Case: Davis v. Stapleton

6:20-cv-00062 | U.S. District Court for the District of Montana

Filed Date: Aug. 10, 2020

Closed Date: Sept. 22, 2020

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Case Summary

This is a case about Montana invalidating ballots of the Green Party, after a primary election was concluded. On August 11, 2020, the plaintiffs who represented candidates for state office and Green Party voters filed this lawsuit in the United States District Court in the District of Montana, Helena Division. The plaintiffs sued Corey Stapleton in his official capacity as the Secretary of State of Montana under the Due Process Clause of the Fourteenth Amendment. The Montana Democratic Party an…

This is a case about Montana invalidating ballots of the Green Party, after a primary election was concluded. On August 11, 2020, the plaintiffs who represented candidates for state office and Green Party voters filed this lawsuit in the United States District Court in the District of Montana, Helena Division. The plaintiffs sued Corey Stapleton in his official capacity as the Secretary of State of Montana under the Due Process Clause of the Fourteenth Amendment. The Montana Democratic Party and several voters moved to intervene in the lawsuit, which was granted by the court on August 14. 2020. Represented by private counsel, the plaintiffs sought declaratory relief from the court and a temporary injunction prohibiting the Secretary of State from omitting Green Party candidates from the ballot who were elected during the primary election, per a previous Montana state court order, as well as attorney’s fees. The case was assigned to Judge Dana Christensen.

On March 6, 2020, the Secretary of State of Montana certified the Green Party’s ballot qualification petition to qualify for the Primary election ballot. The Plaintiffs and approximately 800 Montana voters had completed their Green Party ballots and submitted to election officials before the primary election on June 2, 2020, per the directions mailed to voters by the office of the Secretary of State. Montana voters may only complete one party ballot for primary elections; those who chose to complete a Green Party ballot could not complete a ballot for any other party. The day before the primary election, the Montana Democratic Party filed a lawsuit in State Court to invalidate the Green Party’s petition and to remove the Green Party from the primary ballot. After the qualification petition for the Green Party ballot had met the requirement to qualify for the ballot, several signers had requested to withdraw their signatures, causing the qualification petition to fall below the threshold required to qualify the Green Party for the ballot. On August 7, 2020, the state court enjoined the Secretary of State from giving effect to the Green Party’s qualification petition for the primary ballot. The Montana court had found that the Montana Republican Party had funded and mobilized voters to sign the Green Party’s qualification petition, which had led many of the signatories of the qualification petition to withdraw their signatures en masse.  

Plaintiffs alleged that the Montana state court’s ruling violated their Fourteenth Amendment right to due process, as the election was “conducted in a manner that is fundamentally unfair” (citing Bennett v. Yoshina, 140 F. 3d 1218, 1226), as the voters relied on the established election procedure about the primary election and a significant number of voters would be disenfranchised by the ruling. The Intervenor Defendants opposed the Plaintiff’s request for a preliminary injunction or a temporary restraining order and argued that the court should abstain under the Pullman doctrine, as the state court case was being appealed.

The Court’s opinion, dated August 19, 2020, denied the plaintiff’s motion for a preliminary injunction and a temporary restraining order. The Court evaluated whether the plaintiffs were entitled to the preliminary injunction or temporary restraining order, applying the Ninth Circuit standard. First, the Court evaluated whether the plaintiffs were likely to succeed on the merits of the Due Process claim. The Court rejected Plaintiff’s claim that Montana voters relied on an established election procedure, as there was no precedent for the withdrawal of signatures from a ballot qualification petition. Further, the court noted that rather than “significant disenfranchisement” the Plaintiffs faced “garden variety election irregularities” that did not rise to the level of being “fundamentally unfair”. Further, the Court found that while the Plaintiffs had demonstrated a likelihood of irreparable harm in having their lawfully cast ballots disregarded, if the court were to issue injunctive relief, the Intervenor-Defendants would also face irreparable harm in having their withdrawn signatures to the qualification petition go un-honored. The Court emphasized that the public interest and the equitable considerations favor refusing to interfere with the state’s administration of its own election laws and “allowing the state’s judiciary and legislation to function without any unnecessary federal intervention”, thereby denying plaintiff’s motion.

The plaintiffs appealed the denial of the temporary restraining order to the Ninth Circuit on August 19, 2020, but later voluntarily dismissed the appeal on September 18, 2020. The Ninth Circuit dismissed the appeal on September 22, 2020.

