Case: Donald J. Trump for President v. Bullock

6:20-cv-00066 | U.S. District Court for the District of Montana

Filed Date: Sept. 2, 2020

Closed Date: Sept. 30, 2020

Clearinghouse coding complete

Case Summary

This is a case about mail-in voting during the 2020 general election. On August 6, 2020, the Governor of Montana issued a directive which would allow universal vote-by-mail in the state by sending each registered voter a mail-in absentee ballot. Unlike many other voting rights cases, here the plaintiffs wished to restrict access to the ballot. On September 2, 2020, the Trump Presidential Campaign, the National Republican Senatorial Committee, and the Montana Republican State Central Committee s…

This is a case about mail-in voting during the 2020 general election. On August 6, 2020, the Governor of Montana issued a directive which would allow universal vote-by-mail in the state by sending each registered voter a mail-in absentee ballot. Unlike many other voting rights cases, here the plaintiffs wished to restrict access to the ballot. On September 2, 2020, the Trump Presidential Campaign, the National Republican Senatorial Committee, and the Montana Republican State Central Committee sued the Governor and Secretary of State of Montana in the District of Montana. Represented by private counsel, the plaintiffs alleged that the directive violated the Elections Clause, the Electors Clause, and the “Right to Vote,” asserting their claims under 42 U.S.C. § 1983. The plaintiffs sought declaratory relief, an injunction to prohibit the defendants from enforcing the directive, and attorneys’ fees. The plaintiffs also moved on September 2 for a preliminary injunction, requesting the same relief as the complaint. 

Multiple parties moved to intervene on both sides. On September 8, 2020, the district court granted the Democratic Congressional and Senatorial Campaign Committees and the Montana Democratic Party’s September 4 motions to intervene as defendants. The court also granted the Speaker of the Montana House and President of the Montana Senate’s September 8 motions to intervene as defendants.

On September 9, 2020, the court consolidated the case with Lamm v. Bullock, 6:20-cv-00067 (D. Mont. 2020), because the plaintiffs there asserted similar claims against the Governor. 

The League of Women Voters of Montana moved to intervene in the action as defendants on September 11, 2020. The court denied the motion on September 14, but permitted the League to participate in the case as amicus. 

The court held a combined preliminary injunction and merits hearing on September 22, 2020, during which the plaintiffs clarified their constitutional claims. On September 30, the district court denied the plaintiffs’ motion for injunctive relief and rendered judgment in favor of the defendants in both the Trump for President and Lamm cases. 

District Judge Dana L. Christensen wrote the opinion. On jurisdictional issues, the court first found that the plaintiffs had brought proper Ex parte Young claims, so Eleventh Amendment state sovereign immunity did not apply. The plaintiffs had asserted both representational and organizational standing — if the directive were found unconstitutional, individuals the organizations represented would suffer injuries-in-fact, and the organizations would have to divert some of their resources to comply with an unconstitutional directive. And, contrary to the Governor’s arguments, there was no case for Pullman abstention because resolution of the state law issue (whether the Governor’s directive exceeded his authority under the state constitution) was not difficult and would not obviate the need to consider the federal law questions presented.

But, turning to the preliminary injunction factors, the court found the plaintiffs’ claims lacking on the merits in three respects. First, the governor’s use of his emergency authority, granted by the Montana legislature, to modify the state election procedures did not violate the Elections Clause. Second, the premise of the plaintiffs’ vote dilution claims — that vote-by-mail would cause widespread fraud and diminish the power of legitimate voters — was a “fiction” unsupported by any evidence. Third, universal vote-by-mail did not cause disparate treatment of any voters, dooming the equal protection claim. There was no risk of irreparable injury to the plaintiffs because they had not asserted any constitutional violations. And, the court found, the public interest would not be served by granting the plaintiffs’ requested injunction because the ongoing COVID-19 pandemic weighed in favor of, not against, mail-in voting. The court denied the plaintiffs’ motion for injunctive relief and rendered judgment in favor of the defendants on all claims in both the Trump for President and Lamm cases. 491 F.Supp.3d 814.

The case is now closed. 

