Case: Texas Alliance of Retired Americans v. Hughes

5:20-cv-00128 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 12, 2020

Closed Date: May 13, 2022

Clearinghouse coding complete

Case Summary

This is a case about HB25, a law ending straight ticket voting in Texas that was implemented during the COVID-19 pandemic. On August 12, 2020 the Texas Alliance of Retired Americans, the national senatorial committee of the Democratic Party, the national congressional committee of the Democratic Party, and an individual filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiffs sued the Secretary of State of Texas under the First, Fourteenth, and Fifteenth …

This is a case about HB25, a law ending straight ticket voting in Texas that was implemented during the COVID-19 pandemic. On August 12, 2020 the Texas Alliance of Retired Americans, the national senatorial committee of the Democratic Party, the national congressional committee of the Democratic Party, and an individual filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiffs sued the Secretary of State of Texas under the First, Fourteenth, and Fifteenth Amendments and Section 2 of the Voting Rights Act. Represented by private counsel, the plaintiffs sought declaratory relief, to enjoin defendants from implementing HB25, and attorneys’ fees.  The plaintiffs simultaneously filed a motion for a preliminary injunction. The case was assigned to Judge Marina Garcia Marmolejo.  

On August 31, 2020, the Secretary of State filed a motion to dismiss the action.  On September 25, 2020, the District Court denied the Secretary’s motion to dismiss, in part, holding that the court had subject matter jurisdiction because plaintiffs’ claims were impending, the organizational plaintiffs had associational standing on behalf of their members, and the Secretary was the proper defendant because the alleged injuries were fairly traceable to and could be redressed by the Secretary and because the Ex Parte Young exception to sovereign immunity applied. The court also found that the venue was proper because the Southern District held a significant number of Texas voters.  The District Court granted the motion to dismiss in part, however, dismissing plaintiffs’ viewpoint discrimination claim because the allegations did not show that HB 25 burdened the rights to free expression or association as Democrats under the traditional First Amendment framework. In the same ruling, the District Court granted plaintiffs’ motion for a preliminary injunction, enjoining the Secretary of State from taking any action implementing or enforcing HB 25 because the burden on voters outweighed the state’s asserted justifications.  489 F.Supp.3d 667.

On September 26, 2020, the Secretary of State appealed the District Court’s preliminary injunction order and sought a stay of that order. On September 30, 2020, the U.S. Court of Appeals for the Fifth Circuit granted the stay preliminary injunction, citing U.S. Supreme Court precedent holding that the courts should not alter election rules on the eve of an election. 976 F.3d 564.  On March 16, 2022, the Fifth Circuit reversed the judgment of the District Court, vacated the preliminary injunction, and remanded for further proceedings; the Fifth Circuit held that because the Secretary of State did not enforce the law that ended straight ticket voting, the Secretary was not a proper defendant under Ex Parte Young and the plaintiffs’ claims were barred by sovereign immunity. 28 F.4th 669. 

On May 13, 2022, in light of the Fifth Circuit’s decision, the District Court dismissed plaintiffs’ claims without prejudice and closed the case.

Summary Authors

Michelle Landry (7/6/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17439510/parties/texas-alliance-for-retired-americans-v-scott/


Judge(s)

Clement, Edith Brown (Louisiana)

Elrod, Jennifer Walker (Texas)

Garcia Marmolejo, Marina (Texas)

Haynes, Catharina (Texas)

Attorneys(s) for Plaintiff

Brailey, Emily R. (District of Columbia)

Command, Stephanie I. (District of Columbia)

Elias, Marc Erik (District of Columbia)

Howton, Skyler (Texas)

Madduri, Lalitha D. (District of Columbia)

Osher, Daniel C. (District of Columbia)

Judge(s)

Clement, Edith Brown (Louisiana)

Elrod, Jennifer Walker (Texas)

Garcia Marmolejo, Marina (Texas)

Haynes, Catharina (Texas)

Attorneys(s) for Plaintiff

Brailey, Emily R. (District of Columbia)

Command, Stephanie I. (District of Columbia)

Elias, Marc Erik (District of Columbia)

Howton, Skyler (Texas)

Madduri, Lalitha D. (District of Columbia)

Osher, Daniel C. (District of Columbia)

Spiva, Bruce V. (District of Columbia)

Attorneys(s) for Defendant

Disher, Todd Lawrence (Texas)

Thompson, William Thomas (Texas)

Documents in the Clearinghouse

Document

5:20-cv-00128

Docket [PACER]