Summary Authors

(2/28/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17433460/parties/davis-v-stapleton/


Judge(s)

Christensen, Dana Lewis (Montana)

Attorney for Plaintiff
Attorney for Defendant

Gordon, Matthew P. (Montana)

James, Austin M. (Montana)

Meloy, Peter M. (Montana)

Expert/Monitor/Master/Other

Milanovich, Anita Y. (Montana)

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Documents in the Clearinghouse

Document
1

6:20-cv-00062

Verified Complaint for Declaratory and Injunctive Relief

Aug. 11, 2020

Aug. 11, 2020

Complaint
6

6:20-cv-00062

Order

Aug. 12, 2020

Aug. 12, 2020

Order/Opinion
9

6:20-cv-00062

Proposed Intervenor Defendants' Brief in Support of Emergency Motion to Intervene as Defendants

Aug. 13, 2020

Aug. 13, 2020

Pleading / Motion / Brief
10

6:20-cv-00062

Plaintiffs' Withdrawal of Objection to Intervention by the Montana Democratic Party

Aug. 14, 2020

Aug. 14, 2020

Pleading / Motion / Brief
11

6:20-cv-00062

Order

Aug. 14, 2020

Aug. 14, 2020

Order/Opinion
20

6:20-cv-00062

Order

Aug. 19, 2020

Aug. 19, 2020

Order/Opinion

480 F.Supp.3d 1099

21

6:20-cv-00062

Notice of Appeal Preliminary Injunction Appeal

Aug. 19, 2020

Aug. 19, 2020

Pleading / Motion / Brief
23

6:20-cv-00062

Brief in Support of Emergency Motion for Injunction Pending Appeal

Aug. 20, 2020

Aug. 20, 2020

Pleading / Motion / Brief
24

6:20-cv-00062

Order

Aug. 20, 2020

Aug. 20, 2020

Order/Opinion
32

6:20-cv-00062

Order

Sept. 18, 2020

Sept. 18, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17433460/davis-v-stapleton/

Last updated Jan. 30, 2025, 6:13 p.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Corey Stapleton,filed by Royal Davis, Gary Marbut, Teresa Harsch, Tom Harsch. (Attachments: # 1 Ex 1 Green Party Ballot, # 2 Ex 2 Voter Instructions, # 3 Ex 3 State Complaint, # 4 Ex 4 State Court Order, # 5 Civil Cover Sheet) (HEG) (Entered: 08/11/2020)

1 Ex 1 Green Party Ballot

View on PACER

2 Ex 2 Voter Instructions

View on PACER

3 Ex 3 State Complaint

View on PACER

4 Ex 4 State Court Order

View on PACER

5 Civil Cover Sheet

View on PACER

Aug. 11, 2020

Aug. 11, 2020

Clearinghouse

Filing fee: $ 400, receipt number 0977-2525080 (HEG)

Aug. 11, 2020

Aug. 11, 2020

PACER
2

Summons Issued as to Corey Stapleton. Copy emailed to counsel for service. (HEG) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
3

MOTION for Temporary Restraining Order And Preliminary Injunction Matthew G. Monforton appearing for Plaintiffs Royal Davis, Teresa Harsch, Tom Harsch, Gary Marbut (Monforton, Matthew) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
4

Brief/Memorandum in Support re 3 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Royal Davis, Teresa Harsch, Tom Harsch, Gary Marbut. (Monforton, Matthew) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
5

AFFIDAVIT of Service for Complaint, Summons, Mtn for TRO-Prel Inj, Brf in Support served on Secretary of State on Aug 11, 2020, filed by Royal Davis, Teresa Harsch, Tom Harsch, Gary Marbut. (Monforton, Matthew) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER

Filing Fee Received

Aug. 11, 2020

Aug. 11, 2020

PACER
6

ORDER: Defendant shall file a response on or before August 17, 2020 to the motion for temporary restraining order and preliminary injunction. IT IS FURTHER ORDERED that Plaintiffs shall serve this Order upon Defendant. Signed by Judge Dana L. Christensen on 8/12/2020. (ASG) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

Clearinghouse
7

AFFIDAVIT of Service for Scheduling Order served on Secretary of State on Aug 13, 2020, filed by Royal Davis, Teresa Harsch, Tom Harsch, Gary Marbut. (Attachments: # 1 Exhibit) (Monforton, Matthew) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
8

EMERGENCY MOTION TO INTERVENE AS DEFENDANTS. Peter M. Meloy appearing for Interested Parties Montana Democratic Party, Ryan Filz, Madeline Neumeyer, Rebecca Weed. (HEG) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
9

Brief/Memorandum in Support re 8 MOTION to Intervene filed by Montana Democratic Party, Ryan Filz, Madeline Neumeyer, Rebecca Weed. (Attachments: # 1 Corporate Disclosure Statement, # 2 Proposed Answer) (HEG) (Entered: 08/13/2020)

1 Corporate Disclosure Statement

View on PACER

2 Proposed Answer

View on PACER

Aug. 13, 2020

Aug. 13, 2020

Clearinghouse
10

RESPONSE to Motion re 8 MOTION to Intervene (Plaintiffs' Withdrawal of Objection to Intervention) filed by Royal Davis. (Monforton, Matthew) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

Clearinghouse
11

ORDER granting 8 Motion to Intervene. Intervenor-Defendants shall file a response to Plaintiffs motion for a temporary restraining order on or before August 17, 2020.IT IS FURTHER ORDERED that Plaintiffs may file an optional reply brief on or before August 18, 2020. Signed by Judge Dana L. Christensen on 8/14/2020. (HEG) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

Clearinghouse
12

MOTION to File Amicus Brief Anita Y. Milanovich appearing for Amicus Montana Republican Party (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Appendix Appendix to Proposed Amicus Brief) (Milanovich, Anita) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
13

