Case: Judicial Watch, Inc. v. Grimes

3:17-cv-00094 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Nov. 14, 2017

Case Ongoing

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Case Summary

This case involved the Commonwealth of Kentucky's failure to comply with its voter list maintenance and record production obligations under Section 8 of the National Voter Registration Act of 1993 (NVRA), 52 U.S.C. §§ 2057, and its subsequent failure to adhere to the requirements of a consent judgment resolving the NVRA violations. On November 14, 2017, Judicial Watch, Inc., a non-partisan educational organization whose mission is to promote transparency, integrity, and acco…

On November 14, 2017, Judicial Watch, Inc., a non-partisan educational organization whose mission is to promote transparency, integrity, and accountability in government and fidelity to the rule of law, filed a Complaint against the Secretary of State of Kentucky and the Executive Director and members of the Kentucky State Board of Elections (SBE) in the United States District Court for the Eastern District of Kentucky. The case was assigned to District Judge Gregory F. Van Tatenhove. Judicial Watch was represented by its in-house counsel and three private law firms. As part of its mission, Judicial Watch regularly requests records from state and local governments pursuant to Section 8(i) of the NVRA. If it believes a jurisdiction is not complying with Section 8 of the NVRA, Judicial Watch will sue under 52 U.S.C. § 20510(b) to enforce the statute. The Complaint sought declaratory and injunctive relief to compel Kentucky to comply with its voter list maintenance obligations and its record production obligations required under Section 8 of the NVRA. Specifically, Judicial Watch alleged that Kentucky failed to fulfill its obligations under Section 8(a)(4) of the NVRA to conduct a general program that makes a reasonable effort to cancel the registrations of registrants who are ineligible to vote in Kentucky elections, and that Kentucky also failed to fulfill its obligations under Section 8(i) of the NVRA to make available to Judicial Watch “all records” within the past two years “concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters.”

The NVRA was enacted “to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office”, while “ensur[ing] that accurate and current voter registration rolls are maintained.” 52 U.S.C. 20501(b)(1), (4). The NVRA requires states to "conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters." 52 U.S.C. § 2057(a)(4). Section 8 of the NVRA prescribes the conditions under which registrants may be removed from voter registration lists and the procedures that must be followed before making those removals. In addition to other procedures, Section 8 requires that states conduct a general voter registration list maintenance program that makes a reasonable effort to remove persons from the voter list who have become ineligible by reason of death or a change in residence outside of the jurisdiction. These programs must be “uniform” and “nondiscriminatory,” and must comply with the Voting Rights Act.

In June of each odd-numbered year, the U.S. Election Assistance Commission (EAC) is required by law to release a report regarding state voter registration practices. 52 U.S.C. § 20508(a)(3). States are required to provide various kinds of data to the EAC for use in its biennial report. The data is supposed to include the "total number of registered voters statewide, including both 'active' and 'inactive' voters if such a distinction is made by the state," for the last two general federal elections. 11 C.F.R. § 9428.7(b)(1), (2). Kentucky law established an inactive list for those voters who failed to respond to a conformation notice. Ky. Rev. Stat. Ann. § 116.112(5). Whenever a jurisdiction has more voter registrations than individuals old enough to register -- in other words, a registration rate exceeding 100% of adult residents -- federal courts have recognized this as a strong indication that the jurisdiction is not taking the steps required by law to remove the registrations of ineligible registrants. In June 2017, the EAC published a report showing that Kentucky led every other state in the nation in the number of counties in which total registration is greater than the voting-age population. Specifically, 41 Kentucky counties had more registered voters than voting-age residents. Kentucky also led every other state in the nation in the number of counties in which total registration exceeds the citizen voting-age population. Specifically, the number of voter registrations exceeded the number of age-eligible citizens in 48 Kentucky counties, or 40% of all Kentucky counties. Kentucky as a whole had more statewide registrations than it has resident citizens of voting age. Kentucky was one of only three states in the nation with an active, statewide registration rate exceeding 100%. According to Judicial Watch, Kentucky's high registration rates indicated that it was not conducting a general program that makes a reasonable effort to cancel the registrations of ineligible registrants. Judicial Watch alleged that Kentucky failed to report to the EAC the number if its inactive registrations in violation of federal regulations. The NVRA also provides that no registration may be cancelled on the ground that a voter has moved elsewhere unless the registrant either confirms this fact in writing or fails to respond to an address-confirmation notice described by the statute (the "Confirmation Notice"). 52 U.S.C. 20507(d)(1). If no response is received to the confirmation notice, a registration may be cancelled but only following a statutory waiting period lasting at least two general federal elections. 52 U.S.C. § 2057(d)(1)(B)(ii) (the "Removal Period"). Judicial Watch alleged that Kentucky failed to report to the EAC the number of confirmation notices it sent during the previous two-year period in violation of federal regulations.

On April 11, 2017, Judicial Watch sent Kentucky an NVRA Section 8 notice of violation ("Notice Letter"). The Notice Letter asked Kentucky to identify the compliance steps Kentucky was taking to remedy its failings or to meet its obligations under Section 8 and to produce documents concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of Kentucky's eligible voter lists during the past two years. Kentucky responded to the Notice Letter but failed to identify the compliance steps it had taken and did not produce the requested documents.

