Case: Common Cause Indiana v. Indiana Secretary of State

1:12-cv-01603 | U.S. District Court for the Southern District of Indiana

Filed Date: Nov. 1, 2012

Closed Date: April 6, 2016

Clearinghouse coding complete

Case Summary

On November 11, 2012, Common Cause Indiana (CCI), the Indiana affiliate of the non-profit, non-partisan public interest group, Common Cause, filed suit against the Indiana Secretary of State, in her official capacity as chief election official of the State of Indiana. CCI was represented by both private attorney and an attorney with the ACLU of Indiana. CCI alleged that the unique election structure of Marion County, IN resulted in a system where every judge that won the primary election was au…

On November 11, 2012, Common Cause Indiana (CCI), the Indiana affiliate of the non-profit, non-partisan public interest group, Common Cause, filed suit against the Indiana Secretary of State, in her official capacity as chief election official of the State of Indiana. CCI was represented by both private attorney and an attorney with the ACLU of Indiana. CCI alleged that the unique election structure of Marion County, IN resulted in a system where every judge that won the primary election was automatically elected in the general election. Pursuant to Indiana Code § 33-33-49-13, each of the major political parties—Democrats and Republicans—nominated exactly half of all judicial seats and effectively ran unopposed for each seat in the primary election. As a result, any voter unable or unwilling to vote in the primary election was afforded no opportunity to cast a meaningful vote in the judicial elections. Based upon these factual predicates, CCI asserted that Indiana Code § 33-33-49-13 was an unconstitutional in violation of the First Amendment and sought declaratory judgment declaring the same and seeking a permanent injunction against enforcement of the statute. The action was brought pursuant to 46 U.S.C. § 1983 to redress deprivation, under color of state law, of voting rights secured by the Constitution of the United States and further sought recovery of costs and attorneys fees pursuant to 42 U.S.C. § 1988. The case was filed in the U.S. District Court for the Southern District of Indiana and assigned to Chief Judge Richard L. Young. 

CCI’s complaint focused on the situation created by the effective result of the judicial election system where the only meaningful votes were cast in the primaries, thereby depriving voters who were unable to vote in the primaries of any meaningful vote in the general election. Specifically, CCI alleged this amounted to a violation of voters’ First Amendment rights. 

The Indiana Secretary of State on December 20, 2012 filed a motion to dismiss the complaint for failure to state a claim. That motion alleged that CCI failed to set forth necessary standing to bring the action. Specifically, the defendants argued that CCI lacked either Article III or prudential standing in order for the case to proceed. Beyond alleging that CCI could not prove that it or its members had suffered an injury in fact, it sought dismissal because, pursuant to Indiana Code § 5-12-5-1, the Secretary of State only certifies the results of the local election, and the duty to enforce and administer the provisions being challenged were exclusively upon the applicable county election board. To remedy any perceived issue in this regard, CCI filed an amended complaint to include the Governor of Indiana and the individual members of the Indiana Election Commission. The defendants thereafter added a claim under the Eleventh Amendment for governmental immunity and moved to dismissed on these separate grounds. By order on September 6, 2013, the Court denied the motion to dismiss, finding sufficient justification for standing and inclusion of the defendants in the suit based upon their overarching duty of election law enforcement. The Court further rejected the defendants’ claim of governmental immunity based upon exceptions set out within Ex Parte Young, 209 U.S. 123 (1908) wherein private parties may sue individual state officials to enjoin ongoing violations of federal law. 2013 WL 12284648.

On September 16, 2013, the Defendants sought Certification for Interlocutory Appeal of the order denying their Motion to Dismiss pursuant to 28 U.S.C. § 1292(b). Primarily, the Defendants asserted that the matter presented a pure question of law as to questions of standing and the Defendants’ sovereign immunity. The Court by order issued on November 7, 2013 denied the Petition for Certification of Interlocutory appeal, citing clear case precedent established by Ex Parte Young, 209 U.S. 123 (1908) and rejecting any arguments of “costly” discovery necessary for the case to proceed based upon the clear factual predicates of the challenge and the likelihood that the matter would be decided at summary judgment. 2013 WL 12284649.

