Case: Moore v. Martin

4:14-cv-00065 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Feb. 6, 2014

Closed Date: Aug. 2, 2019

Clearinghouse coding complete

Case Summary

This case challenged the constitutionality of Arkansas’ statutory ballot access requirements for independent candidates.  On February 6, 2014, three registered voters and potential independent candidates for the 2014 Arkansas general election filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas. Plaintiffs sued the Secretary of State of Arkansas in his official capacity under 42 U.S.C. § 1983. Represented by private counsel, Plaintiffs sought a declaratory judgment…

This case challenged the constitutionality of Arkansas’ statutory ballot access requirements for independent candidates. 

On February 6, 2014, three registered voters and potential independent candidates for the 2014 Arkansas general election filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas. Plaintiffs sued the Secretary of State of Arkansas in his official capacity under 42 U.S.C. § 1983. Represented by private counsel, Plaintiffs sought a declaratory judgment that Arkansas Code Ann §§ 7-7-101, 7-7-103, and 7-7-203(c)(1) were unconstitutional because the statutes violated the First and Fourteenth Amendments to the United States Constitution. Plaintiffs also sought injunctive relief against enforcement of said statutes for purposes of future Arkansas general elections, as well as prevailing party attorneys’ fees and costs. 

Plaintiffs claimed that the statutes, which had been amended by the Arkansas Legislature in 2013, set an unconstitutionally early and vague petition filing deadline of March 3, 2014 (the statutory deadline had previously been May 1) for independent candidates during election years. They asserted that this burdened Plaintiffs’ rights under the First and Fourteenth Amendment as independent candidates, as well as those of individual Arkansas registered voters who support those candidates’ ballot access. Specifically, Plaintiffs claimed that the law required independent candidates to gather petition signatures in December, January, and February, when political interest among the voting public was low and the weather was less conducive to gathering signatures.  The case was initially assigned to Former District Judge James M. Moody, but, due to Former District Judge James M. Moody’s retirement, it was then reassigned to his son, District Judge James M. Moody Jr. 

On April 7, 2014, the Secretary filed a motion to dismiss the complaint and an alternative motion for a more definite statement. The Secretary argued (1) lack of jurisdiction; (2) failure to state sufficient facts upon which relief could be granted, (3) failure to join necessary parties to the action; and (4) that the Complaint was too vague and ambiguous. Specifically, the Secretary asserted that the Complaint should be dismissed because Plaintiffs lacked standing under Article III of the United States Constitution, as they filed their complaint on February 6, 2014, which was prior to the “party filing period” of February 24, 2014 through March 3, 2014 for candidates, and therefore, Plaintiffs had failed to allege an actual, concrete injury in fact. The Secretary also claimed that Plaintiffs had failed to allege that they had actually filed or attempted to file for office candidacy, that they fulfilled all the other requisite filing requirements for candidates that were unchallenged in the complaint, or that their attempts at filing appropriate materials were denied. The Secretary further argued that Plaintiffs failed to state a claim upon which relief could be granted because they failed to allege that they had met or attempted to meet all of the other filing requirements. Additionally, the Secretary asserted that one of the Plaintiffs was not entitled to relief because he claimed to be running for county judge for White County, Arkansas, yet failed to name the appropriate County Clerk as a party defendant. The Secretary claimed that the White County Clerk was a necessary and proper party to the lawsuit because the Secretary of State did not have the power or authority to review candidate petitions for county offices, and the complaint should be dismissed. Finally, the Secretary sought, in the alternative, an order from the court requiring Plaintiffs to provide a more definite statement of all their claims. The Secretary argued that Plaintiffs failed to allege that the Secretary, as of February 6, 2014, had taken any action which would form the basis for their cause of action, or how the Secretary could be ordered to provide relief to a Plaintiff concerning a county office over which the Secretary had no jurisdiction. On August 4, 2014, the court denied the Secretary’s motion to dismiss and found that Plaintiffs sufficiently stated claims that would entitle them to relief. 2014 WL 12914805.

On November 26, 2014, the Secretary filed a motion for summary judgment against Plaintiffs and asked the court to enter judgment as a matter of law in favor of the Secretary. The Secretary argued that Plaintiffs’ case was moot due to the 2014 Arkansas general election having already passed and final results certified. Without Plaintiffs having tendered or attempted to tender any candidate petition signatures as independent candidates for the election, Plaintiffs failed to make the requisite legally required efforts to become independent candidates for the 2014 general election. The Secretary asserted that the relief sought by Plaintiffs was no longer available, and Plaintiffs lacked standing as there had been no harm to Plaintiffs caused by the Secretary. 

On May 12, 2015, the parties filed a joint stipulation of partial dismissal as to one of the Plaintiffs—specifically, the Plaintiff who claimed to have been running for county judgeship. After the joint stipulation of partial dismissal as to the one Plaintiff, the remaining two Plaintiffs no longer sought to be put on the Arkansas ballot as independent candidates. Rather, they only requested that the Court declare the current election laws regarding the early deadline for petition signatures for independent candidates unconstitutional as applied, and permanently enjoin the enforcement of said laws. 

