Case: Common Cause Rhode Island v. Gorbea

1:20-cv-00318 | U.S. District Court for the District of Rhode Island

Filed Date: July 23, 2020

Closed Date: Aug. 24, 2021

Clearinghouse coding complete

Case Summary

Rhode Island state law required mail voters to have either two lay witnesses or one notary sign their mail-in ballot envelopes. On July 23, 2020, the League of Women Voters, Common Cause Rhode Island, and three Rhode Island residents concerned about their heightened risk of contracting COVID-19 ("the plaintiffs") filed this lawsuit in the U.S. District Court for the District of Rhode Island challenging this state law as applied to 2020 elections in Rhode Island. The plaintiffs, represented by c…

Rhode Island state law required mail voters to have either two lay witnesses or one notary sign their mail-in ballot envelopes. On July 23, 2020, the League of Women Voters, Common Cause Rhode Island, and three Rhode Island residents concerned about their heightened risk of contracting COVID-19 ("the plaintiffs") filed this lawsuit in the U.S. District Court for the District of Rhode Island challenging this state law as applied to 2020 elections in Rhode Island.

The plaintiffs, represented by counsel from the ACLU and the Campaign Legal Center, asked the court for declaratory and injunctive relief, alleging that the Secretary of State of Rhode Island and members of the Rhode Island Board of Elections ("the defendants") violated the First and Fourteenth Amendments to the U.S. Constitution and Section II of the Americans with Disabilities Act (ADA).

Specifically, the plaintiffs alleged that Rhode Island's ballot witnessing requirements placed an undue burden on the right to vote and discriminated against individuals with significant medical vulnerabilities that placed them or members of their households at heightened risk of severe illness or death from COVID-19. As such, the plaintiffs requested declaratory relief under the Declaratory Judgment Act as well as injunctive relief and attorneys' fees.

On July 26, 2020, the Republican National Committee and the Rhode Island Republican Party ("the tentative interveners") filed an emergency motion to intervene in the case.

One day later, on July 27, 2020, the parties jointly filed a motion for entry of a consent decree. The decree suspended enforcement of Rhode Island's ballot witnessing requirements for the remaining 2020 elections, subject to very limited exceptions. Judge Mary S. McElroy approved the consent decree on July 28, 2020. That same day, Judge McElroy denied the tentative interveners's motion to intervene. Judge McElroy then also denied the tentative interveners' subsequent motion to stay pending appeal on July 28, 2020. 2020 WL 4365608. In response, the tentative interveners filed an appeal in the U.S. Court of Appeals for the First Circuit (Case Number 20-1753).

The First Circuit Court of Appeals issued an opinion on August 7, 2020, reversing the denial of the motion to intervene for the purposes of appeal and denying the tentative interveners' motion to stay the judgment and decree. 970 F.3d 11. The Court of Appeals denied the motion to stay in part because the Rhode Island voiced no concern at all that the decree would create any problems for the state or its voters. Additionally, the state had just successfully conducted a large-scale election without any attestation requirement. Finally, the Court of Appeals considered the possibility of collusive litigation because the defendants agreed to the judgment just days after the plaintiffs filed suit. However, the court concluded that the defendants were not obligated to enforce state voting laws that violated the U.S. Constitution.

On August 24, 2021, the plaintiffs filed a status report informing the district court of the current status of the case. In the report, the plaintiffs advised that the U.S. Supreme Court denied the tentative interveners' application for stay on August 13, 2020. 141 S. Ct. 206. The parties then accordingly moved in the First Circuit Court of Appeals to voluntarily dismiss the appeal and the district court dismissed the case on August 17, 2020. Since this matter related only to Rhode Island's elections in 2020, this case is now closed.