Summary Authors

John Juenemann (4/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18201456/parties/donald-j-trump-for-president-v-bullock/


Attorneys(s) for Plaintiff

Brown, James (Montana)

Christensen, Dana Lewis (Montana)

Green, Tyler R (Virginia)

McCarthy, Thomas R. (Virginia)

Norris, Cameron T. (Virginia)

Weir, Bryan K. (Virginia)

Attorneys(s) for Defendant

Abbott, Christopher D (Montana)

Graybill, Raphael (Montana)

James, Austin M (Montana)

Sommers-Flanagan, Rylee K (Montana)

Attorneys(s) for Plaintiff

Brown, James (Montana)

Christensen, Dana Lewis (Montana)

Green, Tyler R (Virginia)

McCarthy, Thomas R. (Virginia)

Norris, Cameron T. (Virginia)

Weir, Bryan K. (Virginia)

Attorneys(s) for Defendant

Abbott, Christopher D (Montana)

Graybill, Raphael (Montana)

James, Austin M (Montana)

Sommers-Flanagan, Rylee K (Montana)

Other Attorney(s)

Diaz, Jonathan (District of Columbia)

Drake, Curt Glen (Montana)

Johnson, Hayden S (District of Columbia)

Kauffman, Michael Alan (Montana)

Khanna, Abha (Washington)

Klanke, Patricia Hope (Montana)

Leeper, Simone T (District of Columbia)

Llewellyn, Patrick D. (District of Columbia)

Meloy, Peter M (Montana)

Milanovich, Anita Y (Montana)

Polio, Dennis W. (Virginia)

Torchinsky, Jason Brett (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 30, 2020 Docket
1

Complaint for Declaratory Judgment and Injunctive Relief

Sept. 2, 2020 Complaint
112

Order

Donald J Trump for President v. Bullock

491 F.Supp.3d 814, 2020 WL 5810556

Sept. 30, 2020 Order/Opinion

Resources

Title Description External URL

Donald J. Trump for President v. Bullock

COVID-Related Election Litigation Tracker

Governor Bullock enacted an executive order granting universal vote-by-mail balloting. Plaintiffs allege that (1) such a system is vulnerable to voter abuse and fraud; (2) only the state legislature … Oct. 7, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=225

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18201456/donald-j-trump-for-president-v-bullock/

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

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by Donald J. Trump for President, Republican National Committee, Montana Republican State Central Committee, National Republican Senatorial Committee. (Attachments: # 1 Civil Cover Sheet) (HEG) (Entered: 09/02/2020)

1 Civil Cover Sheet

View on PACER

Sept. 2, 2020 Clearinghouse

Filing Fee Received

Sept. 2, 2020 PACER

Filing fee RECEIVED: $ 400, receipt number 0977-2536357. (HEG)

Sept. 2, 2020 PACER
2

MOTION Thomas R. McCarthy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2536580.) James Edward Brown appearing for Plaintiffs Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee (Attachments: # 1 Affidavit of Thomas R. McCarthy) (Brown, James) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
3

MOTION Tyler Green to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2536582.) James Edward Brown appearing for Plaintiffs Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee (Attachments: # 1 Affidavit of Tyler Green) (Brown, James) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
4

MOTION Bryan Weir to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2536584.) James Edward Brown appearing for Plaintiffs Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee (Attachments: # 1 Affidavit of Bryan Weir) (Brown, James) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
5

MOTION Cameron T. Norris to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2536589.) James Edward Brown appearing for Plaintiffs Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee (Attachments: # 1 Affidavit of Cameron T. Norris) (Brown, James) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
6

ORDERED: Plaintiffs motions for admission pro hac vice (Docs. 25) are DENIED subject to renewal. Signed by Judge Dana L. Christensen on 9/2/2020. (HEG) (Entered: 09/02/2020)

Sept. 2, 2020 RECAP
7

Corporate Disclosure Statement by Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee. (Brown, James) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
8

MOTION for Preliminary Injunction James Edward Brown appearing for Plaintiffs Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee (Brown, James) (Entered: 09/02/2020)

Sept. 2, 2020 RECAP
9

Brief/Memorandum in Support re 8 MOTION for Preliminary Injunction filed by Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee. (Brown, James) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
10