On May 13, 2015, Plaintiffs filed a cross motion for summary judgment, and on August 25, 2015, the court entered an order denying Plaintiffs’ motion for summary judgment and granting the Secretary’s motion for summary judgment. The court rejected the Secretary’s arguments that the case was moot or unripe for review and that Plaintiffs lacked standing. However, the court’s analysis of the merits under a strict scrutiny test found that the Arkansas ballot access restrictions requiring signatures of 3% of the qualified electors of the state, a ninety-day circulation time, and a March petition deadline for independent candidates were narrowly tailored to advance a compelling state interest. Specifically, the court found that while the March deadline for filing as an independent candidate placed a substantial burden on Plaintiffs’ rights, the regulations of Ark. Code §§ 7-7-101, 7-7-103, and 7-7-203(c)(1) were narrowly tailored and necessary to advance the compelling state interest of timely certifying independent candidates who wish to be placed on the ballot, as well as candidates who wished to qualify for election by petition and those who sought to promote ballot initiatives. The court relied on an affidavit submitted by the Arkansas Director of Elections, which stated that the increased number of initiative petitions and candidates petitioning for inclusion on the ballot for nonpartisan office left Arkansas election officials with insufficient time to process the petitions using the previous May 1st submission deadline. The court further found that given the year-round interest in all things political and the fact that Arkansas weather may be equally oppressive in the spring as in the winter, the ballot access requirements were not unreasonable. 2015 WL 13343585.

On September 22, 2015, Plaintiffs filed a motion to reconsider and alter or amend the court’s summary judgment order and judgment, but the court entered an order denying Plaintiffs’ motion to reconsider on October 7, 2015. 2015 WL 13849961.

On November 6, 2015, only one of the two remaining Plaintiffs in the lawsuit appealed to the United States Court of Appeals for the Eighth Circuit. 

On April 26, 2017, the United States Court of Appeals for the Eighth Circuit affirmed in part and reversed in part the district court’s order denying the Plaintiff’s motion for summary judgment and granting the Secretary’s motion for summary judgment. The Eighth Circuit found that the district court correctly noted that the March 1st filing deadline for independent candidates imposed a burden of some substance on Plaintiff’s First and Fourteenth Amendment rights and that Arkansas had a compelling interest in timely certifying the independent candidates for inclusion on the general election ballot. However, the Eighth Circuit found that the district court erred in concluding that there was no genuine dispute of material fact whether the March 1st deadline was narrowly drawn to serve that compelling interest. The Eighth Circuit questioned whether the increase in the number of nonpartisan petitions necessitated the petition deadline change from May 1 to March 1 in light of the fact that the Secretary was statutorily required to verify the nonpartisan petitions prior to the independent candidate petitions’ due date. The Eighth Circuit noted that although the increase in nonpartisan petitions may have resulted in an increase in litigation regarding those petitions, which might have interfered with the processing of independent candidate petitions, the record was unclear as to any such effect. Accordingly, the Eighth Circuit found that the increase in the number of nonpartisan petitions did not by itself establish the existence of a compelling interest that the March 1 deadline was narrowly tailored to serve. The Eighth Circuit concluded that genuine factual disputes existed as to whether the verification of independent candidate petitions would conflict with the processing of other signature petitions under the former May 1 deadline. Therefore, the Eighth Circuit held that the district court erred in granting the Secretary’s motion for summary judgment because of the existence of a factual dispute but did not err in denying Plaintiff’s motion for summary judgment. The Eighth Circuit found that Plaintiff’s motion for reconsideration was therefore rendered moot and remanded the case back to the district court. 

On July 25, 2017, the Secretary filed a petition for a writ of certiorari to the United States Supreme Court and on October 16, 2017, the United States Supreme Court denied the petition for a writ of certiorari. 

The district court held a bench trial on December 12, 2017 and on January 25, 2018, the court entered an order finding judgment in favor of Plaintiff. Specifically, the court found that the Secretary failed to show why the March 1st petition deadline rather than a May 1st petition deadline for independent candidates was necessary to process independent candidate petitions. The court determined that the Arkansas election laws at issue were unconstitutional as a violation of the First and Fourteenth Amendments to the United States Constitution to the extent they set an unnecessary March 1st deadline which was not narrowly drawn to serve a compelling state interest. The court dismissed the case and granted injunctive relief permitting Plaintiff to file his petition to run for office as an independent candidate on or before May 1, 2018. On January 31, 2018, the court entered an amended order containing the same findings and relief as the January 25, 2018 order but correcting an error as to a misstated fact. 2018 WL 10320761.

On February 2, 2018, Plaintiff filed his first motion for a bill of costs pursuant to 28 U.S.C. § 1920, and a motion for attorney’s fees and costs on February 7, 2018 pursuant to 42 U.S.C. § 1988 and Federal Rule of Civil Procedure 54. 