On May 2, 2014, an Indianapolis attorney and Democratic candidate for judge in the upcoming election moved to intervene in the action in order to ensure that any ruling as to unconstitutionality would be applied in time for the election in which he was a candidate. Both CCI and the Defendants filed responses in opposition to the Motion to Intervene. Because the prospective intervenor did not place in the top eight of the Democratic primary after his Motion to Intervene was filed, the Court on June 14, 2014 denied that Motion, finding the prospective intervenor lacked an interest in the subject matter, as well as noting the untimeliness of the motion considering the passage of fourteen months prior to filing the Motion to Intervene. 

After Defendants’ answers and competing motions for summary judgment, the Court by order on October 9, 2014 rendered a final order on the matter. 60 F.Supp.3d 982. The Court ultimately found the statute in question unconstitutional and enjoined its enforcement. Specifically, the Court noted that while the statute may not outright bar all individuals from casting a meaningful vote, the practical result of the statute was that persons not eligible to vote in the primary election “will have no say whatsoever in the election of judges to the Marion Superior Court.” In fact, every judge elected since 2002 had been elected through this exact method. Accordingly, the Court ruled that CCI and its members had standing to bring the action based upon injury by their inability to cast a meaningful vote. The Court determined that the system created by Indiana Code § 33-33-49-13 was one which did not afford voters an opportunity to vote on who would fill each seat and, accordingly, “severely burdens the right to vote.” The Court further rejected the Defendants’ arguments that the system resulted in less contested and more manageable elections. Rather, the Court determined the Defendants failed entirely to explain how enforcement of the statute furthered these goals and, the current system may have made the election process even more political as a result of having to compete within one’s party for judicial election. Lastly, the Court found no credence in Defendants’ arguments regarding voter fatigue and voter education. The Court suggested alternative methods of remedying such concerns, were they to exist, and affirmatively stated that taking away candidate choice was not the proper solution. 

As a result, the Court found Indiana Code § 33-33-49-13(b) invalid on its face and in its application. Based upon the same, the Court granted CCI’s Motion for Summary Judgment and simultaneously denied the Defendants’ Motion for Summary Judgment. 

The Defendants thereafter appealed the Order to the United States Court of Appeals for the Seventh Circuit. By decision issued September 9, 2015, the Seventh Circuit issued a thirty-two page opinion affirming the decision of the Southern District of Indiana and determining the statute to be unconstitutional. 800 F.3d 913. Ultimately, the Seventh Circuit determined that “in light of the burden placed upon the right to vote, the interests put forward by the State do not justify the burden.” Accordingly, CCI prevailed. CCI subsequently provided the Court with notice that its claim for attorneys’ fees and costs had been fully resolved on April 6, 2016, and the case was accordingly closed. 

Summary Authors

Connor Hicks (11/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5087674/parties/common-cause-indiana-v-indiana-secretary-of-state/


Judge(s)
Attorney for Plaintiff

Falk, Kenneth J. (Indiana)

Attorney for Defendant

Fisher, Thomas M. (Indiana)

Harwel, Ashley Tatman (Indiana)

Joel, Kenneth Lawson (Indiana)

McVeigh, Heather Hagan (Indiana)

show all people

Documents in the Clearinghouse

Document
1

1:12-cv-01603

Complaint for Declaratory and Injunctive Relief/ Notice of Challenge to the Constitutionality of State Statute

Nov. 1, 2012

Nov. 1, 2012

Complaint
11

1:12-cv-01603

Defendant Secretary of State's Memorandum of Law in Support Of Her Motion To Dismiss Pursuant To Rules 12(b)(1) and 12(b)(6)

Dec. 20, 2012

Dec. 20, 2012

Pleading / Motion / Brief
10

1:12-cv-01603

Defendant Indiana Secretary of State's Motion To Dismiss Pursuant To Rules 12(b)(1) and 12(b)(6)