AFFIDAVIT in Support re 8 MOTION for Preliminary Injunction filed by Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee. (Attachments: # 1 Exhibit 1 - Election Directive, # 2 Exhibit 2 - Absentee Ballot Application, # 3 Exhibit 3 - Secretary's Mail-Ballot Instructions, # 4 Exhibit 4 - March 15 Directive, # 5 Exhibit 5 - March 26 Directive, # 6 Exhibit 6 - April 22 Release, # 7 Exhibit 7 - April 22 Directive, # 8 Exhibit 8 - May 8 Directive, # 9 Exhibit 9 - May 19 Directive, # 10 Exhibit 10 - Phase Two Outline, # 11 Exhibit 11 - Marc Elias Tweet, # 12 Exhibit 12 - Carter-Baker Report, # 13 Exhibit 13 - Morley Redlines Article, # 14 Exhibit 14 - Washington State Article, # 15 Exhibit 15 - NJ EO-105, # 16 Exhibit 16 - NJ Balloting Article, # 17 Exhibit 17 - Paterson Article #1, # 18 Exhibit 18 - Paterson Article #2, # 19 Exhibit 19 - Paterson Article #3, # 20 Exhibit 20 - Paterson Article #4, # 21 Exhibit 21 - NJ EO-144, # 22 Exhibit 22 - NJ 2016 Turnout Data, # 23 Exhibit 23 - NJ 2020 Turnout Data, # 24 Exhibit 24 - NJ Delay Article, # 25 Exhibit 25 - Nevada Balloting Article #1, # 26 Exhibit 26 - Nevada Balloting Article #2, # 27 Exhibit 27 - March 25 Release, # 28 Exhibit 28 - 2020 Primary Election Data, # 29 Exhibit 29 - Missoula Article, # 30 Exhibit 30 - Gallatin Article, # 31 Exhibit 31 - Lewis & Clark Article, # 32 Exhibit 32 - Yellowstone Article, # 33 Exhibit 33 - EO 10-2019, # 34 Exhibit 34 - Dr. Fauci Article, # 35 Exhibit 35 - Secretary's Inactives Email, # 36 Exhibit 36 - Brennan Center Report, # 37 Exhibit 37 - Wisconsin Article, # 38 Exhibit 38 - CDC Study) (Brown, James) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
11

Amended MOTION Thomas R. McCarthy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2536580.) James Edward Brown appearing for Plaintiffs Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee (Attachments: # 1 Affidavit of Thomas R. McCarthy) (Brown, James) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
12

Amended MOTION Tyler Green to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2536582.) James Edward Brown appearing for Plaintiffs Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee (Attachments: # 1 Affidavit of Tyler Green) (Brown, James) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
13

Amended MOTION Bryan Weir to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2536584.) James Edward Brown appearing for Plaintiffs Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee (Attachments: # 1 Affidavit of Bryan Weir) (Brown, James) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
14

Amended MOTION Cameron T. Norris to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2536589.) James Edward Brown appearing for Plaintiffs Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee (Attachments: # 1 Affidavit of Cameron T. Norris) (Brown, James) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
15

Submission of Proposed Summons as to Stephen Bullock, Corey Stapleton, re 1 Complaint, (Brown, James) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
16

MOTION to Expedite Consideration of Motion for Preliminary Injunction James Edward Brown appearing for Plaintiffs Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee (Brown, James) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
17

NOTICE of Appearance by Raphael Graybill on behalf of Stephen Bullock (Graybill, Raphael) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
18

RESPONSE to Motion re 16 MOTION to Expedite Consideration of Motion for Preliminary Injunction filed by Stephen Bullock. (Graybill, Raphael) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
19

ORDERED: Plaintiffs motions to admit Mr. McCarthy, Mr. Green, Mr. Weir, and Mr. Norris pro hac vice (Docs. 1114) are GRANTED on the condition that they do their own work. See order for complete details. IT IS FURTHER ORDERED that this Order is subject to withdrawal unless Mr. McCarthy, Mr. Green, Mr. Weir, and Mr. Norris file a separate pleading acknowledging their admission under the terms set forth above within fifteen (15) days of this Order. Signed by Judge Dana L. Christensen on 9/4/2020. (HEG) (Entered: 09/04/2020)

Sept. 4, 2020 RECAP
20

Letter from Clerk of Court, Tyler P. Gilman to PHV counsel Thomas R. McCarthy regarding the CM/ECF registration requirements. Copy with Order e-mailed to counsel. (HEG) (Entered: 09/04/2020)

Sept. 4, 2020 RECAP
21

Letter from Clerk of Court, Tyler P. Gilman to PHV Counsel Tyler Green regarding the CM/ECF registration requirements. Copy of letter and Order emailed to counsel. (HEG) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
22

Letter from Clerk of Court, Tyler P. Gilman to PHV counsel Bryan Weir regarding the CM/ECF registration requirements. Copy of Letter and Order emailed to counsel. (HEG) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
23