On February 22, 2018, the Secretary appealed to the United States Court of Appeals for the Eighth Circuit from the district court’s January 25, 2018 and January 31, 2018 orders and final judgment entered in favor of the Plaintiff. 

On March 7, 2018, the Secretary filed a motion to vacate the injunction issued by court, and in the alternative, a motion to stay the injunction pending the Secretary’s appeal. The Secretary argued that because the court’s injunction allowing Plaintiff to file his petition to run as an independent candidate in the 2018 Arkansas general election at any time up to May 1, 2018 did not include the filing deadline for other required candidate documents, such as the political practices pledge, affidavit of eligibility, and notice of candidacy, Plaintiff was required to file those documents on March 1, 2018 as stated in Ark. Code Ann. § 7-7-103. The Secretary claimed that because Plaintiff failed to file those documents on March 1, 2018, he was ineligible to file his signature petitions on May 1, 2018, and therefore sought an order from the court vacating the injunction. The court entered an order on March 29, 2018, deferring ruling on the motion to vacate pending the appeal.  It also held Plaintiff’s motions for costs and attorney’s fees in abeyance pending the appeal. 

On April 26, 2018, the United States Court of Appeals for the Eighth Circuit entered an order remanding the case back to the district court for purposes of considering an amendment to its January 31, 2018 order. 

On April 30, 2018, the district court amended its January 31, 2018 order to state that Plaintiff could file his petition to run for office as an independent candidate, political practices pledge, affidavit of eligibility, and notice of candidacy on or before May 1, 2018. Also on April 30, 2018, the district court denied the Secretary’s motion to vacate injunction as moot. 

On May 18, 2018, the Secretary filed a motion to vacate the January 25 and 31, 2018 orders and judgment as moot. Specifically, the Secretary argued that Plaintiff failed to qualify as an independent candidate for any state office for the 2018 general election because his independent candidate petition lacked the requisite number of valid signatures, and therefore, his case lacked standing. The district court denied the Secretary’s motion to vacate on July 12, 2018.

On May 22, 2018, the Secretary amended notice of appeal to the United States Court of Appeals for the Eighth Circuit from the district court’s prior judgment and orders in favor of the Plaintiff. 

On July 1, 2019, the United States Court of Appeals for the Eighth Circuit dismissed the Secretary’s appeal as moot. The Eighth Circuit noted that after the Secretary filed the appeal and the parties submitted their briefs, the Arkansas state legislature amended the petition filing deadline for independent candidates to May 1 of the general election year, which was scheduled to take effect later in 2019. Therefore, the Eighth Circuit found that no controversy remained and that it lacked the authority to adjudicate any further issues surrounding the matter. 928 F.3d 753.

On July 11, 2019, Plaintiff filed a supplemental motion for attorney’s fees. On August 2, 2019, the district court granted the Plaintiff’s first motion for attorney’s fees and supplemental motion for attorney’s fees in part, as well as Plaintiff’s motion for costs. The court awarded Plaintiff a total of $55,973.62 for attorney’s fees and costs. 2019 WL 7592424. The case is now closed.

Summary Authors

Melissa Scott (11/29/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6069128/parties/moore-v-martin/


Judge(s)

Moody, James Maxwell (Arkansas)

Attorney for Plaintiff

Linger, James C. (Arkansas)

Rosenzweig, Jeffrey M. (Arkansas)

Attorney for Defendant

Fincher, Michael J. (Arkansas)

Kelly, A. J. (Arkansas)

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Documents in the Clearinghouse

Document
1

4:14-cv-00065

Complaint

Moore, et al. v. Martin

Feb. 6, 2014

Feb. 6, 2014

Complaint
7

4:14-cv-00065

Brief in Support of Motion to Dismiss

Moore, Et Al V. Martin

April 7, 2014

April 7, 2014

Pleading / Motion / Brief
6

4:14-cv-00065

Motion to Dismiss

Moore, Et Al V. Martin

April 7, 2014

April 7, 2014

Pleading / Motion / Brief
8

4:14-cv-00065

Brief In Opposition to Motion to Dismiss

Moore, Et Al V. Martin

April 15, 2014

April 15, 2014

Pleading / Motion / Brief
9

4:14-cv-00065

Reply Brief in Support of Motion to Dismiss

Moore, Et Al V. Martin

April 22, 2014

April 22, 2014

Pleading / Motion / Brief
11

4:14-cv-00065

Supplemental Authority

Moore, Et Al V. Martin

July 17, 2014

July 17, 2014

Pleading / Motion / Brief
13

4:14-cv-00065

Order

Moore, Et Al V. Martin

Aug. 4, 2014

Aug. 4, 2014

Order/Opinion

2014 WL 2014

14

4:14-cv-00065

Answer

Moore, Et Al V. Martin

Aug. 14, 2014

Aug. 14, 2014

Pleading / Motion / Brief
18

4:14-cv-00065

Statement of Material Facts

Moore, Et Al V. Martin

Nov. 26, 2014

Nov. 26, 2014

Pleading / Motion / Brief
16

4:14-cv-00065

Motion for Summary Judgment

Answer and Affirmative Defenses

Nov. 26, 2014

Nov. 26, 2014

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6069128/moore-v-martin/

Last updated March 16, 2024, 10:25 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mark Martin, in his official capacity as Secretary of State for the State of Arkansas (Filing Fee of $ 400 paid, Receipt #LIT044274.), filed by Mark Moore, Michael Harrod and William Chris Johnson. Summons issued and returned to counsel. (Attachments: # 1 Civil Cover Sheet)(mcz) (Entered: 02/06/2014)

