Case: Moore v. Johnson

2:14-cv-11903 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 12, 2014

Closed Date: Sept. 15, 2014

Clearinghouse coding complete

Case Summary

This case involves a civil rights action to challenge the constitutionality of a Michigan statute which requires individuals to be registered voters to circulate nominating petitions to place candidates for partisan office on the primary election ballot. For such placement, Michigan election law requires submission of at least 1,000 valid signatures of registered Michigan voters who reside in the candidate's congressional district. John Conyers, Jr., a candidate for the U.S. House of Representa…

This case involves a civil rights action to challenge the constitutionality of a Michigan statute which requires individuals to be registered voters to circulate nominating petitions to place candidates for partisan office on the primary election ballot.

For such placement, Michigan election law requires submission of at least 1,000 valid signatures of registered Michigan voters who reside in the candidate's congressional district. John Conyers, Jr., a candidate for the U.S. House of Representatives, submitted nominating petitions containing more than 2,000 signatures to Wayne County Clerk Cathy Garrett. Clerk Garrett issued a final determination disqualifying 1,408 of such signatures, leaving Mr. Conyers well short of the number of requisite signatures. Secretary of State Ruth Johnson reviewed Mr. Conyers' appeal and upheld the County Clerk's decision based on a Michigan election statute requiring that a person circulating such petitions, both at the time of circulation and execution of the certificate of a circulator, is required to be a registered Michigan elector. M.C.L. § 168.544c(3) (the "Challenged Statute").

On May 12, 2014, Edna Moore (a citizen wanting to vote for Mr. Conyers) and Tiara Willis-Pittman (a circulator whose petitions were disqualified pursuant to the Challenged Statute) filed this lawsuit in the U.S. District Court for the Eastern District of Michigan, Southern Division. On May 15, 2014, the plaintiffs filed an amended complaint joining Mr. Conyers and Chinita Terry (another circulator) as plaintiffs to the suit and a motion for a temporary restraining order and/or preliminary injunction. The plaintiffs sued Secretary Johnson and Clerk Garrett, challenging the constitutionality of the Challenged Statute. Represented by the ACLU, the plaintiffs sought declaratory, injunctive and other relief. They claimed that the Challenged Statute violated the First Amendment, both on its face and as applied in this instance. On May 23, 2014, the Court issued an order granting the plaintiffs' motion for injunctive relief, holding that the plaintiffs had shown a substantial likelihood of success on the merits because the Challenged Statute, review of which requires strict scrutiny, was not narrowly tailored to serve a compelling state interest.

There have been no new developments in the case since attorney fees were ordered on September 15, 2014

Summary Authors

Chris McAlister (10/28/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5352668/parties/moore-v-johnson/


Judge(s)
Attorney for Plaintiff

Bonifaz, John (Michigan)

Botes, Bradford W (Michigan)

Attorney for Defendant

Alexander, Celia M. (Michigan)

Anderson-Davis, Janet (Michigan)

Barton, Denise C. (Michigan)

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Documents in the Clearinghouse

Document
1

2:14-cv-11903

Complaint

May 12, 2014

May 12, 2014

Complaint
12

2:14-cv-11903

First Amended Complaint

May 15, 2014

May 15, 2014

Complaint
35

2:14-cv-11903

Order Granting Motion

May 23, 2014

May 23, 2014

Order/Opinion

2014 WL 4924409

33

2:14-cv-11903

Order Denying Motion

May 23, 2014

May 23, 2014

Order/Opinion

2014 WL 2171097

41

2:14-cv-11903

Consent Judgment

July 1, 2014

July 1, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5352668/moore-v-johnson/

Last updated Aug. 11, 2025, 2:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-4637031 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): United States District Court for the Eastern District, 14-cv-11818, Judge Gershwin A. Drain] (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Steinberg, Michael) (Entered: 05/12/2014)

1 Exhibit A

View on PACER

2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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May 12, 2014

May 12, 2014

RECAP
2

NOTICE by All Plaintiffs of Companion Case (Steinberg, Michael) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (KKra)

