Case: Public Interest Legal Foundation Inc v. Sandvoss

3:20-cv-03190 | U.S. District Court for the Central District of Illinois

Filed Date: July 27, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

The Plaintiff in this case alleged that Illinois Code Chapter 10 Section 5/1A-25 violated the National Voter Registration Act (NVRA) based on requester's inability to view or copy a statewide voter registration list in full. While the NVRA mandates that the Illinois State Board of Elections (the “Board”) make the statewide voter registration list both available for inspection and available for photocopying at a reasonable cost, Section 5/1A-25 explicitly prohibits any printing, duplication, or …

The Plaintiff in this case alleged that Illinois Code Chapter 10 Section 5/1A-25 violated the National Voter Registration Act (NVRA) based on requester's inability to view or copy a statewide voter registration list in full. While the NVRA mandates that the Illinois State Board of Elections (the “Board”) make the statewide voter registration list both available for inspection and available for photocopying at a reasonable cost, Section 5/1A-25 explicitly prohibits any printing, duplication, or transmission of the same list.

Previously, Plaintiff Public Interest Legal Foundation (the “Foundation”) sent a letter to Board requesting an electronic copy of Illinois's statewide voter registration list. The Foundation received a response from the Board denying the Foundation's request and stating that “any person may view the centralized statewide voter registration list on a computer screen at the Springfield office of the State Board of Elections, during normal business hours.” A representative from the Foundation traveled to the Board's office to attempt to view the statewide voter registration list. Once there, the representative was given access to a program to search the list but was not allowed to either view the list in full or print, duplicate, or download the list. Instead, the representative was told that the statewide voter registration list can only be searched for a specific name or birthdate on the computer screen at the Springfield office but there is not a search option available that will retrieve the statewide voter registration list for viewing in its entirety. The Foundation was never allowed to view or copy the statewide voter registration list in full.

The Foundation filed suit against Defendants on July 27, 2020 in the U.S. District Court for the Central District of Illinois, represented by itself and private counsel, alleging that Defendants' actions amounted to a single count of violating the NVRA. The case was assigned to Judge Sue E. Myerscough. Defendants moved to dismiss on October 5, 2020, arguing that the Board was entitled to sovereign immunity. The Foundation moved for summary judgment the following year, on July 31, and Defendants did the same two months later, on September 20.

On March 8, 2022, the District Court granted Plaintiff’s motion for summary judgment, and denied the Board's motion for summary judgment and its directors' motion to dismiss (589 F.Supp.3d 932). The Court held that where the NVRA is allegedly violated by a state, the plan of the Convention doctrine applies. Under the plan of the Convention doctrine, the sovereign immunity afforded to States by the Eleventh Amendment will cease where a “fundamental postulate[] implicit in the constitutional design” begins. PennEast Pipeline Co. v. New Jersey, 141 S.Ct. 2244, 2258 (2021). The Board, as an agency of Illinois, was not entitled to sovereign immunity under the plan of the Convention doctrine and could be sued.

The main question for the Court was whether Illinois's Section 5/1A-25 conflicts with the Public Disclosure Provision of the NVRA. If so, the state law, so far as the conflict extends, would cease to be operative. The Court found that Section 5/1A-25 does so conflict and is, therefore, preempted by the NVRA.

Specifically, the Court held that the statewide voter registration list is a “record” within the meaning of the NVRA. See 52 U.S.C. § 20507(i)(1) (mandating the public disclosure of “all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of the official list of eligible voters”). Thus, Illinois's Section 5/1A-25 is preempted by the NVRA.

The Court held that Illinois's interest in protecting the privacy of its citizens is not so great as to permit noncompliance with the Public Disclosure Provision.

As a result, the Court ordered Defendants to implement policies and procedures which make available to the public the statewide voter registration list, allowing for redaction of telephone numbers, Social Security Numbers, street numbers of home addresses, birthdates, identifiable portions of email addresses, and other highly sensitive personal information; and to pay the Foundation its attorneys' fees, costs, and expenses.