1 Civil Cover Sheet

View on RECAP

Feb. 6, 2014

Feb. 6, 2014

Clearinghouse
2

MOTION for Leave to Appear pro hac vice by James C. Linger. Fee $100 receipt number LIT044275. Filed by Michael Harrod, William Chris Johnson and Mark Moore. (mcz) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

RECAP
3

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 2 James Linger's Motion to Appear Pro Hac Vice on behalf of Plaintiffs Mark Moore, Michael Harrod and William Chris Johnson. Signed by Judge James M. Moody on 2/7/2014. (dmj) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
4

ORDER TRANSFERRING CASES. Case reassigned to Judge James M. Moody Jr. Signed at the Direction of the Court on 3/10/2014. (thd) (Entered: 03/10/2014)

March 10, 2014

March 10, 2014

PACER
5

WAIVER OF SERVICE Returned Executed as to Mark Martin by Mark Moore, Michael Harrod, William Chris Johnson. (Linger, James) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
6

Defendant Arkansas Secretary of State Mark Martin's MOTION to Dismiss and Alternative MOTION for More Definite Statement. (sld) (Entered: 04/08/2014)

April 7, 2014

April 7, 2014

Clearinghouse
7

Defendant Arkansas Secretary of State Mark Martin's BRIEF IN SUPPORT of MOTION to Dismiss and Alternative MOTION for More Definite Statement 6 filed by Mark Martin. (sld) (Entered: 04/08/2014)

April 7, 2014

April 7, 2014

Clearinghouse
8

RESPONSE in Opposition re 6 MOTION to Dismiss MOTION for More Definite Statement filed by All Plaintiffs. (Linger, James) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

Clearinghouse
9

REPLY BRIEF in Support of Motion to Dismiss and Alternative Motion for More Definite Statement 6 filed by Mark Martin. (jap) (Entered: 04/23/2014)

April 22, 2014

April 22, 2014

Clearinghouse
10

INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 7/15/2014. Rule 26(f) Report due by 7/29/2014. Proposed Bench Trial set 7/27/2015 09:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.. Signed by D. Jackson at the Direction of the Court on 7/2/2014. (Attachments: # 1 Proposed FSO)(dmj) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
11

Defendant Arkansas Secretary of State Mark Martin's Supplemental Citations To Authority In Support of Moiton to Dismiss to 6 (sld) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

Clearinghouse
12

REPORT of Rule 26(f) Planning Meeting by Michael Harrod, William Chris Johnson, Mark Moore. and Defendant Mark Martin (Linger, James) (Entered: 07/29/2014)

July 29, 2014

July 29, 2014

PACER
13

ORDER denying Defendant's 6 Motion to Dismiss. Signed by Judge James M. Moody Jr. on 8/4/2014. (mcz) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

Clearinghouse
14

ANSWER to 1 Complaint, by Mark Martin.(jap) (Entered: 08/15/2014)

Aug. 14, 2014

Aug. 14, 2014

Clearinghouse
15

FINAL SCHEDULING ORDER: Bench Trial set sometime during the week of 7/27/2015 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 3/6/2015. Motions due by 5/13/2015. Pretrial Disclosure Sheet due by 5/13/2015. Status Report due by 5/13/2015. Signed by D. Jackson at the Direction of the Court on 9/17/2014. (dmj) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
16

MOTION for Summary Judgment by Mark Martin (jap) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

Clearinghouse
17

BRIEF IN SUPPORT re 16 Motion for Summary Judgment filed by Mark Martin. (jap) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

Clearinghouse
18

STATEMENT of Material Facts Not in Dispute re 16 Motion for Summary Judgment filed by Mark Martin. (jap) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

Clearinghouse
19

Unopposed MOTION to Extend Time to File Response to Defendant's Motion for Summary Judgment by All Plaintiffs (Linger, James) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

PACER
20

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 19 Motion to Extend Time. Plaintiffs will have up to and including December 29, 2014 to respond to the pending motion for summary judgment. Signed by Judge James M. Moody Jr. on 12/12/14. (amr) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

PACER
21

RESPONSE in Opposition re 16 MOTION for Summary Judgment and Memorandum Brief filed by All Plaintiffs. (Linger, James) (Entered: 12/29/2014)

