Maryland and the Maryland State Administrator of Elections in the U.S. District Court for the District of Maryland. The plaintiffs, suing under 42 U.S.C. § 1983, 28 U.S.C. § 1343, and 28 U.S.C. §§ 2201 and 2202, alleged that Maryland Code, Election Law § 4-102 (EL § 4-102) violated their First and Fourteenth Amendment rights. The plaintiffs sought declaratory and injunctive relief, enjoining strict enforcement of the alleged prohibitive election laws and allowing the Green Party or the Libertarian Party to be granted new party status under EL § 4-102 if they submitted a petition with 1,000 signatures before August 3, 2020; the plaintiffs also sought damages in an amount to be determined at trial. Simultaneous with the complaint, the plaintiffs filed a temporary restraining order, or in the alternative a preliminary injunction. The case was assigned to Judge Ellen L. Hollander.

The Defendants filed a response in opposition to the temporary restraining order and a motion to dismiss on May 29. 

On June 19, 2020, the parties filed a joint motion for consent judgment, notifying the court that the parties had negotiated judgment and wished for the court to dismiss the case. The consent judgment stipulated the judgment would be entered in favor of plaintiffs and against the State Elections Administrator, and that the signature requirement to regain status as a political party in Maryland would only be 5,000 for the November 3, 2020 election; all other complaints, including all claims against the Governor, were dismissed with prejudice. The court granted the motion and the case was dismissed with prejudice. 

Summary Authors

Caitlin Kierum (3/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17178013/parties/maryland-green-party-v-hogan/

Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Grannis, Mark A. (District of Columbia)

Hall, Oliver B. (District of Columbia)

Stichel, Henry M. (Maryland)

Attorneys(s) for Defendant

Scott, Robert A. (Maryland)

Trento, Andrea William (Maryland)

Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Grannis, Mark A. (District of Columbia)

Hall, Oliver B. (District of Columbia)

Stichel, Henry M. (Maryland)

Attorneys(s) for Defendant

Scott, Robert A. (Maryland)

Trento, Andrea William (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

June 19, 2020 Docket
1

Complaint for Injunctive Relief, Declaratory Relief, Damages, and Other Relief

May 19, 2020 Complaint
25

Consent Judgment

June 19, 2020 Order/Opinion

Resources

Title Description External URL

Md. Green Party v. Hogan

Stanford-MIT Healthy Elections Project

Plaintiffs the Green Party and Libertarian Party of Maryland sued the Governor and State Administrator of Elections, alleging the governmental restrictions imposed in response to COVID-19 have hinder… Sept. 1, 2020 https://healthyelections-case-tracker.stanford.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17178013/maryland-green-party-v-hogan/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-8659391.), filed by Maryland Green Party, Robert S. Johnston, III, Libertarian Party of Maryland, Steven Andrew Ellis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Stichel, Henry) (Entered: 05/19/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Civil Cover Sheet

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May 19, 2020 Clearinghouse
2

MOTION for Temporary Restraining Order or in the alternative for a Preliminary Injunction by Steven Andrew Ellis, Robert S. Johnston, III, Libertarian Party of Maryland, Maryland Green Party (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Steven Andrew Ellis, # 3 Affidavit of Samuel H. Hobbs, # 4 Affidavit of Tim Willard, # 5 Text of Proposed Order)(Stichel, Henry) (Entered: 05/19/2020)

May 19, 2020 PACER
3

QC NOTICE: 1 Complaint, filed by Robert S. Johnston, III, Steven Andrew Ellis, Maryland Green Party, Libertarian Party of Maryland was filed incorrectly. **The following attachments or exhibits are missing - Summons. To correct this problem, file Summons using the event Notice (Other) and link Summons to 1 . (ols, Deputy Clerk) (Entered: 05/20/2020)

May 20, 2020 PACER
4

NOTICE by Steven Andrew Ellis, Robert S. Johnston, III, Libertarian Party of Maryland, Maryland Green Party re 1 Complaint, Request for Issuance of Summons -- Angela Marcos (Attachments: # 1 Summons)(Stichel, Henry) (Entered: 05/20/2020)