On April 4, 2022, Defendants filed a motion for reconsideration and clarification, requesting the Court “clarify its order granting Plaintiff an injunction by specifying in detail the policies and procedures Defendants must take to make the statewide voter registration list available to the public.” The Court clarified its injunction: Photocopying would be “at a reasonable cost,” and the statewide voter registration list would be made available “as identical a manner as practicable as those procedures used to effect the same for Illinois governmental and political entities” (2022 WL 1174099).

Later that month, on April 21, Plaintiff moved for attorneys' fees. Two months later, on June 8, the court granted Plaintiff $114,446.25 in costs and fees. As of November 2023, there has been no further docket activity.

Summary Authors

Patrick Hagen (11/21/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17386294/parties/public-interest-legal-foundation-inc-v-sandvoss/


Judge(s)

Myerscough, Sue Ellen (Illinois)

Attorney for Plaintiff

Becker, Susan Lynne (Illinois)

Attorney for Defendant

Bautista, Laura K (Illinois)

Dion, Kristina Dawn (Illinois)

Ewick, Thomas R (Illinois)

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Documents in the Clearinghouse

Document
1

3:20-cv-03190

Complaint for Declaratory and Injunctive Relief

Public Interest Legal Foundati V. Matthews, Et Al

July 27, 2020

July 27, 2020

Complaint
9

3:20-cv-03190

Defendants’ Illinois State Board of Elections, Kyle Thomas, and Cheryl Hobson’s Motion to Dismiss

Public Interest Legal Foundati V. Matthews, Et Al

Oct. 5, 2020

Oct. 5, 2020

Pleading / Motion / Brief
10

3:20-cv-03190

Defendants Illinois State Board of Elections, Kyle Thomas, and Cheryl Hobson’s Memorandum in Support of Their Motion to Dismiss

Public Interest Legal Foundati V. Matthews, Et Al

Oct. 5, 2020

Oct. 5, 2020

Pleading / Motion / Brief
13

3:20-cv-03190

Opposition to Defendants’ Motion to Dismiss

Public Interest Legal Foundati V. Matthews, Et Al

Oct. 19, 2020

Oct. 19, 2020

Pleading / Motion / Brief

2020 WL 7684025

22

3:20-cv-03190

Plaintiff Public Interest Legal Foundation’s Motion for Summary Judgment and Memorandum of Law

Public Interest Legal Foundati V. Matthews, Et Al

July 15, 2021

July 15, 2021

Pleading / Motion / Brief
29

3:20-cv-03190

Motion For Summary Judgment

Public Interest Legal Foundati V. Matthews, Et Al

Sept. 20, 2021

Sept. 20, 2021

Pleading / Motion / Brief
35

3:20-cv-03190

Supplemental Brief in Further Support of Motion for Summary Judgment

Public Interest Legal Foundati V. Matthews, Et Al

Oct. 13, 2021

Oct. 13, 2021

Pleading / Motion / Brief

2021 WL 8201004

37

3:20-cv-03190

Opinion and Order

March 8, 2022

March 8, 2022

Order/Opinion

589 F.Supp.3d 932

38

3:20-cv-03190

Judgment in a Civil Case

Public Interest Legal Foundati V. Matthews, Et Al

March 10, 2022

March 10, 2022

Order/Opinion
40

3:20-cv-03190

Motion to Reconsider and Clarify

Public Interest Legal Foundati V. Matthews, Et Al

April 4, 2022

April 4, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17386294/public-interest-legal-foundation-inc-v-sandvoss/

Last updated Aug. 10, 2025, 9:56 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-3433436.), filed by Public Interest Legal Foundation, Inc.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Supplement Certificate of Interest, # 3 Appendix Index of Exhibits, # 4 Exhibit Exhibit A, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C, # 7 Exhibit Exhibit D, # 8 Exhibit Exhibit E, # 9 Exhibit Exhibit F)(Svenson, Alice) (Entered: 07/27/2020)

1 Civil Cover Sheet Civil Cover Sheet

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2 Supplement Certificate of Interest

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3 Appendix Index of Exhibits