Dec. 20, 2012

Dec. 20, 2012

Pleading / Motion / Brief
12

1:12-cv-01603

Amended Complaint For Declaratory And Injunctive Relief/Notice Of Challenge To The Constitutionality Of State Statute

Jan. 3, 2013

Jan. 3, 2013

Complaint
16

1:12-cv-01603

Entry Denying Defendant's Motion To Dismiss As Moot

Jan. 11, 2013

Jan. 11, 2013

Order/Opinion
19

1:12-cv-01603

State Defendants' Memorandum Of Law In Support Of Their Motion To Dismiss Pursuant To Rules 12(b)(1) and 12(b)(6)

Feb. 1, 2013

Feb. 1, 2013

Pleading / Motion / Brief
20

1:12-cv-01603

Plaintiff's Response In Opposition To Motion To Dismiss

Feb. 15, 2013

Feb. 15, 2013

Pleading / Motion / Brief
27

1:12-cv-01603

State Defendants' Reply Brief In Support Of Their Motion To Dismiss Pursuant To Rules 12(b)(1) and 12(b)(6)

March 18, 2013

March 18, 2013

Pleading / Motion / Brief
30

1:12-cv-01603

Entry on State Defendants' Motion to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6)

Sept. 6, 2013

Sept. 6, 2013

Order/Opinion

2013 WL 2013

31

1:12-cv-01603

State Defendants' Petition for Certification of Interlocutory Appeal Under 28 U.S.C. § 1292(b) and Motions to Amend Order and Stay Proceedings Pending Appeal

Sept. 16, 2013

Sept. 16, 2013

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5087674/common-cause-indiana-v-indiana-secretary-of-state/

Last updated March 9, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief / Notice of Challenge to the Constitutionality of State Statute against INDIANA SECRETARY OF STATE, filed by COMMON CAUSE INDIANA. (Filing fee $ 350, receipt number 0756-2487903) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Rose, Gavin) (Entered: 11/01/2012)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

Nov. 1, 2012

Nov. 1, 2012

Clearinghouse
2

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff COMMON CAUSE INDIANA. (Rose, Gavin) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
3

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff COMMON CAUSE INDIANA. (Falk, Kenneth) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MSD) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
5

Summons Issued as to INDIANA SECRETARY OF STATE. (MSD) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
6

NOTICE of Appearance by Kenneth Lawson Joel on behalf of Defendant INDIANA SECRETARY OF STATE. (Joel, Kenneth) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
7

NOTICE of Parties' First Extension of Time, filed by Defendant INDIANA SECRETARY OF STATE. (Joel, Kenneth) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
8

NOTICE of Appearance by Dino L. Pollock on behalf of Defendant INDIANA SECRETARY OF STATE. (Pollock, Dino) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
9

RETURN of Service by CMRRR, filed by COMMON CAUSE INDIANA. INDIANA SECRETARY OF STATE served on 11/5/2012. (Falk, Kenneth) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
10

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rules 12(b)(1) and 12(b)(6), filed by Defendant INDIANA SECRETARY OF STATE. (Attachments: # 1 Text of Proposed Order)(Pollock, Dino) (Entered: 12/20/2012)

1 Text of Proposed Order

View on PACER

Dec. 20, 2012

Dec. 20, 2012

Clearinghouse
11

BRIEF/MEMORANDUM in Support re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rules 12(b)(1) and 12(b)(6), filed by Defendant INDIANA SECRETARY OF STATE. (Pollock, Dino) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

Clearinghouse
12

AMENDED COMPLAINT for Declaratory and Injunctive Relief / Notice of Challenge to the Constitutionality of State Statute against All Defendants, filed by COMMON CAUSE INDIANA. (Attachments: # 1 Proposed Summons to Election Division, # 2 Proposed Summons to Governor)(Falk, Kenneth) (Entered: 01/03/2013)

1 Proposed Summons to Election Division

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2 Proposed Summons to Governor