ORDER granting 12 Motion to File Amicus Brief. IT IS FURTHER ORDERED that any party opposed to the arguments presented in MTGOPs amicus brief may file a response on or before August 18, 2020. Signed by Judge Dana L. Christensen on 8/17/2020. (HEG) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
14

NOTICE of Appearance by Austin M. James on behalf Corey Stapleton (James, Austin) Modified on 8/17/2020 to correct attorney representation as to Corey Stapleton (HEG). (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
15

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Corey Stapelton (James, Austin) Modified on 8/17/2020 to correct attorney representation as to Corey Stapleton (HEG). (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
16

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Ryan Filz, Montana Democratic Party, Madeline Neumeyer, Rebecca Weed. (Gordon, Matthew) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
17

AFFIDAVIT/DECLARATION re 16 Response to Motion for Temporary Restraining Order and Preliminary Injunction by Ryan Filz, Montana Democratic Party, Madeline Neumeyer, Rebecca Weed. (Attachments: # 1 Exhibit A - Findings of Fact and Conclusions of Law in State Court Action, # 2 Exhibit B - Facebook Post from Montana Green Party, # 3 Exhibit C - Secretary of State's Brief in Response to Motion to Intervene in State Court Action, # 4 Exhibit D - Montana Republican Party's Reply Brief to Motion to Intervene in State Court Action, # 5 Exhibit E - Affidavit of Royal Aubrey Davis in State Court Action, # 6 Exhibit F - Affidavit of Gary Marbut in State Court Action, # 7 Exhibit G - Gary Marbut's Untimely Motion to Intervene in State Court Action) (Gordon, Matthew) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
18

REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Royal Davis. (Attachments: # 1 Exhibit Excerpts of Hearing Transcript) (Monforton, Matthew) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
19

RESPONSE to Motion re 12 MOTION to File Amicus Brief and Brief of Amicus The Montana Republican Party Supporting Plaintiffs' Motion for Injunctive Relief filed by Ryan Filz, Montana Democratic Party, Madeline Neumeyer, Rebecca Weed. (Gordon, Matthew) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
20

ORDERED: Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 3) is DENIED. IT IS FURTHER ORDERED that the parties shall file notices apprising the Court of whether a case or controversy remains in this matter on or before August 21, 2020. A copy of this Order provided to the Clerk of the Montana Supreme Court. Signed by Judge Dana L. Christensen on 8/19/2020. (HEG) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

Clearinghouse
21

NOTICE OF INTERLOCUTORY APPEAL as to 20 Order on Motion for TRO, by Royal Davis. Filing fee $ 505, receipt number 0977-2529651. (Monforton, Matthew) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

Clearinghouse
22

Emergency MOTION for Preliminary Injunction Pending Appeal Matthew G. Monforton appearing for Plaintiff Royal Davis (Monforton, Matthew) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
23

Brief/Memorandum in Support re 22 Emergency MOTION for Preliminary Injunction Pending Appeal filed by Royal Davis. (Monforton, Matthew) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

Clearinghouse
24

ORDER denying 22 emergency motion for injunction pending appeal. Signed by Judge Dana L. Christensen on 8/20/2020. (ASG) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

Clearinghouse
25

USCA Case Number 20-35734 for 21 Notice of Interlocutory Appeal filed by Royal Davis. (JEH) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
26

ORDER of USCA as to 21 Notice of Interlocutory Appeal filed by Royal Davis. (JEH) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
27

NOTICE by Royal Davis Re: Case Status (Monforton, Matthew) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
28

NOTICE by Ryan Filz, Montana Democratic Party, Madeline Neumeyer, Rebecca Weed of Case Status (Attachments: # 1 Exhibit A - Montana Supreme Court Order Affirming First District Ruling, # 2 Exhibit B - Montana Supreme Court Order Denying Stay) (Gordon, Matthew) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
29

Intervenor-Defendants' ANSWER to 1 Complaint, by Ryan Filz, Montana Democratic Party, Madeline Neumeyer, Rebecca Weed. (Gordon, Matthew) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
30

ORDER of USCA as to 21 Notice of Interlocutory Appeal filed by Royal Davis. (HEG) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
31

Unopposed MOTION to Dismiss Matthew G. Monforton appearing for Plaintiff Royal Davis (Attachments: # 1 Text of Proposed Order) (Monforton, Matthew) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
32

ORDERED: Plaintiffs Unopposed Motion for Voluntary Dismissal (Doc. 31) is GRANTED. IT IS FURTHER ORDERED that this matter is DISMISSED with prejudice. IT IS FURTHER ORDERED that each party shall bear its own costs and fees. Signed by Judge Dana L. Christensen on 9/18/2020. (HEG) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

Clearinghouse
33

MANDATE of USCA as to 21 Notice of Interlocutory Appeal filed by Royal Davis. This appeal is dismissed. (HEG) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER

Case Details

State / Territory: Montana

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Aug. 10, 2020

Closing Date: Sept. 22, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several Green Party Candidates and voters who voted in the primary election in 2020.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Montana, State

Democratic Party of Montana, Political Party

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Candidate qualifications

Election administration

Vote decision rules

Voter qualifications

Voting: General & Misc.