Texas Alliance for Retired Americans v. Hughs

Nov. 3, 2020

Nov. 3, 2020

Docket
1

5:20-cv-00128

Complaint for Injunctive and Declaratory Relief

Texas Alliance for Retired Americans v. Hughs

Aug. 12, 2020

Aug. 12, 2020

Complaint
43

5:20-cv-00128

Memorandum and Order

Sept. 25, 2020

Sept. 25, 2020

Order/Opinion
00515581694

0:20-40643

Order

Texas Alliance for Retired Americans v. Hughs

U. S. Court of Appeals for the Fifth Circuit

Sept. 28, 2020

Sept. 28, 2020

Order/Opinion
00515585166

0:20-40643

[USCA Opinion]

U. S. Court of Appeals for the Fifth Circuit

Sept. 30, 2020

Sept. 30, 2020

Order/Opinion
00515585161

0:20-40643

Opinion

U. S. Court of Appeals for the Fifth Circuit

Sept. 30, 2020

Sept. 30, 2020

Order/Opinion
61

5:20-cv-00128

0:20-40643

USCA Order

Texas Alliance for Retired Americans v. Scott

U. S. Court of Appeals for the Fifth Circuit

March 16, 2022

March 16, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17439510/texas-alliance-for-retired-americans-v-scott/

Last updated Aug. 21, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Ruth Hughs (Filing fee $ 400 receipt number 0541-25054762) filed by DCCC, Sylvia Bruni, DSCC, Texas Alliance for Retired Americans. (Attachments: # 1 Exhibit 1 - Declaration of John Oldham, # 2 Exhibit 2 - Declaration of Dr. Muer Yang, # 3 Exhibit 3 - Declaration of Dr. Catherine Troisi, # 4 Exhibit 4 - Declaration of Dr. Allan Lichtman, # 5 Exhibit 5 - Declaration of Maxwell Palmer, PhD, # 6 Civil Cover Sheet)(Howton, Skyler) (Entered: 08/12/2020)

1 Exhibit 1 - Declaration of John Oldham

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2 Exhibit 2 - Declaration of Dr. Muer Yang

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3 Exhibit 3 - Declaration of Dr. Catherine Troisi

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4 Exhibit 4 - Declaration of Dr. Allan Lichtman

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5 Exhibit 5 - Declaration of Maxwell Palmer, PhD

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6 Civil Cover Sheet

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Aug. 12, 2020

Aug. 12, 2020

Clearinghouse
2

Request for Issuance of Summons as to Ruth Hughs, filed.(Howton, Skyler) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
3

CORPORATE DISCLOSURE STATEMENT by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed.(Howton, Skyler) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
4

MOTION for Leave to File Excess Pages by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/2/2020. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
5

MOTION for Preliminary Injunction by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/2/2020. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
6

MEMORANDUM in Support re: 5 MOTION for Preliminary Injunction by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. (Attachments: # 1 Appendix I to Memo in Support of Motion for Preliminary Injunction, # 2 Appendix II to Memo in Support of Motion for Preliminary Injunction, # 3 Appendix III to Memo in Support of Motion for Preliminary Injunction, # 4 Appendix IV to Memo in Support of Motion for Preliminary Injunction, # 5 Appendix V to Memo in Support of Motion for Preliminary Injunction, # 6 Appendix VI to Memo in Support of Motion for Preliminary Injunction, # 7 Appendix VII to Memo in Support of Motion for Preliminary Injunction, # 8 Appendix VIII to Memo in Support of Motion for Preliminary Injunction, # 9 Appendix IX to Memo in Support of Motion for Preliminary Injunction, # 10 Appendix X to Memo in Support of Motion for Preliminary Injunction, # 11 Appendix XI to Memo in Support of Motion for Preliminary Injunction, # 12 Appendix XII to Memo in Support of Motion for Preliminary Injunction, # 13 Appendix XIII to Memo in Support of Motion for Preliminary Injunction, # 14 Appendix XIV to Memo in Support of Motion for Preliminary Injunction, # 15 Appendix XV to Memo in Support of Motion for Preliminary Injunction)(Howton, Skyler) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER

Summons Issued as to Ruth Hughs. Issued summons delivered to plaintiff by First-class mail, filed.(dmorales, 5)

Aug. 13, 2020

Aug. 13, 2020

PACER
7

ORDER Granting 4 MOTION for Leave to File Excess Pages. It is so ORDERED. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(mmarquez, 5) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