May 13, 2014

May 13, 2014

PACER
3

SUMMONS Issued for *Ruth Johnson* (KKra) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
4

SUMMONS Issued for *Cathy M. Garrett* (KKra) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
5

NOTICE of Appearance by Daniel S. Korobkin on behalf of Edna Moore, Tiara Willis-Pittman. (Korobkin, Daniel) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
6

ORDER REASSIGNING CASE from District Judge Linda V. Parker and Magistrate Judge Mona K. Majzoub in Flint to District Judge Matthew F. Leitman and Magistrate Judge Paul J. Komives in Detroit. (SSch) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 5/13/2014 at 3:00 PM before District Judge Matthew F. Leitman. (Monda, H)

May 13, 2014

May 13, 2014

PACER
7

NOTICE of Appearance by Mary Ellen Gurewitz on behalf of All Plaintiffs. (Gurewitz, Mary Ellen) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
8

CERTIFICATE of Service/Summons Returned Executed. Cathy M. Garrett served on 5/13/2014, answer due 6/3/2014. (Steinberg, Michael) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
9

NOTICE of Appearance by Brooke A. Merriweather-Tucker on behalf of All Plaintiffs. (Merriweather-Tucker, Brooke) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER

Minute Entry for proceedings held before District Judge Matthew F. Leitman: Telephonic Status Conference held on 5/13/2014. (Monda, H)

May 13, 2014

May 13, 2014

PACER
10

ORDER on Status Conference (TELEPHONIC Status Conference set for 5/19/2014 at 2:30 PM before District Judge Matthew F. Leitman. **PLEASE SEE ORDERS FOR ADDITIONAL DEADLINES**) Signed by District Judge Matthew F. Leitman. (Monda, H) (Entered: 05/14/2014)

May 14, 2014

May 14, 2014

PACER
11

NOTICE of Appearance by Janet Anderson-Davis on behalf of Cathy M. Garrett. (Anderson-Davis, Janet) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
12

AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A 5/13/14 Final Determination Report of Wayne County Clerk, # 3 Exhibit B 4/30/14 Letter from Wayne County Clerk re: sufficient signatures, # 4 Exhibit C Moore Declaration, # 5 Exhibit D Willis-Pittman Declaration, # 6 Exhibit E Willis-Pittman Voter Registration Application, # 7 Exhibit F Terry Declaration) (Steinberg, Michael) (Entered: 05/15/2014)

1 Index of Exhibits

View on RECAP

2 Exhibit A 5/13/14 Final Determination Report of Wayne County Clerk

View on RECAP

3 Exhibit B 4/30/14 Letter from Wayne County Clerk re: sufficient signatures

View on RECAP

4 Exhibit C Moore Declaration

View on RECAP

5 Exhibit D Willis-Pittman Declaration

View on RECAP

6 Exhibit E Willis-Pittman Voter Registration Application

View on RECAP

7 Exhibit F Terry Declaration

View on RECAP

May 15, 2014

May 15, 2014

RECAP
13

NOTICE of Appearance by Janet Anderson-Davis on behalf of Cathy M. Garrett. (Anderson-Davis, Janet) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
14

MOTION to Intervene, Brief in Support, and Certificate of Service by Richard D Jones, Horace Sheffield, III. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1: Entervening Defendants Answer, # 3 Exhibit 2: Statement of Intervening Defendants Claim or Defense) (Doster, Eric) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER

Set Deadlines/Hearings: MANDATORY TELEPHONIC Status Conference set for 5/15/2014 at 2:30 PM before District Judge Matthew F. Leitman. **Counsel for Plaintiff shall initiate the call and include the Court when all parties are present** (Monda, H)

May 15, 2014

May 15, 2014

PACER
15

MOTION for Temporary Restraining Order and/or Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A 5/13/14 Final Determination Report of Wayne County Clerk, # 3 Exhibit B - Terry Declaration, # 4 Exhibit C - Willis-Pittment Declaration, # 5 Exhibit D - Moore Declaration) (Steinberg, Michael) (Entered: 05/15/2014)