On June 12, 2018, the United States filed an unopposed Motion to Intervene in the case. Later that month, on June 21, 2018, the court granted the motion and the United States filed an intervenor complaint. On the day the United States filed the Motion to intervene, the parties also filed a proposed agreed Consent Judgment, which the Court approved and entered on July 3, 2018. The proposed Consent Judgment stated that the Kentucky SBE was to develop and implement a general program of statewide voter list maintenance that makes a reasonable effort to remove from the statewide voter registration list the names of registrants who have become ineligible due to a change in residence in accord with section 8 of the NVRA, 52 U.S.C. § 20507. The Consent Judgment also required the SBE to prepare a Comprehensive Plan for the parties to review.

On October 10, 2019, Judicial Watch filed a Motion to Modify and Enforce the Consent Judgment due to Kentucky's alleged breach of the Consent Judgment. As detailed in a published opinion at 485 F.3d 831 (E.D. Ky. 2020), Judicial Watch argued that Kentucky breached the Consent Judgment soon after the Court signed it. Specifically, Kentucky failed to send notices to potentially ineligible registrants pursuant to Section 8(d)(2) of the NVRA before August 8, 2018. In fact, Kentucky did not send the notices until June of 2019, which meant the notices were not effective for the November 2020 general election. Kentucky responded that a date certain for sending the notices was not set forth in the Consent Judgment; rather, the date for sending these notices would be contained in the Comprehensive Plan, which had not been finalized.

On October 13, 2019, the Kentucky Democratic Party (KDP) sought to intervene in the case on the side of the plaintiffs. On January 28, 2020, the Court denied KDP's motion as untimely, so KDP was not permitted to intervene.

On September 9, 2020, the Court granted in part the Motion to Modify and Enforce the Consent Judgment, extending the terms of the Consent Judgment through March 31, 2025, on which date the agreement will terminate automatically unless the parties mutually agree to extend it or the Court determines that Kentucky has not achieved substantial compliance with its terms. The Court found that the Kentucky breached the Consent Judgment when it failed to timely send the Section 8(d)(2) notices. The Court agreed with Judicial Watch that it was appropriate for their oversight to cover a second removal period to ensure that Kentucky is in compliance with the NVRA moving forward. Kentucky did not oppose the extension and emphasized its determination to do whatever it takes to be in compliance with the Consent Judgment, while they are as transparent with Plaintiffs as possible. The Court found that an extension of the effect of the Consent Judgment until March 31, 2025, so as to include the November 2024 general federal election, was suitably tailored to address the breach of Defendants to ensure compliance with the Consent Judgment and NVRA moving forward in the future. The Court will continue to monitor the Consent Judgment until March 31, 2025.

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Summary Authors

Denise Gunter (11/25/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7227069/parties/judicial-watch-inc-v-adams/

Attorney for Plaintiff

Clay, Thomas E. (Kentucky)

Coates, H. Christopher (Kentucky)

Attorney for Defendant

Amato, Stephen Garrett (Kentucky)

Brown, Taylor Austin (Kentucky)

Expert/Monitor/Master/Other

Cooper, David G. (Kentucky)

Attorney for Plaintiff

Clay, Thomas E. (Kentucky)

Coates, H. Christopher (Kentucky)

Lee, Eric W. (Kentucky)

Nobile, T. Russell (Kentucky)

Popper, Robert D. (Kentucky)

Wohlander, Mark A. (Kentucky)

Attorney for Defendant

Amato, Stephen Garrett (Kentucky)

Brown, Taylor Austin (Kentucky)

Farris, Marc Griffin (Kentucky)

Manley, Marc (Kentucky)

Meyer, R. Kenyon (Kentucky)

Morgan, Daniel Luke (Kentucky)

Nolan, Brett Robert (Kentucky)

O'Gara, Daniel J. (Kentucky)

Scutchfield, Jennifer S. (Kentucky)

Wilson, Michael Rollin (Kentucky)

Yunker, Katherine K. (Kentucky)

Zellen, Lynn Sowards (Kentucky)

Expert/Monitor/Master/Other

Cooper, David G. (Kentucky)

Garrett, Jenigh J. (Kentucky)

Herren, T. Christian (Kentucky)

Rupp, Michelle Christine (Kentucky)

Russ, John Albert (Kentucky)

Whites, Anna S. (Kentucky)

Whites, Pierce B. (Kentucky)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:17-cv-00094	Plaintiff's Complaint	Nov. 14, 2017	Nov. 14, 2017 Complaint
32 3:17-cv-00094	Unopposed Motion to Intervene	June 12, 2018	June 12, 2018 Pleading / Motion / Brief
33 3:17-cv-00094	Joint Motion for Entry of Agreed Order	June 12, 2018	June 12, 2018 Pleading / Motion / Brief
35-1 3:17-cv-00094	Exhibit A to Complaint in Intervention	June 21, 2018	June 21, 2018 Other
34 3:17-cv-00094	Order Granting Motion to Intervene by United States	June 21, 2018	June 21, 2018 Order/Opinion
35 3:17-cv-00094	Complaint in Intervention	June 21, 2018	June 21, 2018 Complaint
39 3:17-cv-00094	Consent Judgment	July 3, 2018	July 3, 2018 Order/Opinion
45 3:17-cv-00094	Plaintiff Judicial Watch's Motion to Modify and Enforce the Consent Judgment	Oct. 10, 2019	Oct. 10, 2019 Pleading / Motion / Brief
46 3:17-cv-00094	Kentucky Democratic Party's Motion to Intervene and Response to Plaintiff Judicial Watch's Motion to Enforce and Modify the Consent Judgment	Oct. 13, 2019	Oct. 13, 2019 Pleading / Motion / Brief
55 3:17-cv-00094	United States' Statement in Support of Plaintiff Judicial Watch's Motion to Modify and Enforce the Consent Judgment	Nov. 6, 2019	Nov. 6, 2019 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7227069/judicial-watch-inc-v-adams/

