Filed Date: Oct. 2, 2020
Closed Date: Oct. 19, 2020
Clearinghouse coding complete
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 March 7, 2026, 5:12 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
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
Federal
DC Board of Elections
State
Alex Padilla, Secretary of State
Barbara K. Cegavske
Brad Raffensperger, Secretary of State
Chris Sununu, Governor
Commonwealth of Kentucky State Board of Election
Corey Stapleton, Secretary of State
Denise W. Merrill, Secretary of State
Gail Fenumiai, Director of Elections
Gavin Newsom, Governor
Hon. Andrew M. Cuomo, Governor
Hon. Tahesha Way, Secretary of State
Illinois Legislator
Indiana House of Representative and Senate
Jim Condos, Secretary of State
John Carney, Governor
John R. Ashcroft, Secretary of State
Joycelyn Benson, Secretary of State
Kathy Boockvar, Secretary of Commonwealth
Katie Hobbs, Secretary of State
Maggie Toulouse Oliver, Secretary of State
Maryland Board of Elections
Massachusetts State Legislature
Office of Elections
Oklahoma State Election Board
Paul Prete, Secretary of State
Robert B. Evnen, Secretary of State
South Carolina General Assembly
Spencer Cox, Lt. Governor
State of West Virginia
Steve Barnett, Secretary of State
Steve Simon, Secretary of State
Virginia Department of Elections
Wisconsin Election Commission
Defendant Type(s):
Case Details
Constitutional Clause(s):
Other Dockets:
Eastern District of Missouri 1:20-cv-00209
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Content of Injunction:
Issues
General/Misc.:
Voting:
Case Summary of Ostrowski v. Office of Elections, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/44423/ (last updated 11/2/2023).