RECAP
8

ORDER, Given that Plaintiffs Motion for Preliminary Injunction is time-sensitive they ask the Court for an injunction to occur before the November 2020 election the Court hereby ORDERS Plaintiffs to file an Advisory as soon as possible to apprise the Court of the status of service of process on Defendant. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(atrevino, 5) Modified on 8/13/2020 (atrevino, 5). (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

RECAP
9

MOTION for Marc Elias to Appear Pro Hac ViceMotions referred to John A Kazen. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/3/2020. (Attachments: # 1 Attachment A)(Elias, Marc) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
10

MOTION for Lalitha Madduri to Appear Pro Hac ViceMotions referred to John A Kazen. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/3/2020. (Attachments: # 1 Attachment A)(Madduri, Lalitha) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
11

MOTION for Bruce V. Spiva to Appear Pro Hac ViceMotions referred to John A Kazen. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/3/2020. (Attachments: # 1 Attachment A)(Spiva, Bruce) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
12

MOTION for Daniel Osher to Appear Pro Hac ViceMotions referred to John A Kazen. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/3/2020. (Attachments: # 1 Attachment A)(Osher, Daniel) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
13

MOTION for Emily Brailey to Appear Pro Hac ViceMotions referred to John A Kazen. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/3/2020. (Attachments: # 1 Attachment A)(Brailey, Emily) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
14

ORDER OF RECUSAL. Magistrate Judge John A. Kazen hereby recuses himself in this case. Case reassigned to Magistrate Judge Diana Song Quiroga. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
15

ADVISORY by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed.(Spiva, Bruce) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER

Summons Issued/Not Issued

Aug. 13, 2020

Aug. 13, 2020

PACER
16

RETURN of Service of SUMMONS Executed as to Ruth Hughs served on 8/18/2020, answer due 9/8/2020, filed.(Howton, Skyler) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
17

ORDER. Plaintiffs have filed a Motion for Preliminary Injunction (Dkt. No. 5).Defendant is ORDERED to respond to the motion by September 2, 2020. Plaintiffsmay file a reply by September 7, 2020. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

RECAP
18

ORDER granting 9 Motion for Marc E. Elias to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
19

ORDER granting 11 Motion for Bruce V. Spiva to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
20

ORDER granting 12 Motion for Daniel Osher to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
21

ORDER granting 13 Motion for Emily Brailey to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
22

ORDER granting 10 Motion for Lalitha D. Madduri to Appear Pro Hac Vice.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
23

NOTICE of Appearance by Todd Lawrence Disher on behalf of Ruth Hughs, filed. (Disher, Todd) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
24

NOTICE of Appearance by William T. Thompson on behalf of Ruth Hughs, filed. (Thompson, William) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
25

Unopposed MOTION for Leave to File Excess PagesMotions referred to Diana Song Quiroga. by Ruth Hughs, filed. Motion Docket Date 9/21/2020. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
26

MOTION to Dismiss 1 Complaint, by Ruth Hughs, filed. Motion Docket Date 9/21/2020. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 08/31/2020)

1 Proposed Order

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Aug. 31, 2020

Aug. 31, 2020

RECAP
27

MOTION to Strike Expert Declaration and Testimony of Dr. Allan Lichtman Motions referred to Diana Song Quiroga. by Ruth Hughs, filed. Motion Docket Date 9/23/2020. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Disher, Todd) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
28

MOTION for Leave to File Excess PagesMotions referred to Diana Song Quiroga. by Ruth Hughs, filed. Motion Docket Date 9/23/2020. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
29

RESPONSE in Opposition to 5 MOTION for Preliminary Injunction, filed by Ruth Hughs. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
30

APPENDIX re: 29 Response in Opposition to Motion by Ruth Hughs, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28)(Disher, Todd) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
31

NOTICE of Filing of Correction to Exhibit 4 of Appendix in Support re: 29 Response in Opposition to Motion by Ruth Hughs, filed. (Attachments: # 1 Corrected Exhibit 4, Part I of Appendix in Support, # 2 Corrected Exhibit 4, Part II of Appendix in Support)(Disher, Todd) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
32

MOTION for Leave to File Excess PagesMotions referred to Diana Song Quiroga. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 9/28/2020. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 09/07/2020)