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4 Exhibit Exhibit A

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5 Exhibit Exhibit B

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6 Exhibit Exhibit C

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7 Exhibit Exhibit D

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8 Exhibit Exhibit E

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9 Exhibit Exhibit F

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July 27, 2020

July 27, 2020

RECAP
2

WAIVER OF SERVICE Returned Executed by Public Interest Legal Foundation Inc. All Defendants. (Attachments: # 1 Supplement Notice of Filing)(Svenson, Alice) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
3

NOTICE of Appearance of Attorney by Kristina Dawn Dion on behalf of Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas (Dion, Kristina) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
4

NOTICE of Appearance of Attorney by Thomas R Ewick on behalf of Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas (Ewick, Thomas) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
5

NOTICE of Appearance of Attorney by Susan Lynne Becker on behalf of Public Interest Legal Foundation Inc (Becker, Susan) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
6

First MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Defendants Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas. Responses due by 10/13/2020 (Dion, Kristina) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
7

RESPONSE to Motion re 6 First MOTION for Extension of Time to File Response/Reply as to 1 Complaint, filed by Plaintiff Public Interest Legal Foundation Inc. (Becker, Susan) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion for Extension of Time 6 is ALLOWED in part. Plaintiff objects to the 30-day extension. Opposition to Defendants' Motion for Extension of Time to Answer 7 . The Court agrees. Defendants waived service on 7/28/2020, and so have had ample time to prepare a response. Furthermore, the Plaintiff's claims relate to public access to election roles for the upcoming election, so time is of the essence. Defendants are given until 10/5/2020 to respond to the Plaintiff's Complaint for Declaratory and Injunctive Relief 1 . (LB, ilcd)

Sept. 29, 2020

Sept. 29, 2020

PACER

~Util - Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply

Sept. 29, 2020

Sept. 29, 2020

PACER
8

ANSWER to 1 Complaint, by Steve Sandvoss.(Dion, Kristina) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
9

MOTION to Dismiss by Defendants Cheryl Hobson, Illinois State Board of Elections, Kyle Thomas. Responses due by 10/19/2020 (Dion, Kristina) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

RECAP
10

MEMORANDUM in Support re 9 MOTION to Dismiss filed by Defendants Cheryl Hobson, Illinois State Board of Elections, Kyle Thomas. (Dion, Kristina) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

RECAP
11

ORDER CONCERNING CONSENT TO MAGISTRATE JUDGE IN CASES INVOLVING INITIAL DISPOSITIVE MOTION entered by U.S. Magistrate Judge Tom Schanzle-Haskins on 10/5/2020. (Attachments: #(1) Notice, #(2) Form) (LB, ilcd) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
12

PROPOSED ORDER: CONSENT to Jurisdiction by US Magistrate Judge. (Becker, Susan) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
13

MEMORANDUM in Opposition re 9 MOTION to Dismiss filed by Plaintiff Public Interest Legal Foundation Inc. (Becker, Susan) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

RECAP

NOTICE OF HEARING: Telephonic Rule 16 Scheduling Conference set Monday, 1/25/2021, at 10:00 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 1/21/2021. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(F) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd)

Dec. 22, 2020

Dec. 22, 2020

PACER

Notice of Hearing

Dec. 22, 2020

Dec. 22, 2020

PACER
14

DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Public Interest Legal Foundation Inc. (Attachments: # 1 Exhibit Proposed Joint Scheduling Order)(Becker, Susan) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER
15

MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins: Telephonic Rule 16 Scheduling Conference held on 1/25/2021 with Attorneys Susan Becker, Alice Svenson, and Thomas Ewick. Written Scheduling Order to follow. Parties are reminded of their option to consent to proceed before U.S. Magistrate Judge. See attached form. (Attachments: # 1 Form) (LB, ilcd) (Entered: 01/25/2021)

