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

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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 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)

Judge(s)

Young, Richard L. (Indiana)

Attorney for Plaintiff

Falk, Kenneth J. (Indiana)

Rose, Gavin Minor (Indiana)

Attorney for Defendant

Fisher, Thomas M. (Indiana)

Harwel, Ashley Tatman (Indiana)

Joel, Kenneth Lawson (Indiana)

McVeigh, Heather Hagan (Indiana)

Pollock, Dino L. (Indiana)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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
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
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
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 12284648
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

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Docket

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

Last updated July 2, 2026, 4:42 a.m.

Docket for: COMMON CAUSE INDIANA v. INDIANA SECRETARY OF STATE

ECF Number	Date	Description	Link
1	Nov. 1, 2012	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	Clearinghouse
2	Nov. 1, 2012	NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff COMMON CAUSE INDIANA. (Rose, Gavin) (Entered: 11/01/2012)	RECAP
3	Nov. 1, 2012	NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff COMMON CAUSE INDIANA. (Falk, Kenneth) (Entered: 11/01/2012)	RECAP
4	Nov. 1, 2012	MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MSD) (Entered: 11/01/2012)	RECAP
5	Nov. 1, 2012	Summons Issued as to INDIANA SECRETARY OF STATE. (MSD) (Entered: 11/01/2012)	RECAP
6	Nov. 14, 2012	NOTICE of Appearance by Kenneth Lawson Joel on behalf of Defendant INDIANA SECRETARY OF STATE. (Joel, Kenneth) (Entered: 11/14/2012)	RECAP
7	Nov. 14, 2012	NOTICE of Parties' First Extension of Time, filed by Defendant INDIANA SECRETARY OF STATE. (Joel, Kenneth) (Entered: 11/14/2012)	RECAP
8	Nov. 14, 2012	NOTICE of Appearance by Dino L. Pollock on behalf of Defendant INDIANA SECRETARY OF STATE. (Pollock, Dino) (Entered: 11/14/2012)	RECAP
9	Nov. 21, 2012	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)	RECAP
10	Dec. 20, 2012	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	Clearinghouse
11	Dec. 20, 2012	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)	Clearinghouse
12	Jan. 3, 2013	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 View on PACER 2 Proposed Summons to Governor View on PACER	Clearinghouse
13	Jan. 10, 2013	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)	RECAP
14	Jan. 10, 2013	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)	RECAP
15	Jan. 10, 2013	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)	RECAP
16	Jan. 11, 2013	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)	Clearinghouse
17	Jan. 11, 2013	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)	RECAP
18	Feb. 1, 2013	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	RECAP
19	Feb. 1, 2013	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)	Clearinghouse
20	Feb. 15, 2013	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)	Clearinghouse
21	Feb. 19, 2013	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)	RECAP
22	Feb. 20, 2013	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)	RECAP
23	Feb. 26, 2013	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)	RECAP
24	Feb. 27, 2013	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)	RECAP
25	March 18, 2013	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)	RECAP
26	March 18, 2013	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)	RECAP
27	March 18, 2013	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)	Clearinghouse
28	March 20, 2013	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)	RECAP
29	March 22, 2013	ORDER granting 28 Motion to Strike Inadvertent Filings. Signed by Magistrate Judge Debra McVicker Lynch on 3/22/2013. (TMA) (Entered: 03/22/2013)	RECAP
30	Sept. 6, 2013	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)	Clearinghouse
31	Sept. 16, 2013	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	Clearinghouse
32	Sept. 16, 2013	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)	Clearinghouse
33	Sept. 19, 2013	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)	Clearinghouse
34	Sept. 20, 2013	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)	RECAP
35	Sept. 24, 2013	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)	RECAP
36	Nov. 7, 2013	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)	Clearinghouse
37	Dec. 9, 2013	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)	Clearinghouse
38	Dec. 11, 2013	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)	RECAP
39	Jan. 22, 2014	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)	RECAP
40	March 28, 2014	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 View on PACER 2 Exhibit Affidavit of Kandy Kendall View on PACER 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 View on PACER	RECAP
41	March 28, 2014	BRIEF/MEMORANDUM in Support re 40 MOTION for Summary Judgment, filed by Plaintiff COMMON CAUSE INDIANA. (Falk, Kenneth) (Entered: 03/28/2014)	RECAP
42	April 1, 2014	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)	RECAP
43	April 4, 2014	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)	RECAP