Dec. 29, 2014

Dec. 29, 2014

Clearinghouse
22

STATEMENT OF FACTS (Local Rule 56.1) re 17 Brief in Support, 16 Motion for Summary Judgment, 18 Statement of Facts (Local Rule 56.1), 21 Response in Opposition to Motion with Attached Plaintiffs' Exhibits 1, 2, 3, and 4 filed by All Plaintiffs. (Attachments: # 1 Exhibit Affidavit of Richard Winger, # 2 Exhibit CV of Richard Winger, # 3 Exhibit Pages 1 and 2 of Defendant's Answer, # 4 Exhibit Affidavit of Mark Moore)(Linger, James) (Entered: 12/29/2014)

1 Exhibit Affidavit of Richard Winger

View on RECAP

2 Exhibit CV of Richard Winger

View on RECAP

3 Exhibit Pages 1 and 2 of Defendant's Answer

View on PACER

4 Exhibit Affidavit of Mark Moore

View on RECAP

Dec. 29, 2014

Dec. 29, 2014

Clearinghouse
23

REPLY to Response to Motion re 16 MOTION for Summary Judgment filed by Mark Martin. (mef) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

Clearinghouse
24

STIPULATION of Dismissal Joint Stipulation of Partial Dismissal as to Plaintiff William Chris Johnson only by William Chris Johnson. (Linger, James) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

Clearinghouse
25

STATUS REPORT JOINT STATUS REPORT by Michael Harrod, Mark Moore. (Linger, James) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

RECAP
26

PRETRIAL DISCLOSURE SHEET of Plaintiffs Moore and Harrod by Michael Harrod, Mark Moore. (Linger, James) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

Clearinghouse
27

PRETRIAL Disclosures filed by Mark Martin. (mef) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

Clearinghouse
28

MOTION for Summary Judgment by Michael Harrod, Mark Moore (Attachments: # 1 Exhibit Attachment Plaintiffs' Ex 5, # 2 Exhibit Affidavit of Richard Winger, Plaintiffs' Ex 5, # 3 Exhibit Attachment Plaintiffs' Ex 6, # 4 Exhibit Affidavit of Mark Moore, Plaintiffs' Ex 6)(Linger, James) (Entered: 05/13/2015)

1 Exhibit Attachment Plaintiffs' Ex 5

View on RECAP

2 Exhibit Affidavit of Richard Winger, Plaintiffs' Ex 5

View on RECAP

3 Exhibit Attachment Plaintiffs' Ex 6

View on RECAP

4 Exhibit Affidavit of Mark Moore, Plaintiffs' Ex 6

View on RECAP

May 13, 2015

May 13, 2015

Clearinghouse
29

STATEMENT OF FACTS (Local Rule 56.1) re 28 Motion for Summary Judgment, filed by Michael Harrod, Mark Moore. (Linger, James) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

Clearinghouse
30

BRIEF IN SUPPORT re 29 Statement of Facts (Local Rule 56.1), 28 Motion for Summary Judgment, filed by Michael Harrod, Mark Moore. (Linger, James) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

Clearinghouse
31

RESPONSE re 28 MOTION for Summary Judgment filed by Mark Martin. (mef) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

Clearinghouse
32

BRIEF IN SUPPORT re 31 Response to Motion for Summary Judgment filed by Mark Martin. (mef) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

Clearinghouse
33

STATEMENT OF FACTS in Support re 31 Response to Motion for Summary Judgment filed by Mark Martin. (mef) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

Clearinghouse
34

RESPONSES and Objections re 29 Statement of Facts filed by Mark Martin. (mef) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

Clearinghouse
35

REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by Michael Harrod, Mark Moore. (Linger, James) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

Clearinghouse

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Oral arguments on the cross-motions for summary judgment will begin at 9:15 a.m. on Monday, July 27, 2015 in lieu of the bench trial previously scheduled. Deadlines for filing trial briefs and proposed findings of fact and conclusions of law are terminated.Signed by Judge James M. Moody Jr. on 7/17/2015. (sjh)

July 17, 2015

July 17, 2015

PACER

1 - Terminate Scheduling Order Deadlines

July 17, 2015

July 17, 2015

PACER
36

CLERKS MINUTES for proceedings held before Judge James M. Moody Jr.: Bench Trial held on 7/27/2015. Following arguments from counsel, the Court takes matter under advisement. A separate order will be entered. Counsel for Plaintiffs James Linger; Counsel for Defendant- A.J. Kelly (Court Reporter Karen Baker.) (kog) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
37

ORDER granting Defendant's 16 Motion for Summary Judgment; and denying Plaintiffs' 28 Motion for Summary Judgment. Signed by Judge James M. Moody Jr. on 8/25/2015. (mcz) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

Clearinghouse
38

JUDGMENT: Pursuant to the 37 Order entered this day, Judgment is entered in favor of the Defendant. Signed by Judge James M. Moody Jr. on 8/25/2015. (mcz) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

Clearinghouse
39

MOTION to Alter Judgment (), MOTION for Reconsideration and Alter or Amend Order and Judgment by Michael Harrod, Mark Moore (Linger, James) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

Clearinghouse
40

BRIEF IN SUPPORT re 39 Motion to Alter Judgment, Motion for Reconsideration, 37 Order on Motion for Summary Judgment, 38 Judgment filed by Michael Harrod, Mark Moore. (Linger, James) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