May 20, 2020 PACER
5

Summons Issued 21 days as to Lawrence J. Hogan, Jr, Linda H Lamone. (ols, Deputy Clerk) (Entered: 05/20/2020)

May 20, 2020 PACER
6

MEMORANDUM ORDER to Plaintiffs' Counsel. Signed by Judge Ellen L. Hollander on 5/20/2020. (ols, Deputy Clerk) (Entered: 05/20/2020)

May 20, 2020 RECAP
7

Consent Request for Hearing/Trial and parties' proposed scheduling re: Preliminary Injunction Motion (Stichel, Henry) (Entered: 05/20/2020)

May 20, 2020 PACER
8

PAPERLESS ORDER. A telephone conference has been scheduled for May 22, 2020, at 1:00 p.m. Counsel for plaintiffs is to initiate the call to defense counsel and then to chambers at 410-962-0742. Signed by Judge Ellen L. Hollander on 5/20/2020. (kw, Chambers) (Entered: 05/20/2020)

May 20, 2020 PACER
9

NOTICE of Appearance by Mark A Grannis on behalf of Robert S. Johnston, III, Libertarian Party of Maryland (Grannis, Mark) (Entered: 05/20/2020)

May 20, 2020 PACER
10

MOTION to Appear Pro Hac Vice for Oliver B. Hall (Filing fee $100, receipt number 0416-8661588.) by Robert S. Johnston, III, Libertarian Party of Maryland(Grannis, Mark) (Entered: 05/20/2020)

May 20, 2020 PACER
11

NOTICE of Appearance by Andrea William Trento on behalf of All Defendants (Trento, Andrea) (Entered: 05/21/2020)

May 21, 2020 PACER
12

NOTICE of Appearance by Robert A Scott on behalf of All Defendants (Scott, Robert) (Entered: 05/21/2020)

May 21, 2020 PACER

Telephone Status Conference held on 5/22/2020 before Judge Ellen L. Hollander. (ols, Deputy Clerk)

May 22, 2020 PACER

Status Conference

May 22, 2020 PACER
13

ORDER confirming discussions during the telephone conference. Signed by Judge Ellen L. Hollander on 5/22/2020. (ols, Deputy Clerk) (Entered: 05/26/2020)

May 22, 2020 PACER
14

PAPERLESS ORDER granting 10 Motion to Appear Pro Hac Vice on behalf of Oliver B Hall. Directing attorney Oliver B Hall to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/27/2020. (srds, Deputy Clerk) (Entered: 05/27/2020)

May 27, 2020 PACER
15

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order or in the alternative for a Preliminary Injunction filed by Lawrence J. Hogan, Jr, Linda H Lamone. (Attachments: # 1 Affidavit Decl. of Andrea W. Trento, # 2 Exhibit A to Trento Decl., # 3 Exhibit B to Trento Decl., # 4 Exhibit C to Trento Decl., # 5 Affidavit Decl. of Mary C. Wagner, # 6 Exhibit 1 to Wagner Decl.)(Trento, Andrea) (Entered: 05/29/2020)

May 29, 2020 PACER
16

MOTION to Dismiss for Failure to State a Claim by Lawrence J. Hogan, Jr, Linda H Lamone (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Trento, Andrea) (Entered: 05/29/2020)

May 29, 2020 PACER
17

Correspondence Correcting Earlier Submission: 15 Response in Opposition to Motion, attaching inadvertenly omitted exhibit (Attachments: # 1 Exhibit 2 to Wagner Declaration (ECF No 15-5))(Trento, Andrea) (Entered: 05/30/2020)

May 30, 2020 PACER
18

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order or in the alternative for a Preliminary Injunction filed by Steven Andrew Ellis, Maryland Green Party. (Attachments: # 1 Affidavit of Samuel H. Hobbs, # 2 Exhibit 1 to Hobbs Affidavit, # 3 Exhibit 2 to Hobbs Affidavit, # 4 Exhibit 3 to Hobbs Affidavit, # 5 Affidavit of Steven Andrew Ellis, # 6 Exhibit 1 to Ellis Affidavit, # 7 Exhibit 2 to Elis Affidavit)(Stichel, Henry) (Entered: 06/03/2020)