Sept. 7, 2020

Sept. 7, 2020

PACER
33

RESPONSE in Opposition to 26 MOTION to Dismiss 1 Complaint,, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Attachments: # 1 Appendix I to Plaintiffs' Response in Opposition to Defendant's Motion to Dismiss)(Howton, Skyler) (Entered: 09/07/2020)

Sept. 7, 2020

Sept. 7, 2020

PACER
34

REPLY in Support of 5 MOTION for Preliminary Injunction, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Attachments: # 1 Appendix I - to Plaintiffs' Reply in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Appendix II - to Plaintiffs' Reply in Support of Plaintiffs' Motion for Preliminary Injunction)(Howton, Skyler) (Entered: 09/07/2020)

Sept. 7, 2020

Sept. 7, 2020

PACER
35

RESPONSE in Opposition to 27 MOTION to Strike Expert Declaration and Testimony of Dr. Allan Lichtman, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Attachments: # 1 Exhibit Lichtman Deposition Transcript)(Howton, Skyler) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
36

ORDER granting 25 28 32 Motions for Leave to File Excess Pages.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
37

NOTICE of Supplemental Authority by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. (Howton, Skyler) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
38

REPLY in Support of 26 MOTION to Dismiss 1 Complaint,, filed by Ruth Hughs. (Attachments: # 1 Exhibit A)(Disher, Todd) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
39

MOTION to Strike Declaration of Dan Wallach or, in the Alternative, for Leave to File a Sur-Reply Motions referred to Diana Song Quiroga. by Ruth Hughs, filed. Motion Docket Date 10/5/2020. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
40

RESPONSE in Opposition to 39 MOTION to Strike Declaration of Dan Wallach or, in the Alternative, for Leave to File a Sur-Reply, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Howton, Skyler) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
41

REPLY in Support of 39 MOTION to Strike Declaration of Dan Wallach or, in the Alternative, for Leave to File a Sur-Reply, filed by Ruth Hughs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Disher, Todd) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
42

ORDER denying Defendant's 27 Motion to Strike Dr. Lichtman's declaration and any future testimony.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
43

MEMORANDUM AND ORDER granting in part and denying in part Defendant's 26 MOTION to Dismiss; denying 39 MOTION to Strike the Declaration of Dan Wallach; granting Plaintiff's 5 Request for Preliminary Injunction. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

Clearinghouse
44

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 43 Memorandum and Order, by Ruth Hughs (Filing fee $ 505, receipt number 0541-25264681), filed.(Disher, Todd) (Entered: 09/26/2020)

Sept. 26, 2020

Sept. 26, 2020

RECAP
45

Opposed MOTION to Stay Preliminary Injunction Motions referred to Christopher dos Santos. by Ruth Hughs, filed. Motion Docket Date 10/19/2020. (Attachments: # 1 Exhibit Bexar Co. Declaration, # 2 Exhibit Hays Co. Declaration, # 3 Exhibit Tarrant Co. Declaration, # 4 Exhibit Collin Co. Declaration, # 5 Proposed Order)(Disher, Todd) (Entered: 09/26/2020)

1 Exhibit Bexar Co. Declaration

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2 Exhibit Hays Co. Declaration

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3 Exhibit Tarrant Co. Declaration

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4 Exhibit Collin Co. Declaration

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5 Proposed Order

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Sept. 26, 2020

Sept. 26, 2020

RECAP
46

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 44 Notice of Appeal. Fee status: Paid. Reporter(s): No Hearing Held, filed. (Attachments: # 1 Notice of Appeal, # 2 Memorandum and Order, # 3 Docket Sheet) (dmorales, 5) (Entered: 09/28/2020)

1 Notice of Appeal

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2 Memorandum and Order

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3 Docket Sheet

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Sept. 26, 2020

Sept. 26, 2020

RECAP
47

RESPONSE in Opposition to 45 Opposed MOTION to Stay Preliminary Injunction, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Howton, Skyler) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

RECAP

Notice of Assignment of USCA No. 20-40643 re: 44 Notice of Appeal, filed.(dmorales, 5)

Sept. 28, 2020

Sept. 28, 2020

PACER

USCA Case Number

Sept. 28, 2020

Sept. 28, 2020

PACER

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 44 Notice of Appeal USCA No. 20-40643, filed.(dmorales, 5)

Oct. 1, 2020

Oct. 1, 2020

PACER

Electronic Access to Record on Appeal Provided re: 44 Notice of Appeal to counsel for appellant and appellee. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 20-40643), filed.(dmorales, 5)