Last updated Jan. 31, 2025, 6:19 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (Filing fee $400; receipt number 0643-3937710), filed by Judicial Watch, Inc. (Attachments: # 1 Exhibit A - Judicial Watch Violation Letter April 11, 2017, # 2 Exhibit B - Board of Elections Reply Letter April 25, 2017, # 3 Exhibit C - Board of Elections Reply Letter June 26, 2017, # 4 Civil Cover Sheet, # 5 Summons Michael Adams, # 6 Summons Donald W. Blevins, # 7 Summons Joshua G. Branscum, # 8 Summons Albert B. Chandler, # 9 Summons Alison Lundergan Grimes, # 10 Summons Mary Sue Helm, # 11 Summons Stephen Huffman, # 12 Summons George Russell)(CBD) (Entered: 11/14/2017) 1 Exhibit A - Judicial Watch Violation Letter April 11, 2017 View on PACER 2 Exhibit B - Board of Elections Reply Letter April 25, 2017 View on PACER 3 Exhibit C - Board of Elections Reply Letter June 26, 2017 View on PACER 4 Civil Cover Sheet View on PACER 5 Summons Michael Adams View on PACER 6 Summons Donald W. Blevins View on PACER 7 Summons Joshua G. Branscum View on PACER 8 Summons Albert B. Chandler View on PACER 9 Summons Alison Lundergan Grimes View on PACER 10 Summons Mary Sue Helm View on PACER 11 Summons Stephen Huffman View on PACER 12 Summons George Russell View on PACER	Nov. 14, 2017	Nov. 14, 2017 Clearinghouse
	Conflict Check	Nov. 14, 2017	Nov. 14, 2017 PACER
	Conflict Check run. (CBD)	Nov. 14, 2017	Nov. 14, 2017 PACER
3	Summons Issued as to Michael G. Adams, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Alison Lundergan Grimes, Mary Sue Helm, Stephen Huffman, George Russell; Summons issued and returned to counsel electronically (CBD) (Entered: 11/14/2017)	Nov. 14, 2017	Nov. 14, 2017 PACER
4	NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Mark Wohlander. 1 Complaint,, has been filed by Judicial Watch, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD) (Entered: 11/14/2017)	Nov. 14, 2017	Nov. 14, 2017 PACER
5	NOTICE OF FILING by Judicial Watch, Inc. re 4 Notice of Deficiency re: Rule 7.1 Disclosures, (Attachments: # 1 Exhibit A - Rule 7.1 Corporate Disclosure Statement for Judicial Watch, Inc.)(Wohlander, Mark) (Entered: 11/14/2017)	Nov. 14, 2017	Nov. 14, 2017 PACER
6	FIRST MOTION for Robert D. Popper to Appear Pro Hac Vice by Judicial Watch, Inc. ( Filing fee $125; receipt number 0643-3938197) (Attachments: # 1 Exhibit A - Certificate in Good Standing Robert D. Popper, # 2 Proposed Order For Robert D. Popper to Appear Pro Hac Vice)(Wohlander, Mark) (Entered: 11/14/2017)	Nov. 14, 2017	Nov. 14, 2017 PACER
	BAR STATUS Check completed as to Robert D. Popper re 6 FIRST MOTION for Robert D. Popper to Appear Pro Hac Vice by Judicial Watch, Inc. ( Filing fee $125; receipt number 0643-3938197). (CBD)	Nov. 15, 2017	Nov. 15, 2017 PACER
	Bar Status Check completed	Nov. 15, 2017	Nov. 15, 2017 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 6 FIRST MOTION for Robert D. Popper to Appear Pro Hac Vice by Judicial Watch, Inc. ( Filing fee $125; receipt number 0643-3938197) (CBD)	Nov. 15, 2017	Nov. 15, 2017 PACER
	Motion Submitted	Nov. 15, 2017	Nov. 15, 2017 PACER
7	NOTICE OF FILING by Judicial Watch, Inc. of Receipts of Service for Defendants Alison Lundergan Grimes, Michael C. Adams, Joshua G. Branscum, George Russell, Mary Sue Helm, Albert B. Chandler, Donald Blevins, and Stephen Huffman (Attachments: # 1 Exhibit Receipts of Service for Defendants)(Wohlander, Mark) (Entered: 11/26/2017)	Nov. 26, 2017	Nov. 26, 2017 PACER
8	ORDER: 1. Plf's Mtn for Admission Pro Hac Vice 6 is DENIED; and 2. Within 10 days of this Order, Mr. Popper may file corrective pleadings. Signed by Judge Gregory F. VanTatenhove on 11/27/2017. (AKR)cc: COR (Entered: 11/27/2017)	Nov. 27, 2017	Nov. 27, 2017 PACER
9	NOTICE OF FILING by Judicial Watch, Inc. of Receipt of Service for George Russell (Attachments: # 1 Exhibit A - Receipt of Service for Defendant Russell)(Wohlander, Mark) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
10	NOTICE OF FILING by Judicial Watch, Inc. of Receipt of Service for Stephen Huffman (Attachments: # 1 Exhibit A - Receipt of Service for Defendant Huffman)(Wohlander, Mark) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
11	NOTICE OF FILING by Judicial Watch, Inc. of Receipt of Service for Mary Sue Helm (Attachments: # 1 Exhibit A - Receipt of Service for Defendant Helm)(Wohlander, Mark) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