Clearinghouse
41

RESPONSE to Plaintiffs' Motion to Reconsider and Alter or Amend Order and Judgment re 39 filed by Mark Martin. (mef) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

Clearinghouse
42

BRIEF IN SUPPORT of Defendant's Response to Plaintiffs' Motion to Reconsider and Alter or Amend Order and Judgment re 41 filed by Mark Martin. (mef) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

Clearinghouse
43

ORDER denying Plaintiffs' 39 Motion to Reconsider and Alter or Amend Judgment. Signed by Judge James M. Moody Jr. on 10/7/2015. (mcz) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

Clearinghouse
44

NOTICE OF APPEAL as to 37 Order on Motion for Summary Judgment, 43 Order on Motion to Alter Judgment, Order on Motion for Reconsideration, 38 Judgment by Mark Moore. (Linger, James) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

Clearinghouse
45

Amended NOTICE OF APPEAL as to 44 Notice of Appeal, 37 Order on Motion for Summary Judgment, 43 Order on Motion to Alter Judgment, Order on Motion for Reconsideration, 38 Judgment by Mark Moore Correction. (Linger, James) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

Clearinghouse
46

USCA Appeal Fees received $ 505 receipt number LIT054020 re 44 Notice of Appeal and 45 Amended Notice of Appeal filed by Mark Moore. (mcz) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

RECAP
47

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 45 Amended Notice of Appeal filed by Mark Moore re: 37 Order, 38 Judgment and 43 Order on Motion for Reconsideration. (mcz) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

RECAP
48

USCA Docketing Letter and Briefing Schedule as to 45 Notice of Appeal filed by Mark Moore. USCA Case Number 15-3558. Transcript due by 12/21/2015. (mcz) (Entered: 11/10/2015)

Nov. 9, 2015

Nov. 9, 2015

RECAP
49

TRANSCRIPT REQUEST by Mark Moore re 44 Notice of Appeal, 45 Amended Notice of Appeal (Linger, James) (Entered: 11/21/2015)

Nov. 21, 2015

Nov. 21, 2015

PACER
50

TRANSCRIPT of Oral Argument held on 7/27/2015, before Judge James M. Moody Jr. Court Reporter Karen Baker. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 12/10/2015. Redaction Request due 12/21/2015. Redacted Transcript Deadline set for 12/31/2015. Release of Transcript Restriction set for 2/29/2016. (fcd) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

Clearinghouse
51

Transmitted Record on Appeal to US Court of Appeals re 44 Notice of Appeal and 45 Amended Notice of Appeal filed by Mark Moore: Copy of Transcript of Oral Argument of 7/27/2015. (mcz) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

RECAP
52

OPINION of USCA as to 44 Notice of Appeal and 45 Amended Notice of Appeal filed by Mark Moore. (mcz) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

Clearinghouse
53

USCA JUDGMENT as to 44 Notice of Appeal and 45 Amended Notice of Appeal filed by Mark Moore. The judgment of the district court in this cause is affirmed in part, reversed in part, and remanded to the district court for proceedings consistent with the opinion of this court. (Document retrieved from PACER, no NEF attached.) (mcz) (Entered: 05/17/2017)

April 26, 2017

April 26, 2017

Clearinghouse
54

MANDATE of USCA in accordance with the opinion and judgment of 04/26/2017, as to 44 Notice of Appeal and 45 Amended Notice of Appeal filed by Mark Moore. (mcz) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

RECAP
55

Letter from Clerk, USCA: The Petition for Writ of Certiorari has been filed in the United States Supreme Court in USCA Case Number 15-3558. (mcz) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

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56

Letter from USCA Clerk: Supreme Court order filed denying certiorari in case No. 15-3558. (fcd) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

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57

FINAL SCHEDULING ORDER: BENCH TRIAL set for Tuesday, 12/12/2017 at 9:30 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Signed at the Direction of the Court on 10/30/2017. (kog) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
58

ENTRY of Appearance and Request for Notice filed by Michael J. Fincher on behalf of Mark Martin. (fjg) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

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59

PRETRIAL DISCLOSURE SHEET by Mark Moore. (Linger, James) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

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60

PRETRIAL DISCLOSURE SHEET filed by Mark Martin. (fjg) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

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61

STIPULATION Joint Stipulations of Fact by Mark Moore. (Linger, James) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

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62

CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:BENCH TRIAL held on 12/12/2017. After witness testimony and argument from counsel, matter taken under advisement. Counsel for Plaintiffs - James Linger, Jeff Rosenzweig; Counsel for Defendant - A.J. Kelly (Court Reporter G. Power.) (kog) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
63

SUPPLEMENTAL Citations of Authority filed by Mark Martin. (fjg) (Entered: 12/13/2017)

Dec. 12, 2017

Dec. 12, 2017

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64

Pre-trial BRIEF filed by Mark Martin. (fjg) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