Letter from Clerk of Court, Tyler P. Gilman to PHV Counsel Cameron Norris regarding the CM/ECF registration requirements. Copy of Letter and Order emailed to counsel. (HEG) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
24

REPLY to Response to Motion re 16 MOTION to Expedite Consideration of Motion for Preliminary Injunction filed by Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee. (McCarthy, Thomas) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
25

Summons Issued as to Stephen Bullock, Corey Stapleton. Summons may be downloaded and printed by Plaintiffs' Counsel for service. (Attachments: Bullock Summons, # 1 Stapleton Summons) (NOS) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
26

NOTICE of Appearance by Rylee K. Sommers-Flanagan on behalf of Stephen Bullock (Sommers-Flanagan, Rylee) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
27

NOTICE of Appearance by Christopher D. Abbott on behalf of Stephen Bullock (Abbott, Christopher) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
28

MOTION to Intervene. Expedited Briefing Schedule Requested. Peter M. Meloy appearing for Interested Parties DCCC, DSCC, Montana Democratic Party (HEG) (Entered: 09/04/2020)

Sept. 4, 2020 RECAP
29

Brief/Memorandum in Support re 28 MOTION to Intervene filed by DCCC, DSCC, Montana Democratic Party. (Attachments: # 1 Proposed Answer to Complaint) (HEG) (Entered: 09/04/2020)

1 Proposed Answer to Complaint

View on PACER

Sept. 4, 2020 RECAP
30

RESPONSE to Motion re 28 MOTION to Intervene filed by Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Brown, James) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
31

Disclosure Statement by Montana Democratic Party. (Meloy, Peter) (Entered: 09/05/2020)

Sept. 5, 2020 PACER
32

MOTION Abha Khanna to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2538551.) Peter M. Meloy appearing for Interested Party Montana Democratic Party (Attachments: # 1 Affidavit) (Meloy, Peter) (Entered: 09/05/2020)

Sept. 5, 2020 PACER
33

MOTION to Intervene. Anita Y. Milanovich appearing for Interested Parties Greg Hertz, Scott Sales (HEG) (Entered: 09/08/2020)

Sept. 8, 2020 RECAP

Set/Reset Hearings

Sept. 8, 2020 PACER
34

Brief/Memorandum in Support re 33 MOTION to Intervene filed by Greg Hertz, Scott Sales. (Attachments: # 1 Proposed Complaint) (HEG) (Entered: 09/08/2020)

Sept. 8, 2020 PACER

Set/Reset Deadlines

Sept. 8, 2020 PACER
35

ORDER granting 28 Motion to Intervene; granting 33 Motion to Intervene; denying 16 Motion to Expedite. IT IS FURTHER ORDERED that the Court will conduct a hearing on Plaintiffs motion for a preliminary injunction (Doc. 8) at 1:00 P.M. on September 22, 2020, at the Russel Smith Courthouse in Missoula, Montana. The Court will set time limits for oral arguments after all the briefs have been filed. SEE ORDER FOR COMPLETE FILING INFORMATION AND DEADLINES. Signed by Judge Dana L. Christensen on 9/8/2020. (HEG) (Entered: 09/08/2020)

Sept. 8, 2020 RECAP

Remark

Sept. 8, 2020 PACER

Set Hearings: Motion Hearing set for 9/22/2020 at 01:00 PM in Missoula, MT before Judge Dana L. Christensen. (HEG)

Sept. 8, 2020 PACER
36

ORDER granting 32 Motion for Abha Khanna to Appear Pro Hac Vice. IT IS FURTHER ORDERED that this Order is subject to withdrawal unless Ms. Khanna files a separate pleading acknowledging her admission under the terms set forth above within fifteen (15) days of this Order. Signed by Judge Dana L. Christensen on 9/8/2020. (HEG) (Entered: 09/08/2020)

Sept. 8, 2020 RECAP
37

Letter from Clerk of Court, Tyler P. Gilman to PHV counsel Abha Khanna regarding the CM/ECF registration requirements. Copy of Order and letter emailed to PHV counsel. (HEG) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
38

Intervenor COMPLAINT, filed by Scott Sales, Greg Hertz. (Milanovich, Anita) (Entered: 09/08/2020)

Sept. 8, 2020 PACER

Set Deadlines: Defendant and Intervenor-Defendant shall file an answer or other responsive pleading to the Plaintiffs Complaint (Doc. 1) and the Intervenor-Plaintiffs Complaint on or before September 17, 2020. (HEG)