12	NOTICE OF FILING by Judicial Watch, Inc. of Receipt of Service for Alison Lundergan Grimes (Attachments: # 1 Exhibit A - Receipt of Service for Defendant Grimes)(Wohlander, Mark) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
13	NOTICE OF FILING by Judicial Watch, Inc. of Receipt of Service for Albert Chandler (Attachments: # 1 Exhibit A - Receipt of Service for Defendant Chandler)(Wohlander, Mark) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
14	NOTICE OF FILING by Judicial Watch, Inc. of Receipt of Service for Joshua Branscum (Attachments: # 1 Exhibit A - Receipt of Service for Defendant Branscum)(Wohlander, Mark) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
15	NOTICE OF FILING by Judicial Watch, Inc. of Receipt of Service for Donald Blevins (Attachments: # 1 Exhibit A - Receipt of Service for Defendant Blevins)(Wohlander, Mark) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
16	NOTICE OF FILING by Judicial Watch, Inc. of Receipt of Service for Michael Adams (Attachments: # 1 Exhibit A - Receipt of Service for Defendant Adams)(Wohlander, Mark) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
17	NOTICE OF FILING by Judicial Watch, Inc. re 8 Order on Motion to Appear Pro Hac Vice Corrected pleading pursuant to Court's Order DE 8 (Attachments: # 1 Exhibit A - Motion to Admit Robert D. Popper pro hac vice, # 2 Exhibit B - Certificate in Good Standing for Robert D. Popper, # 3 Exhibit C - Declaration of Robert D. Popper, # 4 Exhibit D - Payment Confirmation for Robert D. Popper pro hac vice motion, # 5 Proposed Order for pro hac vice Motion to Admit Robert D. Popper)(Wohlander, Mark) (Entered: 11/30/2017)	Nov. 30, 2017	Nov. 30, 2017 PACER
	File Submitted	Nov. 30, 2017	Nov. 30, 2017 PACER
	***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 17 Notice of Filing corrected motion to admit pro hac vice of Robert D. Popper. (AKR)	Nov. 30, 2017	Nov. 30, 2017 PACER
18	ORDER: 1. The Plaintiff's Motion for Admission Pro Hac Vice [R. 17] is GRANTED; and 2. Robert D. Popper is admitted pro hac vice as counsel for Plaintiffs in the above-styled action. Signed by Judge Gregory F. VanTatenhove on 12/12/2017.(AKR)cc: COR, paper copy to Mr. Popper with ECF Registration Form (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
19	NOTICE TO ATTORNEY H. Christopher Coates by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: # 1 ECF Registration, # 2 Attorney Admission Packet, # 3 Attorney PHV Rule)(AKR) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
20	ANSWER to 1 Complaint,, by Michael G. Adams, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Alison Lundergan Grimes, Mary Sue Helm, Stephen Huffman, George Russell.(Amato, Stephen) (Entered: 12/15/2017)	Dec. 15, 2017	Dec. 15, 2017 PACER
	***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 20 Answer to Complaint. (AKR)	Dec. 18, 2017	Dec. 18, 2017 PACER
	File Submitted	Dec. 18, 2017	Dec. 18, 2017 PACER
21	ORDER FOR MEETING AND REPORT: (Rule 26 Meeting Report due by 1/29/2018) (See order for completeness). Signed by Judge Gregory F. VanTatenhove on 12/18/2017. (Attachments: # 1 Magistrate Judge Consent Form)(AKR)cc: COR (Entered: 12/19/2017)	Dec. 18, 2017	Dec. 18, 2017 PACER
22	FIRST MOTION for H. Christopher Coates to Appear Pro Hac Vice by Judicial Watch, Inc. ( Filing fee $125; receipt number 0643-3969517) (Attachments: # 1 Exhibit A - Certificate in Good Standing Supreme Court of South Carolina, # 2 Exhibit B - Declaration of H. Christopher Coates, # 3 Proposed Order for Motion Pro Hac Vice H. Christopher Coates)(Wohlander, Mark) (Entered: 12/29/2017)	Dec. 29, 2017	Dec. 29, 2017 PACER
	Bar Status Check completed	Dec. 29, 2017	Dec. 29, 2017 PACER
23	FIRST MOTION for Eric W. Lee to Appear Pro Hac Vice by Judicial Watch, Inc. ( Filing fee $125; receipt number 0643-3969518) (Attachments: # 1 Exhibit A - Certificate in Good Standing District of Columbia for Eric W. Lee, # 2 Exhibit B - Declaration of Eric W. Lee, # 3 Proposed Order for Motion Pro Hac Vice Eric W. Lee)(Wohlander, Mark) (Entered: 12/29/2017)	Dec. 29, 2017	Dec. 29, 2017 PACER
	Motion Submitted	Dec. 29, 2017	Dec. 29, 2017 PACER
	BAR STATUS Check completed as to H. Christopher Coates re 22 FIRST MOTION for H. Christopher Coates to Appear Pro Hac Vice by Judicial Watch, Inc. ( Filing fee $125; receipt number 0643-3969517). (AKR)	Dec. 29, 2017	Dec. 29, 2017 PACER