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Jan. 3, 2013

Jan. 3, 2013

Clearinghouse
13

NOTICE of Appearance by Kenneth Lawson Joel on behalf of Defendants Governor of the State of Indiana, in his official capacity, Individual Members of the Indiana Election Commission, in their official capacities. (Joel, Kenneth) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER
14

MOTION for Extension of Time to February 1, 2013 in which to 12 Amended Complaint to Respond to, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Text of Proposed Order)(Joel, Kenneth) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER
15

NOTICE of Appearance by Dino L. Pollock on behalf of Defendants Governor of the State of Indiana, in his official capacity, Individual Members of the Indiana Election Commission, in their official capacities. (Pollock, Dino) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER
16

ENTRY denying as moot 10 Motion to Dismiss for Failure to State a Claim. Signed by Judge Richard L. Young on 1/11/2013. (PG) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

Clearinghouse
17

ORDER granting 14 Motion for Extension of Time to 2/1/13 to respond to amended complaint. Signed by Magistrate Judge Debra McVicker Lynch on 1/11/2013. (TMA) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
18

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Text of Proposed Order Granting State Defendants' Motion to Dismiss)(Pollock, Dino) (Entered: 02/01/2013)

1 Text of Proposed Order Granting State Defendants' Motion to Dismiss

View on PACER

Feb. 1, 2013

Feb. 1, 2013

PACER
19

BRIEF/MEMORANDUM in Support re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Pollock, Dino) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

Clearinghouse
20

RESPONSE in Opposition re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiff COMMON CAUSE INDIANA. (Rose, Gavin) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

Clearinghouse
21

Unopposed MOTION for Extension of Time to March 4, 2013 to file reply to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Text of Proposed Order)(Joel, Kenneth) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
22

ORDER granting 21 Motion for Extension of Time to File Reply to 3/4/2013 re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . Signed by Magistrate Judge Debra McVicker Lynch on 2/20/2013. (TMA) (Entered: 02/21/2013)

Feb. 20, 2013

Feb. 20, 2013

PACER
23

Unopposed MOTION for Extension of Time to March 18, 2013 to file reply to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Text of Proposed Order)(Joel, Kenneth) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

PACER
24

ORDER granting 23 Motion for Extension of Time to File Reply to 3/18/2013 re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . Signed by Magistrate Judge Debra McVicker Lynch on 2/27/2013. (TMA) (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

PACER
25

STRICKEN PER 29 ORDER OF 3/22/13 *** PLEASE DISREGARD INCORRECT FILING***REPLY in Support of Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction pursuant to 12(b)(1) and 12(b)(6), filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Pollock, Dino) Modified on 3/19/2013 (PG). Modified on 3/22/2013 (TMA). (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER
26

STRICKEN PER 29 ORDER OF 3/22/13 ***PLEASE DISREGARD INCORRECT FILING. SEE 27 FOR CORRECTED FILING***REPLY in Support of Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Pursuant to 12(b)(1) and 12(b)(6), filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Pollock, Dino) Modified on 3/19/2013 (PG). Modified on 3/22/2013 (TMA). (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER
27

REPLY in Support of Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction CORRECTED REPLY, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Pollock, Dino) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

Clearinghouse
28

Unopposed MOTION to Strike Inadvertent Filings, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Strike Docket #25 and #26)(Pollock, Dino) (Entered: 03/20/2013)

March 20, 2013

March 20, 2013

PACER
29

ORDER granting 28 Motion to Strike Inadvertent Filings. Signed by Magistrate Judge Debra McVicker Lynch on 3/22/2013. (TMA) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

PACER
30

ORDER denying Defendant's 18 Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6). Signed by Judge Richard L. Young on 9/6/2013. (TMD) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

Clearinghouse
31

MOTION /Petition for Certification of Interlocutory Appeal Under 28 U.S.C. § 1292b and Motions to Amend Order and Stay Proceedings Pending Appeal, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Text of Proposed Order Granting State Defendants' Petition for Certification of Interlocutory Appeal and Motions to Amend Order and Stay Proceedings Pending Appeal)(Pollock, Dino) (Entered: 09/16/2013)