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65

ORDER dismissing the case and entering judgment in favor of the Plaintiff. Plaintiff may file his petition to run for office as an independent candidate on or before 5/1/2018. Signed by Judge James M. Moody Jr. on 1/25/2018. (mcz) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

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66

JUDGMENT Pursuant to the Court's findings of facts and conclusions of law set forth in the 65 Order entered on 1/25/2018, judgment is entered in favor of Plaintiff Mark Moore. Plaintiff's request for injunctive relief is granted. Plaintiff may file his petition to run for office as an independent candidate on or before 5/1/2018. The Clerk is directed to close the case. Signed by Judge James M. Moody Jr. on 1/25/2018. (mcz) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

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67

AMENDED 65 ORDER dismissing the case and entering judgment in favor of the Plaintiff. Signed by Judge James M. Moody Jr. on 1/31/2018, nunc pro tunc 1/25/2018. (ljb) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

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68

First MOTION for Costs Bill of Costs with attachments--Plaintiff's Exhibits 1 and 2 by Mark Moore (Linger, James) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

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69

BRIEF IN SUPPORT re 68 Motion for Costs Memorandum Brief in support of verified Bill of Costs with attachment--Plaintiff's Exhibit A filed by Mark Moore. (Linger, James) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

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70

First MOTION for Attorney Fees by Mark Moore (Linger, James) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

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71

BRIEF IN SUPPORT re 65 Order, 70 Motion for Attorney Fees, 66 Judgment, 67 Order filed by Mark Moore. (Attachments: # 1 Exhibit Ex 1 - Affidavit of Jeff Rosenzweig, # 2 Exhibit Ex 2 - Time Sheet of Jeff Rosenzweig, # 3 Exhibit Ex 3 - Affidavit of James C. Linger, # 4 Exhibit Ex 4 - Time Sheet of James C. Linger, # 5 Exhibit Ex 5 - Non-Taxable Costs and Expenses of James C. Linger)(Linger, James) (Entered: 02/07/2018)

1 Exhibit Ex 1 - Affidavit of Jeff Rosenzweig

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2 Exhibit Ex 2 - Time Sheet of Jeff Rosenzweig

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3 Exhibit Ex 3 - Affidavit of James C. Linger

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4 Exhibit Ex 4 - Time Sheet of James C. Linger

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5 Exhibit Ex 5 - Non-Taxable Costs and Expenses of James C. Linger

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Feb. 7, 2018

Feb. 7, 2018

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72

OBJECTION to 68 Plaintiff's Bill of Cost filed by Mark Martin. (fjg) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

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73

BRIEF IN SUPPORT of 72 Objections to Plaintiff's Bill of Costs filed by Mark Martin. (fjg) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

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74

REPLY to Response to Motion re 68 First MOTION for Costs Bill of Costs with attachments--Plaintiff's Exhibits 1 and 2 filed by Mark Moore. (Linger, James) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

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75

OBJECTIONS and RESPONSE to 70 Plaintiff's Request for Attorney Fees filed by Mark Martin. (fjg) (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

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76

BRIEF IN SUPPORT to 75 Objections and Response to Plaintiff's Request for Attorneys Fees filed by Mark Martin. (fjg) (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

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77

NOTICE OF APPEAL as to 65 Order, 66 Judgment, and 67 Amended Order, by Mark Martin. Filing fee of $505 paid, receipt number LIT065855. (Attachments: # 1 Appellate Filing Fee Receipt)(mcz) (Entered: 02/22/2018)

1 Appellate Filing Fee Receipt

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Feb. 22, 2018

Feb. 22, 2018

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78

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 77 Notice of Appeal filed by Mark Martin re: 65 Order, 66 Judgment, and 67 Amended Order. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (mcz) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

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79

REPLY to Response to Motion re 70 First MOTION for Attorney Fees filed by Mark Moore. (Attachments: # 1 Exhibit Plaintiff Moore's Ex 6 - Appellant's Response to Appellee's Motion to Recalll adn Stay Mandate, # 2 Exhibit Plaintiff Moore's Ex 7 - Order of 8th Cir Denying Appellee's Motion to Recall Mandate, # 3 Exhibit Plaintiff Moore's Ex 8 - Order of 8th Cir of 12-29-17 granting Appellee's Motion for Costs and Attorney Fees and Denying Appellant's Motion to Stay the Mandate in the case of Libertarian Party of Ark v. Martin, # 4 Exhibit Plaintiff Moore's Ex 9 - Bill of Costs of Appellant Moore on Appeal)(Linger, James) (Entered: 02/22/2018)

1 Exhibit Plaintiff Moore's Ex 6 - Appellant's Response to Appellee'

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2 Exhibit Plaintiff Moore's Ex 7 - Order of 8th Cir Denying Appellee's M

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3 Exhibit Plaintiff Moore's Ex 8 - Order of 8th Cir of 12-29-17 granting Appe

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4 Exhibit Plaintiff Moore's Ex 9 - Bill of Costs of Appellant Moore on Appeal