	Add and Terminate Attorneys	Dec. 29, 2017	Dec. 29, 2017 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 22 FIRST MOTION for H. Christopher Coates to Appear Pro Hac Vice by Judicial Watch, Inc. ( Filing fee $125; receipt number 0643-3969517). (AKR)	Dec. 29, 2017	Dec. 29, 2017 PACER
	Attorney Update. Attorney Eric W. Lee for Judicial Watch, Inc. added. (AKR)	Dec. 29, 2017	Dec. 29, 2017 PACER
	BAR STATUS Check completed as to Eric W. Lee re 23 FIRST MOTION for Eric W. Lee to Appear Pro Hac Vice by Judicial Watch, Inc. ( Filing fee $125; receipt number 0643-3969518). (AKR)	Jan. 2, 2018	Jan. 2, 2018 PACER
	Bar Status Check completed	Jan. 2, 2018	Jan. 2, 2018 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 23 FIRST MOTION for Eric W. Lee to Appear Pro Hac Vice by Judicial Watch, Inc. ( Filing fee $125; receipt number 0643-3969518). (AKR)	Jan. 2, 2018	Jan. 2, 2018 PACER
	Motion Submitted	Jan. 2, 2018	Jan. 2, 2018 PACER
24	ORDER: 1. The Plaintiff's Motions for Admission Pro Hac Vice [R. 22; R. 23] are GRANTED; 2. H. Christopher Coates is admitted pro hac vice as counsel for Plaintiffs in the above-styled action; and 3. Eric W. Lee is admitted pro hac vice as counsel for Plaintiffs in the above-styled action. Signed by Judge Gregory F. VanTatenhove on 1/3/2018. (AKR)cc: COR, paper copy to attys Coates and Lee via US Mail with ECF registration form (Entered: 01/04/2018)	Jan. 3, 2018	Jan. 3, 2018 PACER
25	JOINT REPORT of Rule 26(f) Planning Meeting. (Yunker, Katherine) (Entered: 01/26/2018)	Jan. 26, 2018	Jan. 26, 2018 PACER
	***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 25 Joint Report of Rule 26(f) Planning Meeting. (AKR)	Jan. 29, 2018	Jan. 29, 2018 PACER
	File Submitted	Jan. 29, 2018	Jan. 29, 2018 PACER
26	SCHEDULING ORDER: Amended Pleadings/Mtn to Join Add'l parties due by 3/29/2018. All fact and expert Discovery due by 12/14/2018. Dispositive Motions due by 1/25/2019. Case referred to Magistrate Judge Edward B. Atkins (SEE Order for completeness). Signed by Judge Gregory F. VanTatenhove on 1/31/2018.(AKR)cc: COR (Entered: 01/31/2018)	Jan. 31, 2018	Jan. 31, 2018 PACER
27	CONSENT MOTION Alternative Dispute Resolution per LR 16.2 by Judicial Watch, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Popper, Robert) (Entered: 03/30/2018)	March 30, 2018	March 30, 2018 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 27 UNOPPOSED CONSENT MOTION Alternative Dispute Resolution per LR 16.2 by Judicial Watch, Inc. (CBD)	April 2, 2018	April 2, 2018 PACER
	Motion Submitted	April 2, 2018	April 2, 2018 PACER
28	ORDER: this matter shall come before the Court for a TELEPHONE CONFERENCE on 4/6/2018 at 01:00 PM. Counsel shall access the conference by calling AT&T Teleconferencing. Signed by Magistrate Judge Edward B. Atkins on 4/2/2017.(CBD)cc: COR, Pike D (Entered: 04/02/2018)	April 2, 2018	April 2, 2018 PACER
29	MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 4/6/2018, before Magistrate Judge Edward B. Atkins: (1) Joint Mtn for settlement conference 27 is GRANTED, & matter will come before the undersigned for a SETTLEMENT CONFERENCE on Tuesday, 5/8/2018 at 9:30 AM in US Courthouse in LEXINGTON, KY; Parties are to comply with paragraphs (2) through (5). (Court Reporter None.). Signed by Magistrate Judge Edward B. Atkins on 4/6/2018. Signed by Edward B. Atkins. (AKR)cc: COR, Lex diary (Entered: 04/06/2018)	April 6, 2018	April 6, 2018 PACER
30	ORDER: (1) The settlement conference previously scheduled for Tuesday, 5/8/18 at 9:30 am in Lexington, KY, is CANCELLED; (2) A SETTLEMENT CONFERENCE is SCHEDULED for Friday, 6/8/2018 at 9:30 AM in the U.S. Courthouse, PIKEVILLE, KY; Parties are to comply with paragraphs (3) through (6). Signed by Magistrate Judge Edward B. Atkins on 5/2/2018.(AKR)cc: COR, Lex diary, Pike diary (Entered: 05/02/2018)	May 2, 2018	May 2, 2018 PACER
31	ORDER: that the settlement conference previously scheduled for Friday, June 8, 2018, at 9:30 a.m. in Pikeville, Kentucky, [R. 30], is CANCELLED to be rescheduled for a later date. Signed by Magistrate Judge Edward B. Atkins on 5/29/2018.(AKR)cc: COR, Pike diary (Entered: 05/29/2018)	May 29, 2018	May 29, 2018 PACER
32	CONSENT MOTION to Intervene by United States of America Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit 1 - Proposed Complaint in Intervention, # 2 Exhibit 2 - Proposed Order)(Cooper, David) (Entered: 06/12/2018) 1 Exhibit 1 - Proposed Complaint in Intervention View on PACER 2 Exhibit 2 - Proposed Order View on PACER	June 12, 2018	June 12, 2018 Clearinghouse