Summary Authors

Richa Bijlani (3/27/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17375210/parties/common-cause-rhode-island-v-gorbea/


Judge(s)

Almond, Lincoln D. (Rhode Island)

Breyer, Stephen Gerald (District of Columbia)

Kayatta, William Joseph Jr. (Maine)

McElroy, Mary Susan None (Rhode Island)

Thompson, Ojetta Rogeriee (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Bell, Christopher (District of Columbia)

Diaz, Jonathan (District of Columbia)

Ebenstein, Julie A (New York)

Ho, Dale E. (New York)

Judge(s)

Almond, Lincoln D. (Rhode Island)

Breyer, Stephen Gerald (District of Columbia)

Kayatta, William Joseph Jr. (Maine)

McElroy, Mary Susan None (Rhode Island)

Thompson, Ojetta Rogeriee (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Bell, Christopher (District of Columbia)

Diaz, Jonathan (District of Columbia)

Ebenstein, Julie A (New York)

Ho, Dale E. (New York)

Keats, Michael C (New York)

Labinger, Lynette J (Rhode Island)

Lang, Danielle (District of Columbia)

Leeper, Simone T (District of Columbia)

Attorneys(s) for Defendant

Larisa, Joseph S. Jr. (Rhode Island)

Marcaccio, Raymond A. (Rhode Island)

McCarthy, Thomas R. (Virginia)

Norris, Cameron T. (Virginia)

Strawbridge, Patrick N (Virginia)

Taveras, Angel (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 19, 2021 Docket
1

Complaint for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Judgment

July 23, 2020 Complaint
25

Memorandum and Order

2020 WL 4365608

July 30, 2020 Order/Opinion
26

Consent Judgment and Decree

2020 WL 4460914

July 30, 2020 Order/Opinion
30

Corrected Emergency Notice of Appeal and [Protective] Notice of Appeal

July 30, 2020 Pleading / Motion / Brief

Emergency Motion for Stay Pending Appeal

U. S. Court of Appeals for the First Circuit

July 31, 2020 Pleading / Motion / Brief

[Opinion]

U. S. Court of Appeals for the First Circuit

970 F.3d 11

Aug. 7, 2020 Order/Opinion

Emergency Application for Stay

Republican National Committee v. Common Cause Rhode Island

Supreme Court of the United States

Aug. 10, 2020 Pleading / Motion / Brief

Opinion of the Court

Republican National Committee v. Common Cause Rhode Island

Supreme Court of the United States

141 S.Ct. 206

Aug. 13, 2020 Order/Opinion
41

Plaintiffs' Status Report

Aug. 24, 2021 Pleading / Motion / Brief

Resources

Title Description External URL

Common Cause R.I. v. Gorbea

Healthy Elections Project

Plaintiffs Common Cause Rhode Island (CC-RI), League of Women Voters of Rhode Island, and three Rhode Island registered voters sued Rhode Island Secretary of State and members of the Rohde Island Boa… Nov. 19, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=177

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17375210/common-cause-rhode-island-v-gorbea/

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

ECF Number Description Date Link
1

COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1532635 ), filed by Miranda Oakley, League of Women Voters of Rhode Island, Common Cause Rhode Island, Barbara Monahan, Mary Baker. (Attachments: # 1 Civil Cover Sheet)(Labinger, Lynette) (Entered: 07/23/2020)

1 Civil Cover Sheet

View on PACER

July 23, 2020 Clearinghouse

CASE CONDITIONALLY ASSIGNED to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. Related Case Number CV20-262-MSM-LDA based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Potter, Carrie)

July 23, 2020 PACER
2

CASE OPENING NOTICE ISSUED (Potter, Carrie) (Entered: 07/23/2020)

July 23, 2020 PACER
3

MOTION for Michael C. Keats to Appear Pro Hac Vice for all Plaintiffs ( filing fee paid $ 100.00, receipt number 0103-1532672 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 07/23/2020)

July 23, 2020 PACER
4

MOTION for Christopher H. Bell to Appear Pro Hac Vice for all Plaintiffs ( filing fee paid $ 100.00, receipt number 0103-1532680 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 07/23/2020)

July 23, 2020 PACER

TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of Michael C. Keats; granting 4 Motion to Appear Pro Hac Vice of Christopher H Bell. So Ordered by District Judge Mary S. McElroy on 7/23/2020. (Potter, Carrie)