Oct. 1, 2020

Oct. 1, 2020

PACER

Electronic Record on Appeal Certified

Oct. 1, 2020

Oct. 1, 2020

PACER

Transmittal of Appeal (FORM, noticing) - Civil

Oct. 1, 2020

Oct. 1, 2020

PACER
48

Opposed MOTION for Clarification Motions referred to Christopher dos Santos. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 11/13/2020. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
49

ORDER granting 48 Motion for Clarification. Plaintiffs have filed an opposed Motion for Clarification, asking that this Court clarify the scope of its order granting Plaintiffs request for a preliminary injunction (Dkt. No. 48). The Court hereby GRANTS the motion and clarifies that the preliminary injunction entered on September 25, 2020 (Dkt. No. 43 ) applies only to in-person voting during the November 2020 general election.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(sgonzalez, 5) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
50

ADVISORY by Ruth Hughs, filed. (Attachments: # 1 Exhibit Fifth Circuit Order (No. 20-50774))(Disher, Todd) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
51

Order of USCA re: 44 Notice of Appeal ; USCA No. 20-40643. It is ORDERED that the motion to reconsider sanctions is GRANTED in part and DENIED in part., filed.(dmorales, 5) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

RECAP
52

ADVISORY Because this matter no longer appears to have a live controversy, the Court will close this case on October 15, 2021. If the parties believe otherwise, they should file specific objections explaining why this matter should remain open prior to October 15, 2021. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
53

RESPONSE to 52 Order, (Court's 10/06/21 Advisory), filed by Ruth Hughs. (Thompson, William) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
54

First OBJECTIONS to the Closure of the Case on Mootness Grounds, filed by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans. (Spiva, Bruce) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

RECAP
55

Unopposed MOTION for Bruce V. Spiva to Withdraw as AttorneyMotions referred to Christopher dos Santos. by Sylvia Bruni, DCCC, DSCC, Texas Alliance for Retired Americans, filed. Motion Docket Date 2/18/2022. (Attachments: # 1 Proposed Order)(Spiva, Bruce) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
56

Order of USCA re: 44 Notice of Appeal ; USCA No. 20-40643. It is ORDERED that the motion of attorney Bruce Van Spiva to withdraw is GRANTED., filed.(dmorales, 5) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

RECAP
57

Fifth Circuit Court of Appeals LETTER advising of the Revised Case Caption to be used on all future filings in this case. (USCA No. 20-40643), filed.(sgonzalez, 5) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

RECAP
58

ORDER. The Clerk of Court is ORDERED to recaption this action as Texas Alliance for Retired Americans et al. v. John Scott, in his official capacity as the Texas Secretary of State. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(RobertTenorio, 5) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

RECAP
59

ORDER granting 55 Unopposed Motion to Withdraw as Counsel of Record for Plaintiffs. Attorney Bruce Spiva terminated. (Signed by Magistrate Judge Christopher dos Santos) Parties notified.(dmorales, 5) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
60

NOTICE of Dismissal as to DCCC, Sylvia Bruni, Texas Alliance for Retired Americans, DSCC by DCCC, Sylvia Bruni, Texas Alliance for Retired Americans, DSCC, filed. (Howton, Skyler) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
61

PER CURIAM of USCA; Judgment issued as mandate 5/9/2022 re: 44 Notice of Appeal ; USCA No. 20-40643. It is ORDERED and ADJUDGED that the judgment of the District Court is REVERSED, VACATED and REMANDED to the District Court for further proceedings in accordance with the opinion of this Court., filed.(vcantu, 5) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

Clearinghouse
62

JUDGMENT of USCA; Judgment issued as mandate 5/9/2022 re: 44 Notice of Appeal ; USCA No. 20-40643. It is Ordered and Adjudged that the judgment of the District Court is REVERSED, VACATED and REMANDED in accordance with the opinion of this Court, filed. (Attachments: # 1 Letter)(vcantu, 5) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

RECAP
63

ORDER. Plaintiffs claims are hereby DISMISSED WITHOUT PREJUDICE.The Clerk of Court is DIRECTED to TERMINATE all pending motions and CLOSE this civil action.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(ElliotGallegos, 5) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

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: Aug. 12, 2020

Closing Date: May 13, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Texas Alliance of Retired Americans, the national senatorial committee of the Democratic Party, the national congressional committee of the Democratic Party, and an individual

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Perkins Coie

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, Texas, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Ex parte Young (federal or state officials)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Impact

Disparate Treatment

Voting

Voting access

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run

Voting:

Election administration