Sept. 8, 2020 PACER

Remark: PHV counsel Abha Khanna is now a registered e-filer and will receive electronic notifications in this matter. (HEG)

Sept. 8, 2020 PACER
39

RESPONSE to Motion re 8 MOTION for Preliminary Injunction filed by Greg Hertz, Scott Sales. (Milanovich, Anita) (Entered: 09/08/2020)

Sept. 8, 2020 PACER

Set/Reset Hearings - SDM

Sept. 8, 2020 PACER

Set/Reset Deadlines - SDM

Sept. 8, 2020 PACER
40

Notice of Undeliverable Electronic Notice: re 38 Intervenor Complaint, 25 Summons Issued, 37 Letter, 23 Letter, 26 Notice of Appearance, 18 Response to Motion, 30 Response to Motion, 22 Letter, 31 Disclosure Statement, 33 MOTION to Intervene, 24 Reply to Response to Motion, 35 Order on Motion to Intervene,,,,,, Order on Motion to Expedite,, 19 Order on Motion to Appear Pro Hac Vice,,,,,,,,,,, 21 Letter, 32 MOTION Abha Khanna to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2538551.), 34 Brief/Memorandum in Support, 17 Notice of Appearance, 28 MOTION to Intervene, 29 Brief/Memorandum in Support, 39 Response to Motion, 27 Notice of Appearance, 20 Letter, 36 Order on Motion to Appear Pro Hac Vice,. Name of attorney whose NEF was undeliverable: Cameron T. Norris. (MRC) (Entered: 09/09/2020)

Sept. 9, 2020 PACER
41

NOTICE of Appearance by Austin M. James on behalf of Corey Stapleton (James, Austin) (Entered: 09/09/2020)

Sept. 9, 2020 PACER
42

ANSWER to Complaint by Montana Democratic Party. (Meloy, Peter) (Entered: 09/09/2020)

Sept. 9, 2020 PACER
43

Unopposed MOTION Jason Torchinsky to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2540033.) Anita Y. Milanovich appearing for Intervenor Plaintiffs Greg Hertz, Scott Sales (Attachments: # 1 Affidavit of Jason Torchinsky, # 2 Text of Proposed Order) (Milanovich, Anita) (Entered: 09/09/2020)

Sept. 9, 2020 PACER
44

Unopposed MOTION Dennis Polio to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2540040.) Anita Y. Milanovich appearing for Intervenor Plaintiffs Greg Hertz, Scott Sales (Attachments: # 1 Affidavit of Dennis Polio, # 2 Text of Proposed Order) (Milanovich, Anita) (Entered: 09/09/2020)

Sept. 9, 2020 PACER
45

CONSOLIDATION ORDER. Case Nos. 6:20-cv-00066-DLC and 6:20-cv-00067-DLC are CONSOLIDATED pursuant to Federal Rule of Civil Procedure 42(a)(2). Pursuant to the Guide for Filing in the District of Montana regarding consolidated cases, all documents shall be e-filed in the lead case 6:20-cv-00066-DLC and spread to the appropriate member case 6:20-cv-00067-DLC. SEE ORDER FOR COMPLETE DETAILS AND INFORMATION. Signed by Judge Dana L. Christensen on 9/9/2020. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/09/2020)

Sept. 9, 2020 RECAP
46

NOTICE of Filing Exhibits re: 43 Unopposed MOTION Jason Torchinsky to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2540033.) (Attachments: # 1 Exhibit Torchinsky Court Admissions) (Milanovich, Anita) (Entered: 09/09/2020)

Sept. 9, 2020 PACER
47

NOTICE of Change of Address by Emily E. Jones Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Jones, Emily) (Entered: 09/10/2020)

Sept. 10, 2020 PACER
48

ORDERED: Intervenor-Plaintiffs motions for admission pro hac vice (Docs. 43, 44) are GRANTED. IT IS FURTHER ORDERED that Plaintiffs motions for admission pro hac vice (Docs. 7, 8, 9, 10) in the member case (6:20-cv-00067-DLC) are DENIED subject to renewal. Signed by Judge Dana L. Christensen on 9/10/2020. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/10/2020)

Sept. 10, 2020 RECAP
49

Letter from Clerk of Court, Tyler P. Gilman to PHV counsel Jason Torchinsky regarding the CM/ECF registration requirements. Copy of order and letter emailed to counsel. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/10/2020)