July 23, 2020 PACER
5

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction ( Responses due by 8/6/2020.) filed by All Plaintiffs. (Attachments: # 1 Supporting Memorandum, # 2 Affidavit A. Dr.Reingold Declaration, # 3 Affidavit B. Dr.Fine Declaration, # 4 Affidavit C. Oakley Declaration, # 5 Affidavit D. Monahan Declaration, # 6 Affidavit E. Baker Declaration, # 7 Affidavit F. Koster/LWVRI Declaration, # 8 Affidavit G. Marion/CC-RI Declaration, # 9 Exhibit H. 2018 Census Data)(Labinger, Lynette) (Entered: 07/23/2020)

1

View on RECAP

4

View on RECAP

July 23, 2020 RECAP

NOTICE of Remote Hearing: Chambers Conference set for Friday, 7/24/2020 at 10:00 AM via Zoom before District Judge Mary S. McElroy. The Court will send Zoom access information to counsel by email. (Urizandi, Nisshy)

July 23, 2020 PACER
6

NOTICE of Appearance by Angel Taveras on behalf of Nellie M. Gorbea (Taveras, Angel) (Entered: 07/23/2020)

July 23, 2020 PACER
7

MOTION for Julie A. Ebenstein to Appear Pro Hac Vice for all Plaintiffs ( filing fee paid $ 100.00, receipt number 0103-1532830 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 07/23/2020)

July 23, 2020 PACER
8

MOTION for Jonathan Diaz to Appear Pro Hac Vice for all Plaintiffs ( filing fee paid $ 100.00, receipt number 0103-1532837 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 07/23/2020)

July 23, 2020 PACER
9

MOTION for Danielle Lang to Appear Pro Hac Vice for all Plaintiffs ( filing fee paid $ 100.00, receipt number 0103-1532849 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 07/23/2020)

July 23, 2020 PACER

TEXT ORDER granting 7 Motion to Appear Pro Hac Vice of Julie A Ebenstein, ; granting 8 Motion to Appear Pro Hac Vice of Jonathan Diaz; granting 9 Motion to Appear Pro Hac Vice of Danielle Lang. So Ordered by District Judge Mary S. McElroy on 7/23/2020. (Potter, Carrie)

July 23, 2020 PACER

Case Conditionally Assigned

July 23, 2020 PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

July 23, 2020 PACER

Notice of Hearing (Form Attached)

July 23, 2020 PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

July 23, 2020 PACER

Minute Entry for proceedings held before District Judge Mary S. McElroy: Chambers Conference held via Zoom on 7/24/2020. Lynette Labinger and Michael Keats for the plaintiffs and Angel Tavares and Ray Marcaccio for the defendants participated. (Urizandi, Nisshy)

July 24, 2020 PACER

NOTICE of Remote Hearing on Motion 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction: Motion Hearing set for Monday, 7/27/2020 at 3:00 PM via Zoom before District Judge Mary S. McElroy. The Court will send out Zoom access information to counsel by email. (Urizandi, Nisshy)

July 24, 2020 PACER

In Chambers Conference

July 24, 2020 PACER

Notice of Hearing on Motion

July 24, 2020 PACER
10

EMERGENCY MOTION to Intervene as Defendants filed by Republican National Committee, Rhode Island Republican Party. Responses due by 8/10/2020. (Attachments: # 1 Exhibit Board of Elections Emergency Meeting Agenda)(Bell, Brandon) Modified on 7/27/2020 to reflect that this is an emergency motions and not an amended motion. (Urizandi, Nisshy) (Entered: 07/26/2020)

July 26, 2020 PACER
11

MEMORANDUM IN SUPPORT by Republican National Committee, Rhode Island Republican Party in support of 10 Amended MOTION to Intervene as Defendants Emergency Motion to Intervene. (Bell, Brandon) (Entered: 07/26/2020)

July 26, 2020 PACER
12

Emergency MOTION for Hearing Protective Motion for Fairness Hearing filed by Republican National Committee, Rhode Island Republican Party. Responses due by 8/10/2020. (Attachments: # 1 Exhibit Board of Elections Emergency Meeting Agenda)(Bell, Brandon) (Entered: 07/27/2020)