1 Form

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Jan. 25, 2021

Jan. 25, 2021

RECAP
16

SCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Initial Disclosures due by 2/8/2021; Joinder of Parties due by 3/15/2021; Amended Pleadings due by 3/15/2021; Fact Discovery due by 3/31/2021; Plaintiff`s Expert Disclosure due by 4/1/2021; Defendant`s Expert Disclosure due by 4/21/2021; Expert Discovery due by 5/30/2021; Dispositive Motions due by 6/15/2021. Final Pretrial Conference set 10/4/2021 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Bench Trial set for 10/19/2021 at 9:00 AM before Judge Sue E. Myerscough. Telephonic Status Conference set Friday, 5/28/2021, at 9:30 AM (court will place call) before Magistrate Judge Schanzle-Haskins. See written order. (Attachments: # 1 Mediation Memo, # 2 Courtroom Technology Brochure) (LB, ilcd) (Entered: 01/26/2021)

1 Mediation Memo

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2 Courtroom Technology Brochure

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Jan. 25, 2021

Jan. 25, 2021

RECAP
17

NOTICE of Rule 26 Initial Disclosure (Becker, Susan) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER

Remark: The 2/8/2021 docket entry was returned as an undeliverable email address as to Kristina Dawn Dion. Attorney Kristina Dawn Dion email account disabled. (LN, ilcd)

Feb. 10, 2021

Feb. 10, 2021

PACER

Remark - Bouncebacks

Feb. 10, 2021

Feb. 10, 2021

PACER
18

NOTICE of Appearance of Attorney by Kaylan Hughes Lytle Phillips on behalf of Public Interest Legal Foundation Inc (Phillips, Kaylan) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

PACER
19

Joint MOTION for Extension of Time to File Summary Judgment Motions and conduct one deposition by Plaintiff Public Interest Legal Foundation Inc. Responses due by 6/9/2021 (Phillips, Kaylan) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion to Amend Scheduling Order 19 is ALLOWED. Deadline to conduct deposition of Illinois State Board of Elections is extended to 6/4/2021; Dispositive motions deadline is extended to 7/15/2021. All other deadlines and settings remain as previously scheduled. (LB)

May 27, 2021

May 27, 2021

PACER

1 - Terminate Deadlines and Hearings AND Order on Motion for Extension of Time to File AND ~Util - Set/Reset Scheduling Order Deadlines

May 27, 2021

May 27, 2021

PACER

~Util - Set/Reset Scheduling Order Deadlines AND 1 - Terminate Deadlines and Hearings AND Order on Motion for Extension of Time to File

May 27, 2021

May 27, 2021

PACER

1 - Terminate Deadlines and Hearings AND ~Util - Set/Reset Scheduling Order Deadlines AND Order on Motion for Extension of Time to File

May 27, 2021

May 27, 2021

PACER

MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference held with counsel for Plaintiff, Kaylan Phillips, and counsel for Defendants, Thomas Ewick. Discussion held regarding setting this case for mediation. Plaintiff's counsel would be amenable to mediation in this case, however Defendants are not open to mediation at this time. Parties to contact the Court for scheduling of mediation if parties deem such appropriate on a future date. (LB)

May 28, 2021

May 28, 2021

PACER

Status Conference - Referral Judge

May 28, 2021

May 28, 2021

PACER
20

NOTICE of Supplemental Authority re 13 Memorandum in Opposition to Motion/Petition (Attachments: # 1 Exhibit Ill. Conservative Union v. Illinois)(Phillips, Kaylan) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
21

MOTION to Extend Dispositive Motion Deadline (Agreed) by Defendants Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas. Responses due by 7/27/2021 (Ewick, Thomas) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
22

MOTION for Summary Judgment by Plaintiff Public Interest Legal Foundation Inc. Responses due by 8/5/2021 (Attachments: # 1 Exhibit A - Responses to Requests for Admission, # 2 Exhibit B - Hobson Deposition, # 3 Exhibit C - 30(b)(6) Deposition, # 4 Exhibit D - Thomas Deposition, # 5 Text of Proposed Order)(Phillips, Kaylan) (Entered: 07/15/2021)

1 Exhibit A - Responses to Requests for Admission

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2 Exhibit B - Hobson Deposition

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3 Exhibit C - 30(b)(6) Deposition

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4 Exhibit D - Thomas Deposition