33	JOINT MOTION to Approve Consent Judgment by United States of America on behalf of all parties. (Attachments: # 1 Proposed Agreed Order)(Cooper, David) (Entered: 06/12/2018) 1 Proposed Agreed Order View on PACER	June 12, 2018	June 12, 2018 Clearinghouse
	***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 32 CONSENT MOTION to Intervene by United States of America . (AKR)	June 13, 2018	June 13, 2018 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 33 JOINT MOTION to Approve Consent Judgment by United States of America on behalf of all parties. (AKR)	June 13, 2018	June 13, 2018 PACER
	Motion Submitted	June 13, 2018	June 13, 2018 PACER
	Attorney Update. Attorney T. Christopher Herron,John Albert Russ, IV,Michelle Christine Rupp for United States of America added. (CBD)	June 13, 2018	June 13, 2018 PACER
	Add and Terminate Attorneys	June 13, 2018	June 13, 2018 PACER
34	ORDER: Upon consideration and for good cause shown, the United States' Motion 32 to Intervene is GRANTED. The United States shall file its Complaint in Intervention as expeditiously as possible. Signed by Magistrate Judge Edward B. Atkins on 6/21/2018. (CBD)cc: COR (Entered: 06/21/2018)	June 21, 2018	June 21, 2018 PACER
	Clerk's Note	June 21, 2018	June 21, 2018 PACER
35	Intervenor COMPLAINT, filed by USA. Filed per Order 34 (Attachments: # 1 Exhibit Confirmation notices sent during the 2013-2014 election cycle, as requested by the EAC)(CBD) (Entered: 06/21/2018)	June 21, 2018	June 21, 2018 PACER
	Clerk's Note re 35 Intervenor Complaint: The Clerk notes an Intervening Complaint was filed; however, no summons were provided to the Clerk for issuance. If you desire summons to be issued, the forms are available on the Courts website, www.kyed.uscourts.gov. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a Notice of Filing with the prepared summons as an attachment within 7 calendar days. (CBD)	June 21, 2018	June 21, 2018 PACER
36	NOTICE OF MANDATORY ECF DIRECTED TO T. Christian Herren, Jr., a non-regsitered attorney re 34 Order on Motion to Intervene, had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR, Herren via US Mail w/ an ECF Reg. Form (CBD) (Entered: 06/21/2018)	June 21, 2018	June 21, 2018 PACER
37	WAIVER OF SERVICE Returned Executed by USA. Commonwealth of Kentucky waiver sent on 6/12/2018. (Cooper, David) (Entered: 06/21/2018)	June 21, 2018	June 21, 2018 PACER
38	WAIVER OF SERVICE Returned Executed by USA. State Board of Elections, Commonwealth of Kentucky waiver sent on 6/12/2018. (Cooper, David) (Entered: 06/21/2018)	June 21, 2018	June 21, 2018 PACER
39	CONSENT JUDGMENT: As indicated by the proposed order, the parties, through counsel, have conferred and agreed that this action should be settled without the delay and expense of litigation. [33.] The parties share the goals of (1) improving the accuracy of voter registration records through a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of registered voters and (2) ensuring that Kentucky residents are not removed from official lists of registered voters absent the procedural safeguards set forth in the NVRA. Accordingly, the parties have negotiated in good faith and hereby agree to the entry of this Agreed Order as an appropriate resolution. This Agreed Order shall remain in effect through October 31, 2023, on which date the agreement will terminate automatically unless the parties mutually agree to extend it or the Court determines that the Defendants have not achieved substantial compliance with its terms. Until the termination of this Agreed Order, the Court shall retain jurisdiction over this action to enter such further relief as may be necessary for the effectuation of the terms of this Agreed Order. Signed by Judge Gregory F. Van Tatenhove on 7/3/2018.(CBD)cc: COR (Entered: 07/03/2018)	July 3, 2018	July 3, 2018 Clearinghouse
40	MOTION to Withdraw as Attorney by Alison Lundergan Grimes, Allison Lundergan Grimes Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit 1 - Consent to Withdrawal, # 2 Proposed Order)(Zellen, Lynn) (Entered: 12/19/2018)	Dec. 19, 2018	Dec. 19, 2018 PACER
	Motion Submitted	Dec. 19, 2018	Dec. 19, 2018 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 40 MOTION to Withdraw as Attorney by Alison Lundergan Grimes, Allison Lundergan Grimes (CBD)	Dec. 19, 2018	Dec. 19, 2018 PACER