July 27, 2020 PACER
13

NOTICE of Appearance by Brandon S. Bell on behalf of Republican National Committee, Rhode Island Republican Party (Bell, Brandon) (Entered: 07/27/2020)

July 27, 2020 PACER
14

MOTION for Thomas R. McCarthy to Appear Pro Hac Vice for Defendants ( filing fee paid $ 100.00, receipt number 0103-1533367 ) filed by Republican National Committee, Rhode Island Republican Party. (Bell, Brandon) (Entered: 07/27/2020)

July 27, 2020 PACER
15

MOTION for Patrick Strawbridge to Appear Pro Hac Vice for Defendants ( filing fee paid $ 100.00, receipt number 0103-1533368 ) filed by Republican National Committee, Rhode Island Republican Party. (Bell, Brandon) (Entered: 07/27/2020)

July 27, 2020 PACER
16

MOTION for Cameron T. Norris to Appear Pro Hac Vice for Defendants ( filing fee paid $ 100.00, receipt number 0103-1533369 ) filed by Republican National Committee, Rhode Island Republican Party. (Bell, Brandon) (Entered: 07/27/2020)

July 27, 2020 PACER

TEXT ORDER granting 14 Motion to Appear Pro Hac Vice for Thomas McCarthy filed by Brandon S. Bell. - So Ordered by District Judge Mary S. McElroy on 7/27/2020. (McGuire, Vickie)

July 27, 2020 PACER

TEXT ORDER granting 15 Motion to Appear Pro Hac Vice for Patrick Strawbridge filed by of Brandon S. Bell. - So Ordered by District Judge Mary S. McElroy on 7/27/2020. (McGuire, Vickie)

July 27, 2020 PACER

TEXT ORDER granting 16 Motion to Appear Pro Hac Vice for Cameron T. Norris filed by Brandon S. Bell. - So Ordered by District Judge Mary S. McElroy on 7/27/2020. (McGuire, Vickie)

July 27, 2020 PACER
17

NOTICE of Appearance by Joseph S. Larisa, Jr. on behalf of Republican National Committee, Rhode Island Republican Party (Larisa, Joseph) (Entered: 07/27/2020)

July 27, 2020 PACER
18

Joint MOTION to Approve Consent Judgment presented by all parties filed by All Plaintiffs. Responses due by 8/10/2020. (Attachments: # 1 Exhibit Consent Judgment and Decree)(Labinger, Lynette) (Entered: 07/27/2020)

July 27, 2020 RECAP

Minute Entry for proceedings held before District Judge Mary S. McElroy: Motion Hearing held on 7/27/2020 re 5 MOTION for Temporary Restraining Order: B. Bell, D. Lang, J. Diaz, J. Ebenstein, M. Keats, L. Labinger (Plaintiffs), R. Marcaccio (Board), A. Tavaras (Gorbea), B. Bell, T. McCarthy, J. Larissa (Intervenors). Arguments heard. If potential interveners wish to file Rule 24 documents, they must do so by 7:00 p.m. on 7/27/2020. Responses to the Rule 24 documents due by 12:00 p.m. on 7/28/2020. Fairness hearing to be held on 7/28/2020 at 3:00 p.m. Recess. (Court Reporter L. Schwam via Video Hearing at 3:00 p.m..) (Potter, Carrie)

July 27, 2020 PACER

NOTICE of Hearing on Motion 12 Emergency MOTION for Hearing Protective Motion for Fairness Hearing : Motion Hearing set for 7/28/2020 at 03:00 PM in Remote Hearing before District Judge Mary S. McElroy. The Court will send out Zoom access information to counsel by email. (Potter, Carrie)

July 27, 2020 PACER
19

MOTION for Dale E. Ho to Appear Pro Hac Vice for all Plaintiffs ( filing fee paid $ 100.00, receipt number 0103-1533746 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 07/27/2020)

July 27, 2020 PACER
20

Proposed ANSWER to Complaint by Republican National Committee, Rhode Island Republican Party.(McCarthy, Thomas) (Entered: 07/27/2020)

