Case: Hawkins v. Ziriax

5:20-cv-00687 | U.S. District Court for the Western District of Oklahoma

Filed Date: July 15, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of 10/22/2020, Green Party nominee for President and registered voters in the State of Oklahoma brought an action against the Oklahoma State Election Board seeking: (i) a declaratory judgment that certain Oklahoma statutes (Okla. Stat. tit. 26 Sec. 5-112 and 10-101.1) (the "Oklahoma Election Statutes") are unconstitutional in…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 10/22/2020,

Green Party nominee for President and registered voters in the State of Oklahoma brought an action against the Oklahoma State Election Board seeking: (i) a declaratory judgment that certain Oklahoma statutes (Okla. Stat. tit. 26 Sec. 5-112 and 10-101.1) (the "Oklahoma Election Statutes") are unconstitutional in that they violate plaintiffs' First and Fourteenth Amendment rights and (ii) injunctive relief prohibiting enforcement of the Oklahoma Election Statutes. Specifically, plaintiffs alleged that the Oklahoma Election Statutes are unlawful, discriminatory, unequal, and capricious in the context of Presidential candidates who are nominees of political parties not recognized in the State of Oklahoma (e.g., the Green Party) and who are seeking inclusion on the general election ballot because the statutes: (a) require candidates of unrecognized parties to comply with a petition signature deadline far in advance of the deadlines for recognized political parties and require an onerous threshold number of signatories, which are exacerbated by Oklahoma’s ban on write-on voting and COVID and (b) provide an alternative means of appearing on the ballot by paying a filing fee of $35,000, which is far greater than the $2,000 filing fee required for non-presidential statewide federal offices.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17356279/parties/hawkins-v-ziriax/


Judge(s)

Friot, Stephen P. (Oklahoma)

Attorneys(s) for Plaintiff

Linger, James C. (Oklahoma)

Attorneys(s) for Defendant

McClure, Kevin Lynn (Oklahoma)

Schneider, Thomas R. (Oklahoma)

Judge(s)

Friot, Stephen P. (Oklahoma)

Attorneys(s) for Plaintiff

Linger, James C. (Oklahoma)

Attorneys(s) for Defendant

McClure, Kevin Lynn (Oklahoma)

Schneider, Thomas R. (Oklahoma)

Documents in the Clearinghouse

Document

5:20-cv-00687

Docket [PACER]

Oct. 1, 2020

Oct. 1, 2020

Docket
1

5:20-cv-00687

Complaint

July 15, 2020

July 15, 2020

Complaint
11

5:20-cv-00687

Joint Stipulation of Dismissal

Oct. 1, 2020

Oct. 1, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17356279/hawkins-v-ziriax/

Last updated Aug. 29, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Paul Ziriax filed by John Edward Kenny, Maigan Underwood, James M Branum, Kimberly Dawn Kenny, Howard Hawkins, Aaron James Wenger, Nicholas Hans Josef Frimberger, Harrison David Taylor. (Attachments: # 1 Civil Cover Sheet)(kmt) (Entered: 07/16/2020)

1 Civil Cover Sheet

View on PACER

July 15, 2020

July 15, 2020

RECAP
2

Receipt for Money Received from James M Branum, Nicholas Hans Josef Frimberger, Howard Hawkins, John Edward Kenny, Kimberly Dawn Kenny, Harrison David Taylor, Maigan Underwood, Aaron James Wenger in the amount of $400.00, receipt number OKW500081026 regarding 1 Complaint (kmt) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
3

Summons Issued Electronically as to Paul Ziriax. (kmt) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
4

ORDER REASSIGNING CASE. Case reassigned to Honorable Stephen P. Friot for all further proceedings. Honorable Timothy D. DeGiusti no longer assigned to case. Signed by Honorable Timothy D. DeGiusti on 7/24/2020. (mb) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
5

ORDER re 1 Complaint. Plfs' complaint includes a request for preliminary injunctive relief. Plfs are advised that no request for a preliminary injunction will be taken up by the court, and no hearing will be set, by virtue of the filing of the complaint alone. If plfs intend to press a request for preliminary injunctive relief, plfs are required to file a separate motion, along with a supporting brief, and to otherwise comply with Rule 65, Fed.R.Civ.P. If plfs seek a hearing on such a motion, that request shall also be set out in the motion. Upon review of any motion which may be filed, the court will establish procedures for hearing or otherwise determining the motion. Signed by Honorable Stephen P. Friot on 7/27/2020. (llg) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
6

ENTRY of Appearance by Thomas R Schneider on behalf of Paul Ziriax (Schneider, Thomas) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
7

WAIVER OF SERVICE Returned Executed by Defendant Paul Ziriax. Paul Ziriax waiver sent on 7/15/2020, answer due 9/14/2020. (Schneider, Thomas) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
8

ANSWER to Complaint by Paul Ziriax.(Schneider, Thomas) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
9

ENTRY of Appearance by Kevin L McClure on behalf of Paul Ziriax (McClure, Kevin) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
10

STATUS/SCHEDULING CONFERENCE DOCKET: Telephonic Scheduling Conference set for 10/7/2020 09:15 AM before Honorable Stephen P. Friot. Status Report due by 10/5/2020. (llg) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

RECAP
11

STIPULATION of Dismissal Joint Stipulation of Dismissal by All Plaintiffs. (Linger, James) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 15, 2020

Case Ongoing: Yes