41	ORDER: This matter is before the Court on the Motion 40 of Lynn Sowards Zellen to withdraw as co-counsel of record for Defendant Alison Lundergan Grimes. The Court hereby GRANTS the Motion. Signed by Magistrate Judge Edward B. Atkins on 12/19/2018. (CBD)cc: COR (Entered: 12/19/2018)	Dec. 19, 2018	Dec. 19, 2018 PACER
42	NOTICE OF APPEARANCE by Alison Lundergan Grimes. (Meyer, R.) (Entered: 03/01/2019)	March 1, 2019	March 1, 2019 PACER
43	MOTION to Withdraw as Attorney by USA Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Rupp, Michelle) (Entered: 09/18/2019)	Sept. 18, 2019	Sept. 18, 2019 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 43 MOTION to Withdraw as Attorney by USA (CBD)	Sept. 19, 2019	Sept. 19, 2019 PACER
	Motion Submitted	Sept. 19, 2019	Sept. 19, 2019 PACER
44	ORDER: the Motion 43 of Plaintiff-Intervenor the United States of America to withdraw David G. Cooper as co-counsel of record is GRANTED. Signed by Magistrate Judge Edward B. Atkins on 9/19/2019. (CBD)cc: COR (Entered: 09/19/2019)	Sept. 19, 2019	Sept. 19, 2019 PACER
45	MOTION to Modify and Enforce the 39 Consent Judgment by Judicial Watch, Inc. (Attachments: # 1 Popper Declaration, # 2 Ex. 1 - Defendants' Response to Plaintiff's First Set of Interrogatories, Dated March 9, 2018, # 3 Ex. 2 - Defendants' 2018 Comprehensive Plan, # 4 Ex. 3 - Plaintiff Judicial Watch's Response to Defendants' 2018 Comprehensive Plan, # 5 Ex. 4 - Plaintiff United State' Response to Defendants' 2018 Comprehensive Plan, # 6 Ex. 5 - Defendants' Response Letter to Plaintiffs' Objections to the Comprehensive Plan, Dated October 11, 2018, # 7 Ex. 6 - Plaintiff United States' Sur-Reply to Defendants' 2018 Comprehensive Plan, # 8 Ex. 7 - Email Chain Between Parties, Dated May 28, 2019 June 3, 2019, # 9 Ex. 8 - Email Chain Between Parties, Dated June 7, 2019 June 14, 2019, # 10 Ex. 9 - Kentucky Democrat Party Letter, Dated September 16, 2019, # 11 Ex. 10 - Defendant Grimes' Letter to the Kentucky State Board of Elections, Dated September 20, 2019, # 12 Ex. 11 - Defendant Grimes' Twitter Statement, Dated October 1, 2019, # 13 Ex. 12 - Kentucky Democrat Party Complaint for Declaratory and Injunctive Relief, Filed October 10, 2019, # 14 Proposed Order)(Popper, Robert) Modified on 10/11/2019 (SCD). (Entered: 10/10/2019) 1 Popper Declaration View on PACER 2 Ex. 1 - Defendants' Response to Plaintiff's First Set of Interrogatori View on PACER 3 Ex. 2 - Defendants' 2018 Comprehensive Plan View on PACER 4 Ex. 3 - Plaintiff Judicial Watch's Response to Defendants' 2018 Compre View on PACER 5 Ex. 4 - Plaintiff United State' Response to Defendants' 2018 Comprehen View on PACER 6 Ex. 5 - Defendants' Response Letter to Plaintiffs' Objections to the C View on PACER 7 Ex. 6 - Plaintiff United States' Sur-Reply to Defendants' 2018 Compreh View on PACER 8 Ex. 7 - Email Chain Between Parties, Dated May 28, 2019 June 3, 2019 View on PACER 9 Ex. 8 - Email Chain Between Parties, Dated June 7, 2019 June 14, 2019 View on PACER 10 Ex. 9 - Kentucky Democrat Party Letter, Dated September 16, 2019 View on PACER 11 Ex. 10 - Defendant Grimes' Letter to the Kentucky State Board of Elections, View on PACER 12 Ex. 11 - Defendant Grimes' Twitter Statement, Dated October 1, 2019 View on PACER 13 Ex. 12 - Kentucky Democrat Party Complaint for Declaratory and Injunctive Relief View on PACER 14 Proposed Order View on PACER	Oct. 10, 2019	Oct. 10, 2019 Clearinghouse
	NOTICE OF DOCKET MODIFICATION TO Robert Popper re 45 MOTION to Modify and Enforce the 39 Consent Judgment: Error: attachments were insufficiently described as "Exhibit 1," "Exhibit 2." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (SCD)	Oct. 11, 2019	Oct. 11, 2019 PACER
	Notice of Docket Modification	Oct. 11, 2019	Oct. 11, 2019 PACER
46	FIRST MOTION to Intervene by Kentucky Democratic Party Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order Order Granting Right to Intervene)(Whites, Anna) (Entered: 10/13/2019) 1 Proposed Order Order Granting Right to Intervene View on PACER	Oct. 13, 2019	Oct. 13, 2019 RECAP
47	FIRST MOTION for T. Russell Nobile to Appear Pro Hac Vice by Judicial Watch, Inc. Pursuant to LR 83.2(a) ( Filing fee $125; receipt number 0643-4497395)Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit A - T. Russell Nobile Certificate in Good Standing Mississippi, # 2 Exhibit B - Declaration of T. Russell Nobile in Support of Motion for Admission Pro Hac Vice, # 3 Proposed Order C - Proposed Order for Motion for Admission Pro Hac Vice of T. Russell Nobile)(Wohlander, Mark) (Entered: 10/20/2019)	Oct. 20, 2019	Oct. 20, 2019 PACER