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5 Text of Proposed Order

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July 15, 2021

July 15, 2021

RECAP

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Agreed Motion to Extend Dispositive Motion Deadline 21 is ALLOWED. Dispositive Motions deadline is extended to 8/6/2021. Final Pretrial Conference set 10/4/2021 is CANCELLED and reset 11/29/2021 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Bench Trial set 10/19/2021 is CANCELLED and reset 12/14/2021 at 9:00 AM before Judge Myerscough. (LB)

July 20, 2021

July 20, 2021

PACER

~Util - Set/Reset Scheduling Order Deadlines AND Order on Motion for Miscellaneous Relief

July 20, 2021

July 20, 2021

PACER
23

Second MOTION Extend Deadline for Filing Dispositive Motion by Defendants Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas. Responses due by 8/19/2021 (Ewick, Thomas) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
24

NOTICE re 22 MOTION for Summary Judgment (Phillips, Kaylan) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
25

RESPONSE to Motion re 23 Second MOTION Extend Deadline for Filing Dispositive Motion filed by Plaintiff Public Interest Legal Foundation Inc. (Phillips, Kaylan) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER

TEXT ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion to Extend Dispositive Motions Deadline 23 is ALLOWED over objection. Extension granted to 8/20/2021. (LB)

Aug. 13, 2021

Aug. 13, 2021

PACER

1 - Terminate Deadlines and Hearings AND ~Util - Set/Reset Scheduling Order Deadlines AND Order on Motion for Miscellaneous Relief

Aug. 13, 2021

Aug. 13, 2021

PACER

~Util - Set/Reset Scheduling Order Deadlines AND 1 - Terminate Deadlines and Hearings AND Order on Motion for Miscellaneous Relief

Aug. 13, 2021

Aug. 13, 2021

PACER

1 - Terminate Deadlines and Hearings AND Order on Motion for Miscellaneous Relief AND ~Util - Set/Reset Scheduling Order Deadlines

Aug. 13, 2021

Aug. 13, 2021

PACER
26

NOTICE of Appearance of Attorney by Laura K Bautista on behalf of Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas (Bautista, Laura) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
27

MOTION to Amend/Correct Dispositive Motion Deadline and Deadline to Respond to Plaintiff's Motion for Summary Judgment by Defendants Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas. Responses due by 9/3/2021 (Bautista, Laura) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
28

RESPONSE to Motion re 27 MOTION to Amend/Correct Dispositive Motion Deadline and Deadline to Respond to Plaintiff's Motion for Summary Judgment filed by Plaintiff Public Interest Legal Foundation Inc. (Phillips, Kaylan) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion to Extend Dispositive Motion Deadline and Deadline to Respond to Plaintiff's Motion for Summary Judgment 27 is ALLOWED over objection 28 . The Court finds that Defendants have demonstrated good cause and excusable neglect for the requested extensions. The time for Defendants to file dispositive motions and to respond to Plaintiffs pending Motion for Summary Judgment 22 are extended to 9/20/2021. (LB)

Sept. 3, 2021

Sept. 3, 2021

PACER

~Util - Set/Reset Deadlines AND ~Util - Set/Reset Motion and R&R Deadlines/Hearings AND Order on Motion to Amend/Correct

Sept. 3, 2021

Sept. 3, 2021

PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings AND Order on Motion to Amend/Correct AND ~Util - Set/Reset Deadlines

Sept. 3, 2021

Sept. 3, 2021

PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings AND ~Util - Set/Reset Deadlines AND Order on Motion to Amend/Correct

Sept. 3, 2021

Sept. 3, 2021

PACER
29

MOTION for Summary Judgment by Defendants Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas. Responses due by 10/12/2021 (Ewick, Thomas) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

RECAP
30

MEMORANDUM of Law in Support of Motion for Summary Judgment by Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Ewick, Thomas) (Entered: 09/20/2021)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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Sept. 20, 2021

Sept. 20, 2021

PACER
31

RESPONSE to Motion re 22 MOTION for Summary Judgment filed by Defendants Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas. (Ewick, Thomas) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