1 Text of Proposed Order Granting State Defendants' Petition for Certificatio

View on PACER

Sept. 16, 2013

Sept. 16, 2013

Clearinghouse
32

BRIEF/MEMORANDUM in Support re 31 MOTION /Petition for Certification of Interlocutory Appeal Under 28 U.S.C. § 1292b and Motions to Amend Order and Stay Proceedings Pending Appeal, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Pollock, Dino) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

Clearinghouse
33

RESPONSE in Opposition re 31 MOTION /Petition for Certification of Interlocutory Appeal Under 28 U.S.C. § 1292b and Motions to Amend Order and Stay Proceedings Pending Appeal, filed by Plaintiff COMMON CAUSE INDIANA. (Rose, Gavin) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

Clearinghouse
34

MOTION for Extension of Time to in which to 12 Amended Complaint, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Text of Proposed Order)(Joel, Kenneth) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

PACER
35

ORDER granting Defendants' 34 Motion for Extension of Time to File response to the Amended Complaint. The Defendants are granted an extension of time, of thirty (30) days after this Court's ruling on Defendants' Petition for Certification of Interlocutory Appeal to respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge Debra McVicker Lynch on 9/24/2013. (SWM) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
36

ORDER denying the State Defendant's 31 Motion for Certification of Interlocutory Appeal Under 28 U.S.C. § 1292b and Motions to Amend Order and Stay Proceedings Pending Appeal. Signed by Judge Richard L. Young on 11/7/2013. (TMD) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

Clearinghouse
37

ANSWER to 12 Amended Complaint for Declaratory and Injunctive Relief/Notice of Challenge to the Constitutionality of State Statute, filed by Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities.(Pollock, Dino) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

Clearinghouse
38

SCHEDULING ORDER: Initial Pretrial Conference set for 1/17/2014 10:00 AM (Eastern) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch (see Order for additional information). Signed by Magistrate Judge Debra McVicker Lynch on 12/11/2013.(SWM) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
39

MINUTE ORDER for proceedings held before Magistrate Judge Debra McVicker Lynch: Initial Pretrial Conference held on 1/17/2014. Upon the filing of a motion for summary judgment, counsel are directed to confer and file a proposed briefing schedule. Signed by Magistrate Judge Debra McVicker Lynch. (PG) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
40

MOTION for Summary Judgment, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit Indiana Election Commission's Response to Interrogatories, # 2 Exhibit Affidavit of Kandy Kendall, # 3 Exhibit Certified Documents from Marion Co. Clerk, # 4 Exhibit Governor of Indiana Response to Interrogatories, # 5 Exhibit Secretary of State Response to Interrogatories, # 6 Exhibit Affidavit of Julia Vaughn)(Falk, Kenneth) (Entered: 03/28/2014)

1 Exhibit Indiana Election Commission's Response to Interrogatories

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2 Exhibit Affidavit of Kandy Kendall

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3 Exhibit Certified Documents from Marion Co. Clerk

View on PACER

4 Exhibit Governor of Indiana Response to Interrogatories

View on PACER

5 Exhibit Secretary of State Response to Interrogatories

View on PACER

6 Exhibit Affidavit of Julia Vaughn

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March 28, 2014

March 28, 2014

PACER
41

BRIEF/MEMORANDUM in Support re 40 MOTION for Summary Judgment, filed by Plaintiff COMMON CAUSE INDIANA. (Falk, Kenneth) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
42

STIPULATION -JOINT PROPOSED BRIEFING SCHEDULE, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) Modified on 4/3/2014 (TMD). (Entered: 04/01/2014)

April 1, 2014

April 1, 2014

PACER
43

ORDER granting 42 Motion establishing briefing schedule. Response to cross-motion for summary judgment to be filed by 5/09/14. Plaintiffs' reply and any response to be filed, as on memoarndum, due 6/13/14 and Defendants' reply (if defendant files a cross-motion) shall be filed by 7/11/14. Signed by Judge Richard L. Young on 4/4/2014. (TMD) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
44