	BAR STATUS Check completed as to T. Russell Nobile re 47 FIRST MOTION for T. Russell Nobile to Appear Pro Hac Vice by Judicial Watch, Inc. Pursuant to LR 83.2(a). (JJ)	Oct. 21, 2019	Oct. 21, 2019 PACER
	Bar Status Check completed	Oct. 21, 2019	Oct. 21, 2019 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 47 FIRST MOTION for T. Russell Nobile to Appear Pro Hac Vice by Judicial Watch, Inc. Pursuant to LR 83.2(a) ( Filing fee $125; receipt number 0643-4497395) (JJ)	Oct. 21, 2019	Oct. 21, 2019 PACER
	Motion Submitted	Oct. 21, 2019	Oct. 21, 2019 PACER
48	VIRTUAL ORDER: Granting 47 FIRST MOTION for T. Russell Nobile to Appear Pro Hac Vice by Judicial Watch, Inc. Pursuant to LR 83.2(a). Signed by Magistrate Judge Edward B. Atkins on 10/22/2019. (RCB)cc: COR, Nobile w/ECF Registration Form via U.S. mail (Entered: 10/22/2019)	Oct. 22, 2019	Oct. 22, 2019 PACER
49	MOTION for Extension of Time to respond to Plaintiff Judicial Watchs Motion to Modify and Enforce the Consent Judgment by USA (unopposed) Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Rupp, Michelle) Modified text on 10/25/2019 (CBD). (Entered: 10/24/2019)	Oct. 24, 2019	Oct. 24, 2019 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 49 MOTION for Extension of Time to respond to Plaintiff Judicial Watchs Motion to Modify and Enforce the Consent Judgment by USA (unopposed) (CBD)	Oct. 25, 2019	Oct. 25, 2019 PACER
	Motion Submitted	Oct. 25, 2019	Oct. 25, 2019 PACER
50	ORDER: The Court GRANTS 49 Motion for Extension of Time. USA response is due 11/6/2019. Dfts' responses are due 11/18/2019. Judicial Watch's reply is due 12/4/2019. Signed by Magistrate Judge Edward B. Atkins on 10/25/2019. (SCD)cc: COR (Entered: 10/25/2019)	Oct. 25, 2019	Oct. 25, 2019 PACER
51	NOTICE of Appearance for Jenigh J. Garrett on behalf of USA. (Rupp, Michelle) Modified on 11/4/2019 (SCD). (Entered: 11/04/2019)	Nov. 4, 2019	Nov. 4, 2019 PACER
52	RESPONSE in Opposition re 46 FIRST MOTION to Intervene by Kentucky Democratic Party filed by Judicial Watch, Inc.. (Attachments: # 1 Ex 1 - Nobile Declaration, # 2 Ex 2 - Sep 20, 2019 letter to SBE, # 3 Ex 3 - Oct 15, 2019 records request, # 4 Ex 4 - Oct. 24, 2019 response to records request, # 5 Ex 5 - Def. Grimes annotated Answer, # 6 Ex 6 - KDP annotated Complaint, # 7 Ex 7 - Transcript in KDP v Grimes, # 8 Ex 8 - Order in Stumbo v Ky, # 9 Ex 9 - Proposed Order)(Popper, Robert) (Entered: 11/04/2019)	Nov. 4, 2019	Nov. 4, 2019 PACER
53	RESPONSE in Opposition re 46 FIRST MOTION to Intervene by Kentucky Democratic Party filed by USA. (Attachments: # 1 Exhibit Ex 1_Declaration of John Albert Russ IV, # 2 Exhibit Ex 2_06.28.2017 letter, # 3 Exhibit Ex 3_KY EAC survey response exceprts, # 4 Exhibit Ex 4_EAC report excerpts, # 5 Exhibit Ex 5_01.24.2018 letter, # 6 Exhibit Ex 6_news articles, # 7 Exhibit Ex 7_06.22.2018 email, # 8 Exhibit Ex 8_07.09.2018 email, # 9 Exhibit Ex 9_08.27.2018 article, # 10 Exhibit Ex. 10_08.27.2018 letter, # 11 Exhibit Ex. 11_10.02.2018 article, # 12 Exhibit Ex. 12_08.17.2018 SBE plan, # 13 Exhibit Ex. 13_09.17.2018 letter, # 14 Exhibit Ex. 14_10.11.2018 letter, # 15 Exhibit Ex. 15_10.17.2018 letter, # 16 Exhibit Ex. 16_HB 114, # 17 Exhibit Ex. 17_news articles, # 18 Exhibit Ex. 18_US Statement of Interest, # 19 Exhibit Ex. 19_KDP v SBE order, # 20 Exhibit Ex. 20_10.15.2019 letter, # 21 Exhibit Ex. 21_10.17.2019 letter)(Rupp, Michelle) (Entered: 11/04/2019)	Nov. 4, 2019	Nov. 4, 2019 PACER
	BAR STATUS Check completed as to Jenigh J. Garrett re 51 Notice of Appearance. (CBD)	Nov. 5, 2019	Nov. 5, 2019 PACER
	Bar Status Check completed	Nov. 5, 2019	Nov. 5, 2019 PACER
54	REPLY BRIEF to 52, 46, 53 filed by Kentucky Democratic Party. (Attachments: # 1 Exhibit Emails between parties, Nov. 2019, # 2 Exhibit Letter from SBE counsel to KDP counsel, 10/30/19, # 3 Exhibit Pages from transcript of SBE/RPK meeting)(Whites, Anna) (Entered: 11/06/2019) 1 Exhibit Emails between parties, Nov. 2019 View on PACER 2 Exhibit Letter from SBE counsel to KDP counsel, 10/30/19 View on PACER 3 Exhibit Pages from transcript of SBE/RPK meeting View on PACER	Nov. 6, 2019	Nov. 6, 2019 PACER
	Motion Submitted	Nov. 6, 2019	Nov. 6, 2019 PACER
	***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 46 FIRST MOTION to Intervene by Kentucky Democratic Party (CBD) Modified text on 11/7/2019 (CBD).	Nov. 6, 2019	Nov. 6, 2019 PACER