RECAP

TEXT ORDER: The Court takes judicial notice of the Order in the case Illinois Conservative Union et al. v. State of Illinois et al., Case No. 20-C-5542, Dkt. 29 (N.D. Ill. Sept. 28, 2021) (order denying motion to dismiss). In that case, the State of Illinois, like the State Board of Elections in the present case, raised the Eleventh Amendment's sovereign immunity protections as a basis for the State's Motion to Dismiss. In the Order by the Northern District, the Court denied the State of Illinois's motion to dismiss, holding that "under the plan of the Convention doctrine, the Court finds that Plaintiffs may proceed against the State and the Board and denies the State and the Board's motion to dismiss the NVRA claim based on sovereign immunity." Id. at *3. Because neither Public Interest Legal Foundation nor the State Board of Elections discussed this issue in the briefing in the present case, the parties are DIRECTED to file, within 14 days, briefing on the issue of whether, under the plan of the convention doctrine, the State of Illinois, and thereby the Board of Elections, may be sued in federal court by private parties. Entered by Judge Sue E. Myerscough on 9/29/2021. (GL)

Sept. 29, 2021

Sept. 29, 2021

PACER

Order

Sept. 29, 2021

Sept. 29, 2021

PACER
32

REPLY to Response to Motion re 22 MOTION for Summary Judgment filed by Plaintiff Public Interest Legal Foundation Inc. (Phillips, Kaylan) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

RECAP
33

RESPONSE to Motion re 29 MOTION for Summary Judgment filed by Plaintiff Public Interest Legal Foundation Inc. (Phillips, Kaylan) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

RECAP
34

MEMORANDUM in response to Order dated September 29, 2021 re Order,,,, by Public Interest Legal Foundation Inc. (Phillips, Kaylan) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

RECAP
35

MEMORANDUM in Support re 29 MOTION for Summary Judgment and Motion to Dismiss filed by Defendants Cheryl Hobson, Illinois State Board of Elections, Steve Sandvoss, Kyle Thomas. (Ewick, Thomas) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

RECAP

VACATED per Text Order of 10/19/2021. TEXT ORDER: On September 29, 2021, the Court entered a text order directing the parties to file, within 14 days, briefing on the issue of whether, under the plan of the convention doctrine, the State of Illinois, and thereby the Board of Elections, may be sued in federal court by private parties. On October 13, 2021, Plaintiff filed its Memorandum in Response. See (d/e 34 ). None of the Defendants have filed a brief. Therefore, the Defendants are again DIRECTED to file, within 7 days, briefing on the issue of whether, under the plan of the convention doctrine, the State of Illinois, and thereby the Board of Elections, may be sued in federal court by private parties. Entered by Judge Sue E. Myerscough on 10/18/2021. (GL) Modified on 10/19/2021 (GL).

Oct. 18, 2021

Oct. 18, 2021

PACER

Order

Oct. 18, 2021

Oct. 18, 2021

PACER

TEXT ORDER: The Court notes that Defendants have filed a Memorandum in Support (d/e 35 ) regarding their Motion for Summary Judgment and Motion to Dismiss (d/e 29 ), in which Defendants address the Court's September 29, 2021 text order directing briefing on the "plan of the convention" doctrine. The text order dated October 18, 2021 is, therefore, VACATED. The Court also notes that Bernadette Matthews is now the Acting Director of the Illinois State Board of Elections and is automatically substituted for Defendant Steve Sandvoss--the former Illinois State Board of Elections Executive Director--under Federal Rule of Civil Procedure 25(d). The clerk is, therefore, DIRECTED to update the docket to reflect the automatic substitution. Entered by Judge Sue E. Myerscough on 10/19/2021. (GL)

Oct. 19, 2021

Oct. 19, 2021

PACER

Order

Oct. 19, 2021

Oct. 19, 2021

PACER

TEXT ORDER: There is currently set in this case a Final Pretrial Conference on November 29, 2021 at 2:00 p.m. and a Bench Trial on December 14, 2021 at 9:00 a.m. However, there is also currently set on December 14, 2021 a criminal jury trial. Because criminal trials take precedence, the Final Pretrial Conference and Bench Trial in this case are VACATED and will be reset, as necessary, after the Court rules on the pending dispositive motions. Entered by Judge Sue E. Myerscough on 11/12/2021. (MAS)