1 Index of Exhibits

View on PACER

2 Exhibit A 5/13/14 Final Determination Report of Wayne County Clerk

View on PACER

3 Exhibit B - Terry Declaration

View on PACER

4 Exhibit C - Willis-Pittment Declaration

View on PACER

5 Exhibit D - Moore Declaration

View on PACER

May 15, 2014

May 15, 2014

RECAP
16

CERTIFICATE OF SERVICE by All Plaintiffs (Steinberg, Michael) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
17

NOTICE OF HEARING on 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction. Response due by 5/20/2014 at 10:00 a.m.; Motion Hearing set for 5/21/2014 at 9:30 AM before District Judge Matthew F. Leitman. (Monda, H) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
18

NOTICE of Appearance by Erik A. Grill on behalf of Ruth Johnson. (Grill, Erik) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
19

ATTORNEY APPEARANCE: Denise C. Barton appearing on behalf of Ruth Johnson (Barton, Denise) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
20

MOTION for Leave to File Excess Pages by All Plaintiffs. (Steinberg, Michael) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER

TEXT-ONLY ORDER Granting 20 MOTION for Leave to File Excess Pages. Signed by District Judge Matthew F. Leitman. (Monda, H)

May 15, 2014

May 15, 2014

PACER

Minute Entry for proceedings held before District Judge Matthew F. Leitman: Telephonic Status Conference held on 5/15/2014. (Monda, H)

May 15, 2014

May 15, 2014

PACER
21

CERTIFICATE of Service/Summons Returned Executed. Ruth Johnson served on 5/13/2014, answer due 6/3/2014. (Steinberg, Michael) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
22

ORDER on Status Conference re 14 MOTION to Intervene and 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction. Amicus Brief Opposing Plaintiffs' 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction due by 5/18/2014 at 12:00 p.m., Plaintiffs' Reply due by 5/20/2014 at 9:00 a.m.. Opposition Briefs re 14 MOTION to Intervene due by 5/22/2014 at 5:00 p.m. Signed by District Judge Matthew F. Leitman. (Monda, H) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
23

MOTION to Intervene with Election Commission's Statement by Cathy M. Garrett. (Attachments: # 1 Exhibit A - Election Commission's Statement) (Anderson-Davis, Janet) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
24

[STRICKEN - CORRECTED RESPONSE FILED - SEE DOCKET ENTRY 25] RESPONSE to 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction Together with Certificate of Service filed by Richard D Jones, Horace Sheffield, III. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Doster, Eric) Modified on 5/20/2014 (Monda, H). (Entered: 05/18/2014)

May 18, 2014

May 18, 2014

PACER
25

RESPONSE to 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction CORRECTED, Together with Certificate of Service filed by Richard D Jones, Horace Sheffield, III. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Doster, Eric) (Entered: 05/18/2014)

May 18, 2014

May 18, 2014

PACER

Minute Entry for proceedings held before District Judge Matthew F. Leitman: Telephonic Status Conference held on 5/19/2014. (Monda, H)

May 19, 2014

May 19, 2014

PACER

Set/Reset Deadlines as to 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction. Motion Hearing set for 5/21/2014 at 9:30 AM before District Judge Matthew F. Leitman. **LOCATION CHANGE ONLY** Hearing will take place in Courtroom 716 (Judge Cook's). (Monda, H)

May 19, 2014

May 19, 2014

PACER
26

REPLY to Response to Amici and State filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Hansen, Andrea) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
27

RESPONSE to 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1. Affidavit of Christopher M. Thomas, # 3 Exhibit 2. www.mi.gov/vote (viewed May 12, 2014)) (Grill, Erik) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
28

RESPONSE to 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction with Exhibits 1 - 18 filed by Cathy M. Garrett. (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) (Anderson-Davis, Janet) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
29