ORDER Establishing Briefing Schedule. Signed by Magistrate Judge Debra McVicker Lynch on 4/4/2014.(SWM) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
45

MOTION to Extend Briefing Schedule and to Allow the Filing of a Single Brief Responding to Plaintiff's Motion for Summary Judgment and Supporting Defendants' Motion for Summary Judgment, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Text of Proposed Order)(Joel, Kenneth) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
46

MOTION to Intervene, filed by Plaintiff Christopher K. Starkey. (Attachments: # 1 Text of Proposed Order)(Starkey, Christopher) (Entered: 05/02/2014)

1 Text of Proposed Order

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May 2, 2014

May 2, 2014

Clearinghouse
47

BRIEF/MEMORANDUM in Support re 46 MOTION to Intervene, filed by Plaintiff Christopher K. Starkey. (Starkey, Christopher) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

Clearinghouse
48

Intervenor COMPLAINT For Declaratory And Injunctive Relief, filed by Christopher K. Starkey.(Starkey, Christopher) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

Clearinghouse
49

ORDER granting 45 State Defendants' Motion to Extend Briefing - Defendants' response and any cross-motion for summary judgment is to be filed by May 23, 2014. Plaintiff's reply and any response to be file, as one memorandum, is to be filed by June 27, 2014. Defendants' reply, if Defendants file a cross-motion for summary judgment, is to be filed by July 25, 2014. Defendants are allowed to file a single brief responding to Plaintiff's Motion for Summary Judgment and supporting Defendants' Motion for Summary Judgment. Signed by Magistrate Judge Debra McVicker Lynch on 5/5/2014.(JKS) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
50

RESPONSE in Opposition re 46 MOTION to Intervene, filed by Plaintiff COMMON CAUSE INDIANA. (Falk, Kenneth) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

Clearinghouse
51

NOTICE of Correction, filed by Plaintiff COMMON CAUSE INDIANA (Falk, Kenneth) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
52

RESPONSE in Opposition re 46 MOTION to Intervene (filed by Christopher Starkey 05/02/2014), filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Pollock, Dino) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

Clearinghouse
53

Unopposed MOTION for Extension of Time to May 30, 2014 to file response to 40 MOTION for Summary Judgment and extend briefing schedule, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Text of Proposed Order)(Joel, Kenneth) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
54

ORDER granting 53 Motion for Extension of Time to File Response to Motion for Summary Judgment to 5/30/2014. Signed by Judge Richard L. Young on 5/22/2014. (TMD) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
55

First MOTION for Extension of Time to 06/05/2014 to file reply to 46 MOTION to Intervene, filed by Plaintiff Christopher K. Starkey. (Attachments: # 1 Text of Proposed Order)(Starkey, Christopher) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
56

ORDER granting Christopher K. Starkey's 55 Motion for Extension of Time to File Reply to 6/5/2014 re 46 MOTION to Intervene . Signed by Magistrate Judge Debra McVicker Lynch on 5/23/2014. (SWM) (Entered: 05/27/2014)

May 23, 2014

May 23, 2014

PACER
57

MOTION for Summary Judgment, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Text of Proposed Order)(Joel, Kenneth) (Entered: 05/30/2014)

1 Text of Proposed Order

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May 30, 2014

May 30, 2014

Clearinghouse
58

BRIEF/MEMORANDUM in Support re 57 MOTION for Summary Judgment, and in Opposition to 40 MOTION for Summary Judgment; filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Joel, Kenneth) Modified on 5/30/2014 (MAC). (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

Clearinghouse
59

***PLEASE DISREGARD INCOMPLETE DOCUMENTS REFER TO 60 ***Designation of Evidence re 57 MOTION for Summary Judgment, 40 MOTION for Summary Judgment, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Joel, Kenneth) Modified on 5/30/2014 (MAC). (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
60