July 27, 2020 PACER

Order on Motion to Appear Pro Hac Vice

July 27, 2020 PACER

Motion Hearing

July 27, 2020 PACER

Notice of Hearing on Motion

July 27, 2020 PACER
21

RESPONSE In Opposition to 18 Joint MOTION to Approve Consent Judgment presented by all parties filed by Republican National Committee, Rhode Island Republican Party. Replies due by 8/4/2020. (Attachments: # 1 Exhibit District of Minnesota Decision)(McCarthy, Thomas) (Entered: 07/28/2020)

July 28, 2020 PACER
22

RESPONSE In Opposition to 10 Amended MOTION to Intervene as Defendants filed by Nellie M. Gorbea. Replies due by 8/4/2020. (Taveras, Angel) (Entered: 07/28/2020)

July 28, 2020 PACER
23

AFFIDAVIT re 22 Response to Motion by Nellie M. Gorbea. (Taveras, Angel) (Entered: 07/28/2020)

July 28, 2020 PACER

TEXT ORDER granting 19 Motion to Appear Pro Hac Vice of Dale E. Ho. So Ordered by District Judge Mary S. McElroy on 7/28/2020. (Potter, Carrie)

July 28, 2020 PACER
24

RESPONSE In Opposition to 10 Amended MOTION to Intervene as Defendants filed by All Plaintiffs. Replies due by 8/4/2020. (Labinger, Lynette) (Entered: 07/28/2020)

July 28, 2020 PACER

Minute Entry for proceedings held before District Judge Mary S. McElroy: Fairness Hearing held on 7/28/2020 re 10 MOTION to Intervene, 12 Emergency MOTION for Hearing 18 Joint MOTION to Approve Consent Judgment: B. Bell, D. Lang, J. Diaz, J. Ebenstein, M. Keats, L. Labinger (Plaintiffs), R. Marcaccio (Board), A. Tavaras (Gorbea), M. Field (State of RI), B. Bell, T. McCarthy, J. Larissa, C. Norris (Intervenors). Court questions; arguments heard. For reasons states on the record, Court grants MOTION to Approve Consent Judgment; denies MOTION to Intervene as Defendants. Interveners Oral Motion to Stay pending Appeal. Motion to Stay denied. Order to issue. Recess. (Court Reporter D. Veitch via Video Hearing at 3:00 p.m..) (Potter, Carrie)

July 28, 2020 PACER

Oral MOTION to Stay pending Appeal filed by Republican National Committee, Rhode Island Republican Party. Responses due by 8/11/2020. (Potter, Carrie)

July 28, 2020 PACER

Order ORDER: For reasons stated on the record, Court denies Motion to Stay pending Appeal.. So Ordered by District Judge Mary S. McElroy on 7/28/2020. (Potter, Carrie)

July 28, 2020 PACER

Order on Motion to Appear Pro Hac Vice

July 28, 2020 PACER

Motion Hearing AND Fairness Hearing

July 28, 2020 PACER

Stay

July 28, 2020 PACER

Order on Motion to Stay

July 28, 2020 PACER

AMENDED TEXT ORDER denying 10 Motion to Intervene - So Ordered by District Judge Mary S. McElroy on 7/28/2020. (Urizandi, Nisshy) Modified on 7/30/2020 to reflect that motion was denied on the record on July 28, 2020 (Urizandi, Nisshy).

July 30, 2020 PACER
25

AMENDED MEMORANDUM relative to approval of Consent Judgment - So Ordered by District Judge Mary S. McElroy on 7/28/2020. (Urizandi, Nisshy) (Main Document 25 replaced on 7/30/2020) (Urizandi, Nisshy). Modified on 7/30/2020 to reflect the correct date of the order(Urizandi, Nisshy). (Entered: 07/30/2020)

July 30, 2020 Clearinghouse

AMENDED TEXT ORDER granting 12 Emergency MOTION for Hearing Protective Motion for Fairness Hearing filed by Rhode Island Republican Party, Republican National Committee. A Fairness Hearing was held on 7/28/2020 via Zoom before Judge Mary S. McElroy. The 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Miranda Oakley, Mary Baker, Barbara Monahan, League of Women Voters of Rhode Island, Common Cause Rhode Island is denied as moot - So Ordered by District Judge Mary S. McElroy on 7/30/2020. (Urizandi, Nisshy) Modified on 7/30/2020 to reflect the correct date of the Fairness Hearing (Urizandi, Nisshy).