CERTIFICATE OF SERVICE re 28 Response to Motion,, by Cathy M. Garrett (Anderson-Davis, Janet) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
30

EXHIBIT 18 to DF Garrett's Response to Motion for TRO re 28 Response to Motion,, by Cathy M. Garrett (Anderson-Davis, Janet) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER

Minute Entry for proceedings held before District Judge Matthew F. Leitman: Motion Hearing held on 5/21/2014 re 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Edna Moore, John Conyers, Chinita Terry, Tiara Willis-Pittman. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Lawrence R. Przybysz) (Monda, H)

May 21, 2014

May 21, 2014

PACER

TEXT-ONLY ORDER Granting 23 MOTION to Intervene with Election Commission's Statement filed by Cathy M. Garrett. Signed by District Judge Matthew F. Leitman. (Monda, H)

May 22, 2014

May 22, 2014

PACER
31

RESPONSE to 14 MOTION to Intervene, Brief in Support, and Certificate of Service filed by All Plaintiffs. (Hansen, Andrea) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
32

RESPONSE to 14 MOTION to Intervene, Brief in Support, and Certificate of Service filed by Ruth Johnson. (Grill, Erik) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
33

ORDER Denying 14 Motion to Intervene by Reverend Horace Sheffield, III and Rick Jones. Signed by District Judge Matthew F. Leitman. (Monda, H)

May 23, 2014

May 23, 2014

RECAP
34

EXHIBIT Secretary of State Johnson's Determination pursuant to the Court's Order re Motion Hearing, by Ruth Johnson (Grill, Erik) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
35

ORDER Granting Plaintiffs' 15 Motion for Injunctive Relief. Signed by District Judge Matthew F. Leitman. (Monda, H)

May 23, 2014

May 23, 2014

RECAP
36

EXHIBIT 19 and Certificate of Service re 28 Response to Motion,, by Cathy M. Garrett (Anderson-Davis, Janet) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
37

TRANSCRIPT of Motion Hearing held on May 21, 2014. (Court Reporter/Transcriber: Lawrence R. Przybysz) (Number of Pages: 141) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/20/2014. Redacted Transcript Deadline set for 6/30/2014. Release of Transcript Restriction set for 8/28/2014. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Przybysz, L) Modified on 5/30/2014 (JPur). (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
38

STIPULATION AND ORDER Extending Time to File Responsive Pleadings re 1 Complaint. Response due by 7/3/2014. Signed by District Judge Matthew F. Leitman. (Monda, H) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
39

STIPULATION AND ORDER Extending Time for Defendant Cathy M. Garrett to File Responsive Pleadings re 1 Complaint. Response due by 7/3/2014. Signed by District Judge Matthew F. Leitman. (Monda, H) (Entered: 06/04/2014)

June 4, 2014

June 4, 2014

PACER
40

NOTICE TO APPEAR: Status Conference set for 6/24/2014 at 1:00 PM before District Judge Matthew F. Leitman. (Monda, H) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

PACER

Minute Entry for proceedings held before District Judge Matthew F. Leitman: Status Conference held on 6/24/2014. (Monda, H)

June 24, 2014

June 24, 2014

PACER
41

CONSENT JUDGMENT. Signed by District Judge Matthew F. Leitman. (Monda, H) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

RECAP
42

ERRATA Sheet (Przybysz, L) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

PACER
43

STIPULATED ORDER Extending Time to File Motion for Attorney Fees. Motion due by 9/15/2014. Signed by District Judge Matthew F. Leitman. (Monda, H) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
44

STIPULATED ORDER Regarding Attorneys' Fees and Costs Pursuant to 42 USC 1988. Signed by District Judge Matthew F. Leitman. (Monda, H) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: May 12, 2014

Closing Date: Sept. 15, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Congressional candidate, private citizen voter and private citizen petition circulators

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wayne County Clerk Cathy Garrett, County

Secretary of State Ruth Johnson, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2014 - 2014

Issues

Voting:

Election administration

Voting: General & Misc.