Sept. 10, 2020 PACER
50

Letter from Clerk of Court, Tyler P. Gilman to PHV counsel Dennis Polio regarding the CM/ECF registration requirements. Copy of order and letter emailed to counsel. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/10/2020)

Sept. 10, 2020 PACER
51

MOTION James Bopp Jr. to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 09772539998.) Emily E. Jones appearing for Plaintiffs Joe Lamm, Brent Nave, Fiona Nave, Jeff Wagner, Sylvia Wagner (Attachments: # 1 Affidavit Supporting Affidavit, # 2 Text of Proposed Order Proposed Order) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Jones, Emily) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
52

MOTION Angela Stuedemann to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 09772540001.) Emily E. Jones appearing for Plaintiffs Joe Lamm, Brent Nave, Fiona Nave, Jeff Wagner, Sylvia Wagner (Attachments: # 1 Affidavit Supporting Affidavit, # 2 Text of Proposed Order Proposed Order) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Jones, Emily) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
53

MOTION Courtney Turner Milbank to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 09772540018.) Emily E. Jones appearing for Plaintiffs Joe Lamm, Brent Nave, Fiona Nave, Jeff Wagner, Sylvia Wagner (Attachments: # 1 Affidavit Supporting Affidavit, # 2 Text of Proposed Order Proposed Order) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Jones, Emily) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
54

MOTION Richard E. Coleson to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 09772540015.) Emily E. Jones appearing for Plaintiffs Joe Lamm, Brent Nave, Fiona Nave, Jeff Wagner, Sylvia Wagner (Attachments: # 1 Affidavit Supporting Affidavit, # 2 Text of Proposed Order Proposed Order) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Jones, Emily) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
55

NOTICE of Acknowledgment of Pro Hac Vice Order by Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee re (19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC) Order on Motion to Appear Pro Hac Vice,,,,,,,,,,, Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (McCarthy, Thomas) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
56

NOTICE of Acknowledgment of Pro Hac Vice Order by Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee re (19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC) Order on Motion to Appear Pro Hac Vice,,,,,,,,,,, Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Green, Tyler) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
57

NOTICE of Acknowledgment of Pro Hac Vice Order by Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee re (19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC) Order on Motion to Appear Pro Hac Vice,,,,,,,,,,, Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Weir, Bryan) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
58

NOTICE of Acknowledgment of Pro Hac Vice Order by Donald J. Trump for President, Montana Republican State Central Committee, National Republican Senatorial Committee, Republican National Committee re (19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC, 19 in 6:20-cv-00066-DLC) Order on Motion to Appear Pro Hac Vice,,,,,,,,,,, Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Norris, Cameron) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
59

MOTION to Intervene Michael Alan Kauffman appearing for Interested Party League of Women Voters of Montana Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/11/2020)

Sept. 11, 2020 RECAP
60

Brief/Memorandum in Support re (24 in 6:20-cv-00067-DLC) MOTION to Intervene filed by League of Women Voters of Montana. (Attachments: # 1 Proposed Answer, # 2 Proposed Disclosure Statement) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
61

ORDERED: LWVMTs motion (Doc. 59) is DENIED. IT IS FURTHER ORDERED that, pursuant to Local Rule 7.5, the LWVMT shall be permitted to participate in this case as amicus by filing an amicus brief on or before September 17, 2020. IT IS FURTHER ORDERED that any amicus brief filed by the LWVMT shall not exceed 4000 words. Signed by Judge Dana L. Christensen on 9/14/2020. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/14/2020)

Sept. 14, 2020 RECAP

Remark

Sept. 14, 2020 PACER
62

ORDERED: The motions for admission pro hac vice (Docs. 51, 52, 53, 54) are GRANTED on the condition that they do their own work. IT IS FURTHER ORDERED that this Order is subject to withdrawal unless Mr. Bopp, Ms. Stuedemann, Ms. Milbank, and Mr. Coleson file a separate pleading acknowledging their admission under the terms set forth above within fifteen (15) days of this Order. Acknowledgment of PHV Order due by 9/29/2020. Signed by Judge Dana L. Christensen on 9/14/2020. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/14/2020)

Sept. 14, 2020 RECAP

Remark: PHV counsel Dennis Polio and Jason Torchinsky are now registered e-filers and will receive electronic notifications in this matter. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG)

Sept. 14, 2020 PACER
63

NOTICE of Acknowledgment of Pro Hac Vice Order by DCCC, DSCC, Montana Democratic Party Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Khanna, Abha) (Entered: 09/14/2020)