July 30, 2020 PACER
26

AMENDED CONSENT JUDGMENT AND DECREE - So Ordered by District Judge Mary S. McElroy on 7/28/2020. (Urizandi, Nisshy) Modified on 7/30/2020 to reflect the correct date of the ruling (Urizandi, Nisshy). (Main Document 26 replaced on 7/30/2020) (Urizandi, Nisshy). (Entered: 07/30/2020)

July 30, 2020 Clearinghouse
27

Corporate Disclosure Statement by Common Cause Rhode Island, League of Women Voters of Rhode Island identifying Corporate Parent League of Women Voters of United States for League of Women Voters of Rhode Island; Corporate Parent Common Cause for Common Cause Rhode Island.. (Labinger, Lynette) (Entered: 07/30/2020)

July 30, 2020 RECAP
28

NOTICE OF APPEAL by Republican National Committee, Rhode Island Republican Party as to 25 Order on Motion to Approve Consent Judgment, Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Hearing, 26 Consent Decree, Order on Motion to Intervene ( filing fee paid $ 505.00, receipt number 0103-1534853 ) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 8/6/2020. (McCarthy, Thomas) (Entered: 07/30/2020)

July 30, 2020 RECAP
29

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). Documents Sent: Amended Text Order of 7/30/20, 25, 26, and 28. (Attachments: # 1 Record on Appeal)(Simoncelli, Michael) (Entered: 07/30/2020)

1 Record on Appeal

View on RECAP

July 30, 2020 RECAP
30

NOTICE OF APPEAL by Republican National Committee, Rhode Island Republican Party as to 25 Order on Motion to Approve Consent Judgment,, Order on Motion for TRO,, Order on Motion for Preliminary Injunction,, Order on Motion for Hearing, 26 Consent Decree, Order on Motion to Intervene ( filing fee paid $ 505.00, receipt number 0103-1534942 ) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 8/6/2020. (McCarthy, Thomas) (Entered: 07/30/2020)

July 30, 2020 Clearinghouse

Order on Motion to Intervene

July 30, 2020 PACER

Order

July 30, 2020 PACER

USCA Case Number 20-1753 for 28 Notice of Appeal filed by Rhode Island Republican Party, Republican National Committee. (Potter, Carrie)

July 31, 2020 PACER
31

Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First Circuit. 28 Notice of Appeal. Unrestricted Documents Sent: 30. (Attachments: # 1 Record on Appeal)(Simoncelli, Michael) (Entered: 07/31/2020)

July 31, 2020 PACER
33

TRANSCRIPT ORDER for proceedings held on July 28, 2020 before Judge Mary S. McElroy. Expedited Transcript selected. Transcript to be delivered within 7 calendar days.. (Keats, Michael) (Entered: 07/31/2020)

July 31, 2020 RECAP
34

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 33 Transcript Order. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer) (Entered: 07/31/2020)

July 31, 2020 RECAP

USCA Case Number

July 31, 2020 PACER
35

NOTICE of Appearance by Raymond A. Marcaccio on behalf of Louis A. DeSimone Jr., Jennifer L. Johnson, Diane C. Mederos, Richard H. Pierce, Isadore S. Ramos, David H. Sholes, William E. West (Marcaccio, Raymond) (Entered: 08/03/2020)

Aug. 3, 2020 RECAP
36

ORDER of the U.S. Court of Appeals for the First Circuit entered as to 28 Notice of Appeal filed by Rhode Island Republican Party, Republican National Committee: This cause came on to be heard on appeal from the United States District Court for the District of Rhode Island and was argued by counsel. The district court's order denying intervention is reversed in part, only for purposes of appeal, and the motion for stay pending appeal is denied. (Potter, Carrie) (Entered: 08/10/2020)

