Filed Date: Oct. 2, 2020
Closed Date: Oct. 19, 2020
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This case concerns the constitutionality of voting procedures and practices across various states.
On October 2, 2020, an eligible voter and a resident of Missouri filed this lawsuit in the U.S. District Court for the Eastern District of Missouri, against election officials and offices from 35 different states. Plaintiff claimed that the casting of a ballot is an act of free expression and defendants, by not having adequate safeguards in place, violated the First Amendment rights of voters. He claimed that current practices, as implemented and utilized by the defendants, ran afoul to those laid out by the Twelfth Amendment. He further argued that votes were treated arbitrarily and disparately, in violation of the Fourteenth Amendment. Representing himself pro se, plaintiff sought injunctive relief. Specifically, plaintiff sought reform of voting procedures such that mail-in and absentee ballots must be notarized in order to be counted.
On October 19, 2020, the court dismissed plaintiff’s complaint as frivolous, and for failure to state a claim. Judge Stephen N. Limbaugh, Jr. held that the plaintiff’s complaint did not explain how any of the 35 defendants violated his constitutional rights. Notably, plaintiff did not claim to have attempted to vote in any of the states named as defendants. The court found that the plaintiff’s constitutional argument was speculative and vague, providing no legal basis nor evidence as to how his constitutional rights had been affected. The action was dismissed without prejudice, with the court further ordering that “an appeal from this dismissal would not be taken in good faith.”
The case is closed.
Summary Authors
Kirby Shilling (11/2/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18502040/parties/ostrowski-v-office-of-elections/
Limbaugh, Stephen Nathaniel (Missouri)
Ostrowski, Andrew (Missouri)
See docket on RECAP: https://www.courtlistener.com/docket/18502040/ostrowski-v-office-of-elections/
Last updated Jan. 30, 2025, 6:08 p.m.
State / Territory: Missouri
Case Type(s):
Key Dates
Filing Date: Oct. 2, 2020
Closing Date: Oct. 19, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Missouri resident, eligible voter.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Office of Elections (Pearl City, Hawaii), State
Spencer Cox, Lt. Governor (Salt Lake City, Utah), State
Gail Fenumiai, Director of Elections (Juneau, Alaska), State
Katie Hobbs, Secretary of State (Phoenix, Arizona), State
Alex Padilla, Secretary of State (Sacramento, California), State
Gavin Newsom, Governor (Sacramento, California), State
DC Board of Elections (Washington, District of Columbia), Federal
Brad Raffensperger, Secretary of State (Atlanta, Georgia), State
Illinois Legislator (Springfield, Illinois), State
Paul Prete, Secretary of State (Des Moines, Iowa), State
Maryland Board of Elections (Annapolis, Maryland), State
Joycelyn Benson, Secretary of State (Standish, Michigan), State
Steve Simon, Secretary of State (St. Paul, Minnesota), State
Corey Stapleton, Secretary of State (Helena, Montana), State
Robert B. Evnen, Secretary of State (Lincoln, Nebraska), State
Barbara K. Cegavske (Carson City, Nevada), State
Hon. Tahesha Way, Secretary of State (Trenton, New Jersey), State
Maggie Toulouse Oliver, Secretary of State (Santa Fe, New Mexico), State
Oklahoma State Election Board (Oklahoma City, Oklahoma), State
Kathy Boockvar, Secretary of Commonwealth (Harrisburg, Pennsylvania), State
Steve Barnett, Secretary of State (Pierre, South Dakota), State
Jim Condos, Secretary of State (Montpelier, Vermont), State
Virginia Department of Elections (Richmond, Virginia), State
Wisconsin Election Commission (Madison, Wisconsin), State
Denise W. Merrill, Secretary of State (Hartford, Connecticut), State
John Carney, Governor (Wilmington, Delaware), State
Indiana House of Representative and Senate (Indianapolis, Indiana), State
Commonwealth of Kentucky State Board of Election (Frankfort, Kentucky), State
Massachusetts State Legislature (Boston, Massachusetts), State
Chris Sununu, Governor (Concord, New Hampshire), State
Hon. Andrew M. Cuomo, Governor (Albany, New York), State
South Carolina General Assembly (Columbia, South Carolina), State
John R. Ashcroft, Secretary of State (Cole), State
State of West Virginia (Charleston, West Virginia), State
Defendant Type(s):
Case Details
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Content of Injunction:
Issues
General/Misc.:
Voting: