Case: Gloria v. Hughs

5:20-cv-00527 | U.S. District Court for the Western District of Texas

Filed Date: April 29, 2020

Closed Date: Sept. 25, 2020

Clearinghouse coding complete

Case Summary

Texas law permitted voters over sixty-five years old to vote by mail in State elections. On April 29, 2020, six Texans between the ages of eighteen and twenty-eight years ("the plaintiffs") filed this lawsuit in the U.S. District Court for the Western District of Texas alleging that this Texas law violated their Twenty-Sixth Amendment rights under the U.S. Constitution. The plaintiffs, represented by private counsel, sued the Texas Secretary of State ("the defendant") and claimed that the absen…

Texas law permitted voters over sixty-five years old to vote by mail in State elections. On April 29, 2020, six Texans between the ages of eighteen and twenty-eight years ("the plaintiffs") filed this lawsuit in the U.S. District Court for the Western District of Texas alleging that this Texas law violated their Twenty-Sixth Amendment rights under the U.S. Constitution. The plaintiffs, represented by private counsel, sued the Texas Secretary of State ("the defendant") and claimed that the absentee ballot age restriction unconstitutionally abridged their right to vote on account of age. In their complaint, the plaintiffs requested injunctive relief preventing the defendant from rejecting absentee ballot applications based on age, as well as costs and attorneys' fees.

On June 3, 2020, the defendant filed a motion to dismiss, or in the alternative, strike, the complaint.

Chief Judge Orlando L. Garcia stayed this case on June 11, 2020, pending a decision on the merits by the Fifth Circuit Court of Appeals in a related case. In Texas Democratic Party v. Abbott (5:20-cv-00438), the plaintiffs alleged the same constitutional violation at issue in this case. That case eventually took the parties to the U.S. Supreme Court where, on June 26, 2020, the justices rejected the plaintiffs' request to allow all eligible voters to vote by mail during the COVID-19 pandemic. The Fifth Circuit subsequently held on September 10, 2020 that the Texas law did not facially violate the Twenty-Sixth Amendment to the U.S. Constitution.

Following these decisions, the plaintiffs filed for voluntary dismissal on September 23, 2020, and Chief Judge Garcia dismissed and closed this case on September 25, 2020. 

Summary Authors

Richa Bijlani (3/27/2022)

Related Cases

Texas Democratic Party v. DeBeauvoir, Texas state trial court (2020)

Texas Democratic Party v. Abbott, Western District of Texas (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17109575/parties/gloria-v-hughs-texas-secretary-of-state/


Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Command, Stephanie I. (District of Columbia)

Elias, Marc Erik (District of Columbia)

Geise, Elizabeth Runyan (District of Columbia)

Howton, Skyler (Texas)

Attorney for Defendant

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Documents in the Clearinghouse

Document

5:20-cv-00527

5:20-cv-00438

5:20-cv-00577

Docket [PACER]

Sept. 25, 2020

Sept. 25, 2020

Docket
1

5:20-cv-00527

Complaint for Injunctive and Declaratory Relief

April 29, 2020

April 29, 2020

Complaint
14

5:20-cv-00527

Order

June 10, 2020

June 10, 2020

Order/Opinion
20

5:20-cv-00527

Plaintiffs' Notice of Rule 41(a)(1)(A)(i) Voluntary Dismissal

Sept. 23, 2020

Sept. 23, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17109575/gloria-v-hughs-texas-secretary-of-state/

Last updated Jan. 29, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF ( Filing fee $ 400 receipt number 0542-13510617), filed by Jennifer Ramos, Jessie Gloria, Pat Grant, Nicolas Macri, Luis Botello-Faz, Isaiah Rodriguez. (Attachments: # 1 Civil Cover Sheet)(Howton, Skyler) (Entered: 04/29/2020)

1 Civil Cover Sheet

View on PACER

April 29, 2020

April 29, 2020

Clearinghouse

To be Referred to SA Mag Judge

April 29, 2020

April 29, 2020

PACER

Case Assigned/Reassigned

April 29, 2020

April 29, 2020

PACER
2

REQUEST FOR ISSUANCE OF SUMMONS by Luis Botello-Faz, Jessie Gloria, Pat Grant, Nicolas Macri, Jennifer Ramos, Isaiah Rodriguez. (Howton, Skyler) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

Case assigned to Chief Judge Orlando L. Garcia. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg)

April 29, 2020

April 29, 2020

PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (wg)

April 29, 2020

April 29, 2020

PACER
3

Summons Issued as to Ruth Hughs, Texas Secretary of State. (wg) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
4

Pro Hac Vice Letter to atty: Zachary J. Newkirk. (wg) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
5

Pro Hac Vice Letter to atty: Stephanie Command. (wg) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
6

Pro Hac Vice Letter to atty: John M. Giese. (wg) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
7

Pro Hac Vice Letter to atty: Marc C. Elias. (wg) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
8

MOTION to Appear Pro Hac Vice by Skyler M. Howton for MARC E. ELIAS - ( Filing fee $ 100 receipt number 0542-13528193) by on behalf of Luis Botello-Faz, Jessie Gloria, Pat Grant, Nicolas Macri, Jennifer Ramos, Isaiah Rodriguez. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
9

MOTION to Appear Pro Hac Vice by Skyler M. Howton for JOHN M. GEISE - ( Filing fee $ 100 receipt number 0542-13528238) by on behalf of Luis Botello-Faz, Jessie Gloria, Pat Grant, Nicolas Macri, Jennifer Ramos, Isaiah Rodriguez. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
10