Nov. 12, 2021

Nov. 12, 2021

PACER

Order AND 1 - Terminate Deadlines and Hearings

Nov. 12, 2021

Nov. 12, 2021

PACER
36

NOTICE of Supplemental Authority re 22 MOTION for Summary Judgment (Attachments: # 1 Exhibit Public Interest Legal Foundation v. Bellows)(Phillips, Kaylan) (Entered: 03/07/2022)

March 7, 2022

March 7, 2022

PACER
37

OPINION AND ORDER: the Foundation's Motion for Summary Judgment (d/e 22 ) is GRANTED, and Defendants' Motion for Summary Judgment (d/e 29 ) is DENIED. For similar reasons, the Motion to Dismiss (d/e 9 ) is DENIED. Defendants are hereby ORDERED to implement policies and procedures which make available to the public the statewide voter registration list, allowing for redaction of telephone numbers, Social Security Numbers, street numbers of home addresses, birthdates, identifiable po rtions of email addresses, and other highly sensitive personal information. Defendants are further ORDERED, pursuant to 52 U.S.C. §20510(c), to pay the Foundation its attorneys' fees, costs, and expenses. The Clerk is DIRECTED to enter judgment in favor of Plaintiff the Foundation. This case is closed. (SEE WRITTEN OPINION AND ORDER.) Entered by Judge Sue E. Myerscough on 3/8/2022. (GL)

March 8, 2022

March 8, 2022

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38

JUDGMENT entered. (SEE WRITTEN JUDGMENT.) (GL) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

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39

MOTION for Extension of Time to File Motion for Attorneys Fees, Costs, and Expenses (Unopposed) by Plaintiff Public Interest Legal Foundation Inc. Responses due by 4/1/2022 (Phillips, Kaylan) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER

TEXT ORDER: Plaintiff has filed an Unopposed Motion for Extension of Time to File its motion for attorneys' fees, costs, and expenses. (d/e 39 ). Plaintiff's Motion (d/e 39 ) is GRANTED. The deadline to file a motion for attorneys' fees, costs, and expenses is extended to April 21, 2022. Entered by Judge Sue E. Myerscough on 3/23/2022. (GL)

March 23, 2022

March 23, 2022

PACER

~Util - Set/Reset Deadlines AND Order AND Order on Motion for Extension of Time to File

March 23, 2022

March 23, 2022

PACER

~Util - Set/Reset Deadlines AND Order on Motion for Extension of Time to File AND Order

March 23, 2022

March 23, 2022

PACER

Order AND ~Util - Set/Reset Deadlines AND Order on Motion for Extension of Time to File

March 23, 2022

March 23, 2022

PACER
40

MOTION for Reconsideration and Clarification by Defendants Cheryl Hobson, Illinois State Board of Elections, Bernadette Matthews, Kyle Thomas. Responses due by 4/18/2022 (Ewick, Thomas) (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

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41

RESPONSE to Motion re 40 MOTION for Reconsideration and Clarification filed by Plaintiff Public Interest Legal Foundation Inc. (Phillips, Kaylan) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

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42

OPINION AND ORDER: 1) Illinois Code Title 10 Section 5/1A-25 conflicts with, and is preempted by, the Section 8(i)(1) of the Notional Voter Registration Act of 1993, 52 U.S.C. § 20507(i)(1), insofar as Section 5/1A-25 prohibits the availability, photocopying, and duplication of the same list; and 2) Defendants are hereby ORDERED to implement policies and procedures which make available to the public, and photocopying at a reasonable cost, the statewide voter registration list in as identic al a manner as practicable as those procedures used to effect the same for Illinois governmental and political entities, allowing for redaction of telephone numbers, Social Security Numbers, street numbers of home addresses, birthdates, identifiable portions of email addresses, and other highly sensitive personal information. (SEE WRITTEN OPINION AND ORDER.) Entered by Judge Sue E. Myerscough on 4/20/2022. (GL)