Designation of Evidence re 57 MOTION for Summary Judgment, 40 MOTION for Summary Judgment, filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Attachments: # 1 Exhibit Exhibit 1 - Declaration of Public Record Custodian J. Bradley King, # 2 Exhibit Exhibit 2 - Declaration of Public Record Custodian Trent Deckard)(Joel, Kenneth) (Entered: 05/30/2014)

1 Exhibit Exhibit 1 - Declaration of Public Record Custodian J. Bradley King

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2 Exhibit Exhibit 2 - Declaration of Public Record Custodian Trent Deckard

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May 30, 2014

May 30, 2014

PACER
61

REPLY in Support of Motion re 46 MOTION to Intervene, filed by Plaintiff Christopher K. Starkey. (Starkey, Christopher) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

Clearinghouse
62

ORDER denying Christopher Starkey's 46 Motion to Intervene (see Order). Signed by Magistrate Judge Debra McVicker Lynch on 6/18/2014. (SWM) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

Clearinghouse
63

REPLY in Support of Motion re 40 MOTION for Summary Judgment and Response in Opposition to Defendants' 57 Cross-Motion for Summary Judgment, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Affidavit Supplemental-Julia Vaughn)(Falk, Kenneth) Modified on 7/1/2014 (TMD). (Entered: 06/19/2014)

1 Affidavit Supplemental-Julia Vaughn

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June 19, 2014

June 19, 2014

Clearinghouse
64

***PLEASE SEE CORRECTED FILING AT 65 *** Objection to 62 Magistrate Judge's Order Denying Intervention, filed by Plaintiff Christopher K. Starkey. (Starkey, Christopher) Modified on 7/1/2014 (ADH). Modified on 7/1/2014 (TMD). Modified on 7/1/2014 (TMD). (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
65

Appeal/ Objection To 62 Magistrate Judge's Order Denying Motion To Intervene, filed by Plaintiff Christopher K. Starkey. (Attachments: # 1 Brief in Support)(Starkey, Christopher) Modified on 7/1/2014 (ADH). Modified on 7/1/2014 (TMD). (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
66

REPLY in Support of Motion re 57 MOTION for Summary Judgment (State Defendants'), filed by Defendants Governor of the State of Indiana, in his official capacity, INDIANA SECRETARY OF STATE, Individual Members of the Indiana Election Commission, in their official capacities. (Joel, Kenneth) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

Clearinghouse
67

SCHEDULING ORDER: Telephonic Conference is set for 9/24/2014 at 2:00 PM before Judge Richard L. Young. The informationneeded to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 9/23/2014.(TMD) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

Clearinghouse
69

ORDER denying as moot Christopher Starkey's 65 Appeal of Magistrate Judge Decision denying motion to intervene. Signed by Judge Richard L. Young on 10/2/2014. (TMD) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

Clearinghouse
70

ORDER granting Common Cause's 40 Motion for Summary Judgment and denying Defendants' 57 Motion for Summary Judgment. Defendants are permanently enjoined from enforcing Indiana Code § 33-33-49-13. The court's ruling is hereby STAYED during the thirty-day period within which the Defendants may file a Notice of Appeal pursuant to Federal Rule of Appellate Procedure 4(a). If a Notice of Appeal is filed, the court's ruling is STAYED pending a final determination by the Seventh Circuit Court of Appeals. Signed by Judge Richard L. Young on 10/9/2014. (TMD) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

Clearinghouse
71

CLOSED JUDGMENT in favor of Plaintiff against Defendants. Signed by Judge Richard L. Young on 10/9/2014.(TMD) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

Clearinghouse
72

Unopposed MOTION for Extension of Time to 60 days after the Judgment, in the event that a notice of appeal is not filed in this case or, in the event that this matter is appealed, until 95 days after the Seventh Circuit issues its mandate in this case or the case is otherwise resolved in the Seventh Circuit, or 35 days after any proceedings in the United States Supreme Court are resolved, whichever is later. for Plaintiff to File for Attorneys' Fees and Costs, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
73