MOTION to Appear Pro Hac Vice by Skyler M. Howton for STEPHANIE I. COMMAND - ( Filing fee $ 100 receipt number 0542-13528260) by on behalf of Luis Botello-Faz, Jessie Gloria, Pat Grant, Nicolas Macri, Jennifer Ramos, Isaiah Rodriguez. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
11

MOTION to Appear Pro Hac Vice by Skyler M. Howton for ZACHARY J. NEWKIRK - ( Filing fee $ 100 receipt number 0542-13528288) by on behalf of Luis Botello-Faz, Jessie Gloria, Pat Grant, Nicolas Macri, Jennifer Ramos, Isaiah Rodriguez. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

Order on Motion to Appear Pro Hac Vice

May 5, 2020

May 5, 2020

PACER

Text Order GRANTING 8 Motion to Appear Pro Hac Vice for MARC E. ELIAS. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

May 5, 2020

May 5, 2020

PACER

Text Order GRANTING 9 Motion to Appear Pro Hac Vice for JOHN M. GEISE. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

May 5, 2020

May 5, 2020

PACER

Text Order GRANTING 10 Motion to Appear Pro Hac Vice for STEPHANIE I. COMMAND. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

May 5, 2020

May 5, 2020

PACER

Text Order GRANTING 11 Motion to Appear Pro Hac Vice for ZACHARY J. NEWKIRK. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)

May 5, 2020

May 5, 2020

PACER
12

Acknowledgment of Service returned by Jennifer Ramos, Jessie Gloria, Pat Grant, Nicolas Macri, Luis Botello-Faz, Isaiah Rodriguez. Ruth Hughs, Texas Secretary of State served on 5/13/2020, answer due 6/12/2020. (Howton, Skyler) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER

Acknowledgment of Service

May 20, 2020

May 20, 2020

PACER
13

MOTION to Dismiss, or in the Alternative, Strike by Ruth Hughs, Texas Secretary of State. (Thompson, William) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
14

ORDER STAYING CASE, the Court stays this case pending a decision on the merits by the Fifth Circuit and the outcome of any appeal thereof. The deadline(s) for responding to any pending motions are suspended and will be reinstated when the stay is lifted. Signed by Chief Judge Orlando L. Garcia. (wg) (Entered: 06/11/2020)

June 10, 2020

June 10, 2020

Clearinghouse
15

Opposed MOTION for Reconsideration re 14 Order Staying Case, by Luis Botello-Faz, Jessie Gloria, Pat Grant, Nicolas Macri, Jennifer Ramos, Isaiah Rodriguez. (Attachments: # 1 Proposed Order)(Geise, John) (Entered: 06/15/2020)

1 Proposed Order

View on PACER

June 15, 2020

June 15, 2020

RECAP
16

APPENDIX to 15 Opposed MOTION for Reconsideration re 14 Order Staying Case, by Luis Botello-Faz, Jessie Gloria, Pat Grant, Nicolas Macri, Jennifer Ramos, Isaiah Rodriguez. (Attachments: # 1 Exhibit 1 - Declaration of Jessie Gloria, # 2 Exhibit 2 - Declaration of Nicholas Macri, # 3 Exhibit 3 - Declaration of Jennifer Ramos, # 4 Exhibit 4 - Declaration of Mark Segaloff, # 5 Exhibit 5 - Declaration of Brent Thompson)(Geise, John) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
17

Defendant's Response in Opposition to Motion, filed by Ruth Hughs, Texas Secretary of State, re 15 Opposed MOTION for Reconsideration re 14 Order Staying Case, filed by Plaintiff Nicolas Macri, Plaintiff Luis Botello-Faz, Plaintiff Isaiah Rodriguez, Plaintiff Jennifer Ramos, Plaintiff Jessie Gloria, Plaintiff Pat Grant (Attachments: # 1 Proposed Order)(Thompson, William) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
18

PLAINTIFF'S RESPONSE in Support, filed by Luis Botello-Faz, Jessie Gloria, Pat Grant, Nicolas Macri, Jennifer Ramos, Isaiah Rodriguez, re 15 Opposed MOTION for Reconsideration re 14 Order Staying Case, filed by Plaintiff Nicolas Macri, Plaintiff Luis Botello-Faz, Plaintiff Isaiah Rodriguez, Plaintiff Jennifer Ramos, Plaintiff Jessie Gloria, Plaintiff Pat Grant (Geise, John) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
19

APPENDIX IN SUPPORT to 18 Response in Support of Motion, by Luis Botello-Faz, Jessie Gloria, Pat Grant, Nicolas Macri, Jennifer Ramos, Isaiah Rodriguez. (Attachments: # 1 Exhibit 1 - TDP v. Abbott)(Geise, John) Modified on 6/25/2020 (wg). (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
20

NOTICE of Voluntary Dismissal by Luis Botello-Faz, Jessie Gloria, Pat Grant, Nicolas Macri, Jennifer Ramos, Isaiah Rodriguez (Attachments: # 1 Proposed Order)(Geise, John) (Entered: 09/23/2020)

1 Proposed Order

View on PACER

Sept. 23, 2020

Sept. 23, 2020

Clearinghouse
21

ORDER -Plaintiffs having filed their Notice of Rule 41(a)(1)(A)(i) Voluntary Dismissal, their claims against Defendant Texas Secretary of State Hughs are DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Orlando L. Garcia. (mgr) (Entered: 09/28/2020)

Sept. 25, 2020

Sept. 25, 2020

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: April 29, 2020

Closing Date: Sept. 25, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Six Texans between the ages of eighteen and twenty-eight years.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voting: General & Misc.

Voter registration rules

Discrimination-basis:

Age discrimination