Aug. 10, 2020 RECAP
37

OPINION of the U.S. Court of Appeals for the First Circuit entered as to 28 Notice of Appeal filed by Rhode Island Republican Party, Republican National Committee :..." We have paid attention, too, to the possibility thatthis litigation is collusive, with defendants having agreed to judgment just days after the suit was filed. A state official unhappy with the lawful decisions of the state legislature should not be able to round up an agreeable plaintiff who then uses collusive litigation to "force" the state to do what the official wants. Here, though, all other representatives of Rhode Island's government have gone silent, voicing no objection at all to theconsent judgment and decree. Furthermore, if state officialsfairly conclude, as credibly happened here, that enforcement of alaw is unconstitutional in certain circumstances, one can hardlyfault them for so acknowledging. Indeed, the Secretary of Stateand Board of Elections are obligated to enforce Rhode Island's voting laws, provided those laws are not deemed unconstitutional. R.I. const. art. III, § 3; R.I. const. art. IV, § 12. 17 R.I. Gen. Laws §§ 17-7-4, 17-7-5. Notice, too, was given to the attorney general, who by law is obligated to act as legal advisor for all state agencies and officers acting in their official capacity and to defend them against suit, R.I. Gen. Laws § 42-9-6, and whoadvised the defendants, herein, throughout the proceedings below. And it would be odd indeed to say that a plaintiff cannot get relief from an unconstitutional law merely because the state official charged with enforcing the law agrees that its application is unconstitutional. Finally, there is no claim that the details of the consent decree were not negotiated at arm's length. All in all, we see no collusion, and counsel for the Republicans expressly so agreed at argument. Finally, as to the Republicans' status as intervenors in this case, the district court's order denying intervention isreversed in part, only for purposes of appeal, and the motion for stay pending appeal is denied. (Potter, Carrie) (Entered: 08/10/2020)

Aug. 10, 2020 RECAP
38

TRANSCRIPT of Fairness Hearing, held on July 28, 2020, before Judge Mary S. McElroy. Court Reporter Denise P. Veitch, Telephone number 401-752-7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 9/1/2020. Redacted Transcript Deadline set for 9/11/2020. Release of Transcript Restriction set for 11/9/2020. (Veitch, Denise) (Entered: 08/11/2020)

Aug. 11, 2020 PACER
39

NOTICE by Nellie M. Gorbea Angel Taveras - Firm change (Taveras, Angel) (Entered: 01/19/2021)

Jan. 19, 2021 PACER
40

Order Directing Filing of a Status Report. Status Report due by 9/3/2021. So Ordered by District Judge Mary S. McElroy on 8/3/2021. (Potter, Carrie) (Entered: 08/03/2021)

Aug. 3, 2021 PACER
41

STATUS REPORT in response to ECF 40 by All Plaintiffs. (Attachments: # 1 Exhibit A. Order, # 2 Exhibit B. Joint Motion to Dismiss Appeal, # 3 Exhibit C. Judgment of First Circuit Court of Appeals)(Labinger, Lynette) (Entered: 08/24/2021)

Aug. 24, 2021 RECAP
41

STATUS REPORT in response to ECF 40 by All Plaintiffs. (Attachments: # 1 Exhibit A. Order, # 2 Exhibit B. Joint Motion to Dismiss Appeal, # 3 Exhibit C. Judgment of First Circuit Court of Appeals)(Labinger, Lynette) (Entered: 08/24/2021)

Aug. 24, 2021 RECAP

State / Territory: Rhode Island

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 23, 2020

Closing Date: Aug. 24, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The League of Women Voters, Common Cause Rhode Island, and three Rhode Island residents concerned about their heightened risk of contracting COVID-19

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, State

Members of the Board of Elections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reasonable Accommodation

Issues

General:

Access to public accommodations - governmental

Voting

Voting access

COVID-19:

Population-Medically vulnerable

Voting:

Challenges to at-large/multimember district/election

Election administration

Voter qualifications