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Feb. 22, 2018

Feb. 22, 2018

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80

USCA Docketing Letter and Briefing Schedule as to 77 Notice of Appeal filed by Mark Martin. USCA Case Number 18-1382. Transcript due by 4/3/2018. (mcz) (Entered: 02/23/2018)

Feb. 22, 2018

Feb. 22, 2018

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81

MOTION for Transcript at Government expense, by Mark Martin. (mcz) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

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82

MOTION for Transcript at Government Expense, by Mark Martin. (mcz) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

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83

MOTION to Vacate 66 Judgment/Injunction with Affidavit Attached by All Defendants (Kelly, A.) (Docket text modified on 3/8/2018 to establish linkage)(jak) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

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84

BRIEF IN SUPPORT re 83 Motion to Vacate Injunction filed by All Defendants. (Kelly, A.) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

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NOTICE OF DOCKET CORRECTION re 83 MOTION to Vacate. CORRECTION: The docket text was modified to establish linkage to 66 Judgment.(jak)

March 8, 2018

March 8, 2018

PACER
85

RESPONSE in Opposition re 83 MOTION to Vacate Injunction with Affidavit Attached filed by Mark Moore. (Linger, James) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

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86

REPLY to Response to Motion re 83 MOTION to Vacate Injunction with Affidavit Attached filed by All Defendants. (Kelly, A.) Additional attachment added on 4/3/2018: # 1 Main Document - Correct. (kbc) (Entered: 03/21/2018)

1 Main Document - Correct

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March 21, 2018

March 21, 2018

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87

Deficiency Letter from Clerk of Court notifying party that 86 Reply to Response to Motion to Vacate lacks an attorney's Bar Number (General Order 53). (thd) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
88

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 81 Motion requesting transcript; granting 82 Motion requesting transcript. Signed by Judge James M. Moody Jr. on 3/26/2018. (sjh) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
89

ORDER: Pursuant to Rule 62.1(a)(1), the Court defers ruling on the 83 motion to vacate. Plaintiff's 68, 70 motions for costs and attorneys fees are held in abeyance pending appeal. Signed by Judge James M. Moody Jr. on 3/29/2018. (mcz) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

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90

Transcript of Bench Trial filed for date of 12/12/2017, before Judge James M. Moody Jr, re 77 Notice of Appeal. Court Reporter Eugenie M. Power. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 4/6/2018. Redaction Request due 4/20/2018. Redacted Transcript Deadline set for 4/30/2018. Release of Transcript Restriction set for 6/28/2018. (fcd) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

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91

Transmitted Record on Appeal to US Court of Appeals re 77 Notice of Appeal: Transcript of Bench trial, 12/12/2017 (docket entry 90 ). (mcz) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

RECAP
92

Amended NOTICE OF APPEAL as to 66 Judgment, 86 Reply to Response to Motion, 65 Order, 85 Response in Opposition to Motion, 83 Motion to Vacate, 67 Order, 77 Notice of Appeal, 89 Order by Mark Martin Defendant Secretary of State. (Kelly, A.) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

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93

MOTION to Vacate 86 Reply to Response to Motion, 85 Response in Opposition to Motion, 83 MOTION to Vacate Injunction with Affidavit Attached, Notice of Docket Correction, 84 Brief in Support, 89 Order Renewed Motion on Remand by Mark Martin (Kelly, A.) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

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94

ORDER of USCA as to 77 Notice of Appeal and 92 Amended Notice of Appeal filed by Mark Martin: This matter is remanded to the United States District Court for the purpose of considering an amendment to its 1/31/2018 Amended Order. The clerk of the district court is directed to notify the clerk of this court upon the entry of court's order on remand. (cmn) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

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95

RESPONSE in Opposition re 93 MOTION to Vacate 86 Reply to Response to Motion, 85 Response in Opposition to Motion, 83 MOTION to Vacate Injunction with Affidavit Attached, Notice of Docket Correction, 84 Brief in Support, 89 Order Renewed Motion on filed by Mark Moore. (Linger, James) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

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96

AMENDED ORDER: The Court's Amended Order of January 31, 2018 is amended as follows: 38. Plaintiff may file his petition to run for office as an independent candidate, political practices pledge, affidavit of eligibility, and notice of candidacy on or before 5/1/2018. Signed by Judge James M. Moody Jr. on 4/30/2018. Nunc Pro Tunc 1/25/2018.(cmn) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

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97

ORDER denying 83 Motion to Vacate Injunction as Moot; and denying 93 Renewed Motion to Vacate the Injunction as Moot. Signed by Judge James M. Moody Jr. on 4/30/2018. (cmn) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

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Case Details

State / Territory: Arkansas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Feb. 6, 2014

Closing Date: Aug. 2, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Independent candidates and registered voters of the State of Arkansas

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of the State of Arkansas, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Voting Process Changes

State Statute Struck Down

Amount Defendant Pays: $55,973.62

Order Duration: 2018 - 2019

Issues

Voting:

Candidate qualifications

Voting: General & Misc.

Voting: Physical/Effective Access