Sept. 14, 2020 PACER
64

Letter from Clerk of Court, Tyler P. Gilman to PHV counsel, Angela Studemann regarding the CM/ECF registration requirements. Copy of letter and order emailed to counsel. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/14/2020)

Sept. 14, 2020 PACER

Remark: PHV counsel Angela Stuedemann is now a registered e-filer and will receive electronic notifications in this matter. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG)

Sept. 15, 2020 PACER

Remark

Sept. 15, 2020 PACER

Remark: PHV counsel Richard Coleson is now a registered e-filer and will receive electronic notifications in this matter. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG)

Sept. 15, 2020 PACER
65

NOTICE of Acknowledgment of Pro Hac Vice Order by Joe Lamm, Brent Nave, Fiona Nave, Jeff Wagner, Sylvia Wagner Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Milbank, Courtney) (Entered: 09/16/2020)

Sept. 16, 2020 PACER
66

NOTICE of Acknowledgment of Pro Hac Vice Order by Joe Lamm, Brent Nave, Fiona Nave, Jeff Wagner, Sylvia Wagner Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Bopp, James) (Entered: 09/16/2020)

Sept. 16, 2020 PACER
67

NOTICE of Acknowledgment of Pro Hac Vice Order by Joe Lamm, Brent Nave, Fiona Nave, Jeff Wagner, Sylvia Wagner Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Stuedemann, Angela) (Entered: 09/16/2020)

Sept. 16, 2020 PACER
68

NOTICE of Acknowledgment of Pro Hac Vice Order by Joe Lamm, Brent Nave, Fiona Nave, Jeff Wagner, Sylvia Wagner Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Coleson, Richard) (Entered: 09/16/2020)

Sept. 16, 2020 PACER
69

ORDERED: Plaintiffs motion for consolidation (Doc. 6) is GRANTED. IT IS FURTHER ORDERED that the hearing on the Plaintiffs respective motions for preliminary injunctive relief (Docs. 2; 8) is CONSOLIDATED with a trial on the merits. The parties shall be prepared at the September 22, 2020 hearing to present their case for and against the issuance of the permanent injunctive relief sought by Plaintiffs in both the lead (CV 2066HDLC) and member (CV2067HDLC) cases. IT IS FURTHER ORDERED that time for oral argument at the September 22, 2020 hearing (Doc. 35) shall be allocated as follows: (See order for complete details.) Signed by Judge Dana L. Christensen on 9/16/2020. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/16/2020)

Sept. 16, 2020 RECAP
70

Unopposed MOTION to Clarify Doc. 69 Emily E. Jones appearing for Plaintiffs Joe Lamm, Brent Nave, Fiona Nave, Jeff Wagner, Sylvia Wagner (Attachments: # 1 Text of Proposed Order Proposed Order) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Jones, Emily) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
71

Amicus Brief in Support of Defendants and Intervenor-Defendants' opposition to Plaintiffs' Motion for Preliminary Injunction filed by League of Women Voters of Montana. (Klanke, Patricia) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
72

MOTION for Judgment on the Pleadings and Motion to Dismiss Abha Khanna appearing for Intervenor Defendants DCCC, DSCC, Montana Democratic Party (Khanna, Abha). Added MOTION to Dismiss on 9/22/2020 (HEG). (Entered: 09/17/2020)

Sept. 17, 2020 RECAP
73

Brief/Memorandum in Support re 72 MOTION for Judgment on the Pleadings and Motion to Dismiss filed by DCCC, DSCC, Montana Democratic Party. (Khanna, Abha) Modified on 9/22/2020 to create link to both motions. (HEG). (Entered: 09/17/2020)

Sept. 17, 2020 PACER
74

MOTION for Preliminary Injunction Abha Khanna appearing for Intervenor Defendants DCCC, DSCC, Montana Democratic Party Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Khanna, Abha) (Entered: 09/17/2020)

Sept. 17, 2020 RECAP
75

AFFIDAVIT in Support re (74 in 6:20-cv-00066-DLC, 37 in 6:20-cv-00067-DLC) MOTION for Preliminary Injunction filed by DCCC, DSCC, Montana Democratic Party. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Khanna, Abha) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
76

Response to Motion re: (2 in 6:20-cv-00067-DLC) MOTION for Preliminary Injunction, (8 in 6:20-cv-00066-DLC) MOTION for Preliminary Injunction . Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Khanna, Abha) Modified on 9/18/2020 to correct docket text as incorrect event was selected. (HEG). (Entered: 09/17/2020)