April 20, 2022

April 20, 2022

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43

MOTION for Attorney Fees, Costs and Expenses by Plaintiff Public Interest Legal Foundation Inc. Responses due by 5/5/2022 (Attachments: # 1 Affidavit Declaration of Kaylan Phillips, # 2 Affidavit Declaration of Christine Svenson, # 3 Affidavit Affidavit of Carl Draper, # 4 Text of Proposed Order)(Phillips, Kaylan) (Entered: 04/21/2022)

1 Affidavit Declaration of Kaylan Phillips

View on RECAP

2 Affidavit Declaration of Christine Svenson

View on RECAP

3 Affidavit Affidavit of Carl Draper

View on RECAP

4 Text of Proposed Order

View on RECAP

April 21, 2022

April 21, 2022

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44

Supplemental MOTION for Attorney Fees, Costs and Expenses by Plaintiff Public Interest Legal Foundation Inc. Responses due by 5/12/2022 (Attachments: # 1 Affidavit Second Declaration of Kaylan Phillips, # 2 Text of Proposed Order)(Phillips, Kaylan) (Entered: 04/28/2022)

1 Affidavit Second Declaration of Kaylan Phillips

View on PACER

2 Text of Proposed Order

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April 28, 2022

April 28, 2022

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45

MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Attorney Fees, Costs and Expenses by Defendants Cheryl Hobson, Illinois State Board of Elections, Bernadette Matthews, Kyle Thomas. Responses due by 5/19/2022 (Ewick, Thomas) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
46

RESPONSE to Motion re 44 Supplemental MOTION for Attorney Fees, Costs and Expenses, 43 MOTION for Attorney Fees, Costs and Expenses filed by Defendants Cheryl Hobson, Illinois State Board of Elections, Bernadette Matthews, Kyle Thomas. (Ewick, Thomas) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

PACER
47

MOTION for Leave to File Reply to Response to Motion for Attorney's Fees, Costs, and Expenses (Unopposed) by Plaintiff Public Interest Legal Foundation Inc. Responses due by 5/26/2022 (Attachments: # 1 Exhibit Proposed Reply)(Phillips, Kaylan) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER

TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 5/13/2022. Due to Magistrate Judge Tom Schanzle-Haskins's retirement, this case is reassigned to Magistrate Judge Karen L. McNaught for further proceedings.(LN)

May 13, 2022

May 13, 2022

PACER

Order Reassigning Case to Magistrate Judge McNaught

May 13, 2022

May 13, 2022

PACER

TEXT ORDER: Defendants' Motion for Extension of Time to File a Response (d/e 45 ) is GRANTED, and Defendants' Response (d/e 46 ) is deemed properly filed. Plaintiff's Motion for Leave to File a Reply (d/e 47 ) is GRANTED. The Clerk is DIRECTED to docket the attachment to Plaintiff's Motion (d/e 47 ) as Plaintiff's Reply to Defendants' Response (d/e 46 ). Entered by Judge Sue E. Myerscough on 5/16/2022. (MJC)

May 16, 2022

May 16, 2022

PACER
48

REPLY to Response to 44 Supplemental MOTION for Attorney Fees, Costs and Expenses filed by Plaintiff Public Interest Legal Foundation Inc. (MJC) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER

Order on Motion for Leave to File AND Order on Motion for Extension of Time to File Response/Reply

May 16, 2022

May 16, 2022

PACER
49

ORDER Entered by Judge Sue E. Myerscough on 6/8/2022.Plaintiff's 43 Motion for Attorney Fee is granted in part and denied in part ; 44 Motion for Attorney Fees is granted in part and denied in part. (See Full Order) (AEM) (Entered: 06/10/2022)

June 8, 2022

June 8, 2022

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Case Details

State / Territory: Illinois

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: July 27, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Public Interest Legal Foundation is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections.

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

Illinois State Board of Elections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

State law

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Content of Injunction:

Required disclosure

Amount Defendant Pays: $114,446.25

Order Duration: 2022 - None

Issues

Voting:

Voter registration rules

Voting: General & Misc.