NOTICE of Appearance by Heather Hagan McVeigh on behalf of Defendants GOVERNOR OF THE STATE OF INDIANA, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (McVeigh, Heather) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
74

NOTICE of Appearance by Ashley Tatman Harwel on behalf of Defendants GOVERNOR OF THE STATE OF INDIANA, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Harwel, Ashley) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
75

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants GOVERNOR OF THE STATE OF INDIANA, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (Fisher, Thomas) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
76

NOTICE OF APPEAL as to 70 ENTRY on Parties' Cross Motions for Summary Judgment and 71 Closed Judgment, filed by Defendants GOVERNOR OF THE STATE OF INDIANA, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION. (No fee paid with this filing) (Fisher, Thomas) Modified on 10/17/2014 to create link to additional document (LBT). (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
77

DOCKETING STATEMENT by GOVERNOR OF THE STATE OF INDIANA, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION re 76 Notice of Appeal (Fisher, Thomas) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
78

SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 76 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (LBT) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

Clearinghouse
79

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 76 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
80

USCA Appeal Fees received $505.00 receipt number IP042944 re 76 Notice of Appeal filed by GOVERNOR OF THE STATE OF INDIANA, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE (DJH) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
81

USCA Case Number 14-3300 for 76 Notice of Appeal filed by GOVERNOR OF THE STATE OF INDIANA, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE. (LBT) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

Clearinghouse
82

ORDER granting 72 Motion for Extension of Time to File for attorney's fees and costs. Signed by Judge Richard L. Young on 10/27/2014. (TMD) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
83

DESIGNATION of Record on Appeal by GOVERNOR OF THE STATE OF INDIANA, INDIANA SECRETARY OF STATE, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION re 76 Notice of Appeal (Fisher, Thomas) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

Clearinghouse
84

Certified and Transmitted Record on Appeal to US Court of Appeals re 76 Notice of Appeal (USCA #14-3300). (Attachments: # 1 Pleadings, # 2 Notice to Transmit Record on Appeal)(JLM) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
85

Appeal Remark re 76 Notice of Appeal (USCA #14-3300) : Original record on appeal filed electronically by USCA. Contents of record : 1 vol. of pleadings. (LBT) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
86

MANDATE of USCA as to 76 Notice of Appeal filed by GOVERNOR OF THE STATE OF INDIANA, INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION, INDIANA SECRETARY OF STATE (USCA #14-3300) - The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (MAG) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
87

Unopposed MOTION for Extension of Time to February 3, 2016 to Petition for Attorneys' Fees and Costs, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) Modified on 12/30/2015 (NRN). (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
88

ORDER granting 87 Motion for Extension of Time to 2/3/2016 to file its petition for attorneys' fees and costs. Signed by Magistrate Judge Debra McVicker Lynch on 1/7/2016. (CBU) (Entered: 01/08/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER
89

Unopposed MOTION for Extension of Time to April 4, 2016 to Petition for Attorneys' Fees and Costs and Notice of Tentative Settlement, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/30/2016)

Jan. 30, 2016

Jan. 30, 2016

PACER
90

ORDER granting Plaintiff's 89 Motion for Extension of Time to File Petition for Attorney's Fees to 4/4/2016. Signed by Magistrate Judge Debra McVicker Lynch on 2/1/2016. (SWM) (Entered: 02/02/2016)

Feb. 1, 2016

Feb. 1, 2016

PACER
91

NOTICE of Resolution of Plaintiff's Claim for Attorneys' Fees and Costs, filed by Plaintiff COMMON CAUSE INDIANA (Falk, Kenneth) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

RECAP

Case Details

State / Territory: Indiana

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 1, 2012

Closing Date: April 6, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indiana affiliate of Common Cause, a non-profit, non-partisan public interest group that advocates in favor of ethics, good government, constitutional law, and elimination of barriers to voting.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Indiana Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Order Duration: 2014 - None

Issues

Voting:

Challenges to at-large/multimember district/election

Election administration

Voting: General & Misc.