Sept. 17, 2020 PACER
77

AFFIDAVIT/DECLARATION re (39 in 6:20-cv-00067-DLC, 76 in 6:20-cv-00066-DLC) Objection by DCCC, DSCC, Montana Democratic Party. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Khanna, Abha) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
78

ANSWER to (1 in 6:20-cv-00066-DLC) Complaint, by Stephen Bullock. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Graybill, Raphael) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
79

ANSWER to (38 in 6:20-cv-00066-DLC) Intervenor Complaint by Stephen Bullock. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Graybill, Raphael) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
80

MOTION File Overlength Brief Raphael Graybill appearing for Defendant Stephen Bullock (Attachments: # 1 Exhibit Proposed Order) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Graybill, Raphael) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
81

Response to Motion re (2 in 6:20-cv-00067-DLC) MOTION for Preliminary Injunction, (8 in 6:20-cv-00066-DLC) MOTION for Preliminary Injunction filed by Stephen Bullock. (Attachments: # 1 Affidavit Affadavit of Audrey McCue, # 2 Exhibit Exhibit to McCue Affadavit, # 3 Affidavit Affadavit Paula Jaconetty, # 4 Affidavit Affidavit Kathleen Mumme, # 5 Affidavit Affidavit Dr. Greg Holzman, # 6 Affidavit Affidavit Justin Sakalis, # 7 Affidavit Affadavit Raphael Graybill, # 8 Exhibit Exhibit A, # 9 Exhibit Exhibit B, # 10 Exhibit Exhibit C, # 11 Exhibit Exhibit D, # 12 Exhibit Exhibit E, # 13 Exhibit Exhibit F, # 14 Exhibit Exhibit G, # 15 Exhibit Exhibit H, # 16 Exhibit Exhibit I, # 17 Exhibit Exhibit J, # 18 Exhibit Exhibit K, # 19 Exhibit Exhibit L, # 20 Exhibit Exhibit M, # 21 Exhibit Exhibit N, # 22 Exhibit Exhibit O, # 23 Exhibit Exhibit P, # 24 Exhibit Exhibit Q, # 25 Exhibit Exhibit R) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Graybill, Raphael) Modified on 9/21/2020 to correct event text (HEG). (Entered: 09/17/2020)

Sept. 17, 2020 PACER
82

RESPONSE to Motion re (2 in 6:20-cv-00067-DLC) MOTION for Preliminary Injunction, (8 in 6:20-cv-00066-DLC) MOTION for Preliminary Injunction filed by Corey Stapleton. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (James, Austin) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
83

NOTICE of Filing Exhibits re: (71 in 6:20-cv-00066-DLC) Amicus Brief (Attachments: # 1 Affidavit Celina Stewart, # 2 Affidavit Nancy Leifer) Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (Klanke, Patricia) (Entered: 09/18/2020)

Sept. 18, 2020 PACER
84

ORDERED: The Court clarifies its prior Order (Doc. 69) by specifying that local counsel need only attend the September 22, 2020 hearing personally if they intend to participate in oral argument. If local counsel does not intend to participate in oral argument, then they shall be permitted to attend remotely by following the instructions contained in this Courts prior Order. (Doc. 69 at 5.) re (70 in 6:20-cv-00066-DLC, 36 in 6:20-cv-00067-DLC). Signed by Judge Dana L. Christensen on 9/18/2020. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/18/2020)

Sept. 18, 2020 RECAP
85

ORDERED: Defendant Stephen Bullocks Unopposed Motion for Overlength Brief is GRANTED re (80 in 6:20-cv-00066-DLC, 42 in 6:20-cv-00067-DLC). IT IS FURTHER ORDERED that Plaintiffs and Intervenor-Plaintiffs in the lead case (CV 20-66-H-DLC) shall have until on or before September 20, 2020 to file a response brief to Intervenor-Defendants Consolidated Motion for Judgment on the Pleadings and Motion to Dismiss (Doc. 72). No further briefing on this motion shall be permitted. Signed by Judge Dana L. Christensen on 9/18/2020. Associated Cases: 6:20-cv-00066-DLC, 6:20-cv-00067-DLC (HEG) (Entered: 09/18/2020)

Sept. 18, 2020 RECAP

State / Territory: Montana

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Sept. 2, 2020

Closing Date: Sept. 30, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Trump Campaign Republican Senatorial Campaign Committee Montana Republican Party

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor, State

Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Voting

Voting access

Voting:

Election administration