1 Affidavit of Samuel H. Hobbs

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2 Exhibit 1 to Hobbs Affidavit

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3 Exhibit 2 to Hobbs Affidavit

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4 Exhibit 3 to Hobbs Affidavit

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5 Affidavit of Steven Andrew Ellis

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6 Exhibit 1 to Ellis Affidavit

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7 Exhibit 2 to Elis Affidavit

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June 3, 2020 RECAP
19

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order or in the alternative for a Preliminary Injunction filed by Robert S. Johnston, III, Libertarian Party of Maryland. (Attachments: # 1 Declaration of Richard Winger in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction, # 2 Declaration of Robert S. Johnston, III in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction, # 3 Exhibit A) (ols, Deputy Clerk) (Entered: 06/05/2020)

June 4, 2020 PACER
20

MOTION Request to Join Action as Plaintiff Under Rule 20 by Peter James (Attachments: # 1 Envelope) (ols, Deputy Clerk) (Entered: 06/08/2020)

June 8, 2020 PACER

Status Conference

June 8, 2020 PACER

Telephone Status Conference held on 6/8/2020 before Judge Ellen L. Hollander. (ols, Deputy Clerk)

June 8, 2020 PACER
21

PAPERLESS ORDER. The hearing scheduled for June 12, 2020, has been cancelled. Signed by Judge Ellen L. Hollander on 6/11/2020. (kw, Chambers) (Entered: 06/11/2020)

June 11, 2020 PACER
22

Consent MOTION for Extension of Time to File Response/Reply by Steven Andrew Ellis, Maryland Green Party(Stichel, Henry) (Entered: 06/12/2020)

June 12, 2020 RECAP
23

MARGINAL ORDER approving 22 Consent Motion to Extend Deadline for Response to Motion to Dismiss. Signed by Judge Ellen L. Hollander on 6/12/2020. (c/m 06/12/2020 ols, Deputy Clerk) Modified on 6/12/2020 (ols, Deputy Clerk). (Entered: 06/12/2020)

June 12, 2020 PACER
24

Joint MOTION for Judgment (for Entry of Consent Judgment) by Libertarian Party of Maryland, Maryland Green Party (Attachments: # 1 Exhibit A -- Proposed Consent Judgment)(Stichel, Henry) (Entered: 06/19/2020)

1 Exhibit A -- Proposed Consent Judgment

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June 19, 2020 RECAP
25

CONSENT JUDGMENT entered in favor of plaintiffs and against defendant Administrator Lamone; Granting 24 Joint Motion for Judgment; Further Ordered that all claims against Governor Hogan in the lawsuit are dismissed with prejudice; Further Ordered that Count II of the Complaint is dismissed with prejudice. Signed by Judge Ellen L. Hollander on 6/19/2020. (c/m 06/22/2020 ols, Deputy Clerk) Modified on 6/22/2020 (ols, Deputy Clerk). (Entered: 06/19/2020)

June 19, 2020 Clearinghouse
24

Joint MOTION for Judgment (for Entry of Consent Judgment) by Libertarian Party of Maryland, Maryland Green Party (Attachments: # 1 Exhibit A -- Proposed Consent Judgment)(Stichel, Henry) (Entered: 06/19/2020)

1 Exhibit A -- Proposed Consent Judgment

View on RECAP

June 19, 2020 RECAP
25

CONSENT JUDGMENT entered in favor of plaintiffs and against defendant Administrator Lamone; Granting 24 Joint Motion for Judgment; Further Ordered that all claims against Governor Hogan in the lawsuit are dismissed with prejudice; Further Ordered that Count II of the Complaint is dismissed with prejudice. Signed by Judge Ellen L. Hollander on 6/19/2020. (c/m 06/22/2020 ols, Deputy Clerk) Modified on 6/22/2020 (ols, Deputy Clerk). (Entered: 06/19/2020)

June 19, 2020 RECAP

State / Territory: Maryland

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 19, 2020

Closing Date: June 19, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Maryland Green Party and the Libertarian Party of Maryland

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 Maryland, State

State Administrator of Elections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

COVID-19:

Mitigation Granted

Mitigation Requested

Voting:

Candidate qualifications

Election administration