44	April 4, 2014	ORDER Establishing Briefing Schedule. Signed by Magistrate Judge Debra McVicker Lynch on 4/4/2014.(SWM) (Entered: 04/04/2014)	RECAP
45	May 2, 2014	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)	RECAP
46	May 2, 2014	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 View on PACER	Clearinghouse
47	May 2, 2014	BRIEF/MEMORANDUM in Support re 46 MOTION to Intervene, filed by Plaintiff Christopher K. Starkey. (Starkey, Christopher) (Entered: 05/02/2014)	Clearinghouse
48	May 2, 2014	Intervenor COMPLAINT For Declaratory And Injunctive Relief, filed by Christopher K. Starkey.(Starkey, Christopher) (Entered: 05/02/2014)	Clearinghouse
49	May 5, 2014	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)	RECAP
50	May 13, 2014	RESPONSE in Opposition re 46 MOTION to Intervene, filed by Plaintiff COMMON CAUSE INDIANA. (Falk, Kenneth) (Entered: 05/13/2014)	Clearinghouse
51	May 13, 2014	NOTICE of Correction, filed by Plaintiff COMMON CAUSE INDIANA (Falk, Kenneth) (Entered: 05/13/2014)	RECAP
52	May 19, 2014	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)	Clearinghouse
53	May 20, 2014	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)	RECAP
54	May 22, 2014	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)	RECAP
55	May 22, 2014	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)	RECAP
56	May 23, 2014	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)	RECAP
57	May 30, 2014	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 View on PACER	Clearinghouse
58	May 30, 2014	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)	Clearinghouse
59	May 30, 2014	*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)	RECAP
60	May 30, 2014	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 View on PACER 2 Exhibit Exhibit 2 - Declaration of Public Record Custodian Trent Deckard View on PACER	RECAP
61	June 5, 2014	REPLY in Support of Motion re 46 MOTION to Intervene, filed by Plaintiff Christopher K. Starkey. (Starkey, Christopher) (Entered: 06/05/2014)	Clearinghouse
62	June 18, 2014	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)	Clearinghouse
63	June 19, 2014	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 View on PACER	Clearinghouse
64	June 30, 2014	*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)	RECAP
65	June 30, 2014	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)	RECAP
66	July 25, 2014	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)	Clearinghouse
67	Sept. 23, 2014	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)	Clearinghouse
69	Oct. 2, 2014	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)	Clearinghouse
70	Oct. 9, 2014	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 her eby 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)	Clearinghouse
71	Oct. 9, 2014	CLOSED JUDGMENT in favor of Plaintiff against Defendants. Signed by Judge Richard L. Young on 10/9/2014.(TMD)	Clearinghouse
72	Oct. 15, 2014	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)	RECAP
73	Oct. 17, 2014	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)	RECAP
74	Oct. 17, 2014	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)	RECAP
75	Oct. 17, 2014	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)	RECAP
76	Oct. 17, 2014	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)	RECAP
77	Oct. 17, 2014	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)	RECAP
78	Oct. 20, 2014	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)	Clearinghouse
79	Oct. 20, 2014	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)	RECAP
80	Oct. 20, 2014	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)	RECAP
81	Oct. 21, 2014	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)	Clearinghouse
82	Oct. 27, 2014	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)	RECAP
83	Oct. 27, 2014	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)	Clearinghouse
84	Feb. 4, 2015	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)	RECAP
85	Feb. 4, 2015	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)	RECAP
86	Oct. 1, 2015	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)	RECAP
87	Dec. 29, 2015	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)	RECAP
88	Jan. 7, 2016	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)	RECAP
89	Jan. 30, 2016	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)	RECAP
90	Feb. 1, 2016	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)	RECAP
91	April 6, 2016	NOTICE of Resolution of Plaintiff's Claim for Attorneys' Fees and Costs, filed by Plaintiff COMMON CAUSE INDIANA (Falk, Kenneth) (Entered: 04/06/2016)	RECAP

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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

State

Indiana Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

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

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Southern District of Indiana 1:12-cv-01603

U.S. Court of Appeals for the Seventh Circuit 14-03300

Available Documents:

Any published opinion

Complaint (any)

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Voting:

Challenges to at-large/multimember district/election

Election administration

Voting: General & Misc.

Recommended Citation

Case Summary of Common Cause Indiana v. Indiana Secretary of State, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/43713/ (last updated 11/28/2023).