Case: Texas Voters Alliance v. Dallas County

4:20-cv-00775 | U.S. District Court for the Eastern District of Texas

Filed Date: Oct. 9, 2020

Closed Date: Dec. 9, 2020

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Case Summary

On October 9 2020, a voting-rights group and voters brought this action under the Elections Clause, Supremacy Clause, and Help Americans Vote Act (HAVA) against Texas counties, alleging that a nonpartisan, nonprofit organization had awarded COVID-19 relief election administration grants to counties as supplemental funding to ensure the safety of voters, and that counties acted ultra vires in forming public-private partnerships for federal election administration with this organization by accept…

On October 9 2020, a voting-rights group and voters brought this action under the Elections Clause, Supremacy Clause, and Help Americans Vote Act (HAVA) against Texas counties, alleging that a nonpartisan, nonprofit organization had awarded COVID-19 relief election administration grants to counties as supplemental funding to ensure the safety of voters, and that counties acted ultra vires in forming public-private partnerships for federal election administration with this organization by accepting and using the organization's private federal election grant. The case was brought in the United States District Court for the Eastern District of Texas and assigned to Judge Amos L. Mazzant.

Plaintiffs moved for a temporary restraining order, which the court denied on October 20, 2020 for the following reasons:

  1. Plaintiffs failed to allege that counties caused them an injury-in-fact, as required to establish Article III standing;
  2. Plaintiffs failed to establish a causal connection between counties' acceptance of grants and injuries allegedly sustained by plaintiffs, as required to establish Article III standing;
  3. Plaintiffs failed to establish that injuries they allegedly sustained were redressable, as required to establish Article III standing;
  4. The voting rights group plaintiff failed to identify members who had suffered requisite harm, as required for the group to establish Article III organizational standing;
  5. Plaintiffs could not derive a cause of action directly from the constitutional text of Supremacy Clause;
  6. Plaintiffs failed to demonstrate a likelihood of irreparable harm, as required to obtain a preliminary injunction; and
  7. Plaintiffs unreasonably delayed in bringing action. 495 F.Supp.3d 441

Defendants' brought motions to dismiss and in November 2020, Plaintiffs filed notice of Voluntary Dismissal. The case was dismissed on December 9, and is now closed.

Summary Authors

Dylan O'Leary (12/11/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18525220/parties/texas-voters-alliance-v-dallas-county/


Judge(s)

Mazzant, Amos Louis (Texas)

Attorney for Plaintiff
Attorney for Defendant

Hatzel, Cameron Afton (Texas)

Miller, Randall P (Texas)

Nelson, Justin Adatto (Texas)

Schuette, Jason G (Texas)

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Documents in the Clearinghouse

Document
1

4:20-cv-00775

Complaint for Declaratory and Injunctive Relief

Texas Voters Alliance, Et Al V. Dallas County, Et Al

Oct. 9, 2020

Oct. 9, 2020

Complaint
28

4:20-cv-00775

Memorandum Opinion and Order

Texas Voters Alliance, Et Al V. Dallas County, Et Al

Oct. 20, 2020

Oct. 20, 2020

Order/Opinion

495 F.Supp.3d 441

31

4:20-cv-00775

Order of Dismissal

Texas Voters Alliance, Et Al V. Dallas County, Et Al

Dec. 9, 2020

Dec. 9, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18525220/texas-voters-alliance-v-dallas-county/

Last updated Aug. 9, 2025, 10:27 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-8046992.), filed by Alan Vera, Donnie Wisenbaker, Russell Hayter, Texas Voters Alliance, Warren Johnson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Affidavit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Siebman, Clyde) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

RECAP
2

MOTION for Temporary Restraining Order by Russell Hayter, Warren Johnson, Texas Voters Alliance, Alan Vera, Donnie Wisenbaker. (Attachments: # 1 Text of Proposed Order)(Siebman, Clyde) (Entered: 10/09/2020)

1 Text of Proposed Order

View on RECAP

Oct. 9, 2020

Oct. 9, 2020

RECAP
3

NOTICE by Russell Hayter, Warren Johnson, Texas Voters Alliance, Alan Vera, Donnie Wisenbaker re 2 MOTION for Temporary Restraining Order Application for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support Thereof (Siebman, Clyde) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
4

NOTICE by Russell Hayter, Warren Johnson, Texas Voters Alliance, Alan Vera, Donnie Wisenbaker of Hearing for Temporary Restraining Order (Siebman, Clyde) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
5

Additional Attachments to Main Document - CIVIL COVER SHEET: 1 Complaint,.. (Siebman, Clyde) Modified on 10/9/2020 (baf, ). (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER

Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, )

Oct. 9, 2020

Oct. 9, 2020

PACER

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, )

Oct. 9, 2020

Oct. 9, 2020

PACER
6

SUMMONS Issued as to Hopkins County. (baf, ) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
7

SUMMONS Issued as to Hays County. (baf, ) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
8

SUMMONS Issued as to Harris County. (baf, ) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
9

SUMMONS Issued as to Dallas County. (baf, ) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER

Case Assigned/Reassigned

Oct. 9, 2020

Oct. 9, 2020

PACER

Notice of Magistrate Availability

Oct. 9, 2020

Oct. 9, 2020

PACER
10

ORDER Setting Hearing on Motion 2 MOTION for Temporary Restraining Order : Motion Hearing set for 10/16/2020 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. It is further ORDERED that Defendants shall file any response no later than 12:00 noon on Thursday, October 15, 2020. Signed by District Judge Amos L. Mazzant, III on 10/13/2020. (baf, ) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
11

***PLEASE DISREGARD - FILED IN ERROR BY ATTORNEY (PER PHONE CALL)Additional Attachments to Main Document: 1 Complaint. (Siebman, Clyde) Modified on 10/14/2020 (baf, ). (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
12

Additional Attachments to Main Document: 1 Complaint,.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Siebman, Clyde) (Entered: 10/14/2020)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

Oct. 14, 2020

Oct. 14, 2020

PACER

***FILED IN ERROR BY ATTORNEY (PER PHONE CALL). Document # 11, ADDITIONAL ATTACHMENT TO MAIN DOCUMENT 1 . PLEASE IGNORE.*** (baf, )

Oct. 14, 2020

Oct. 14, 2020

PACER
13

SUMMONS Returned Executed by Alan Vera, Donnie Wisenbaker, Russell Hayter, Texas Voters Alliance, Warren Johnson. Dallas County served on 10/14/2020, answer due 11/4/2020. (Siebman, Clyde) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
14

SUMMONS Returned Executed by Alan Vera, Donnie Wisenbaker, Russell Hayter, Texas Voters Alliance, Warren Johnson. Harris County served on 10/14/2020, answer due 11/4/2020. (Siebman, Clyde) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
15

SUMMONS Returned Executed by Alan Vera, Donnie Wisenbaker, Russell Hayter, Texas Voters Alliance, Warren Johnson. Hays County served on 10/14/2020, answer due 11/4/2020. (Siebman, Clyde) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
16

SUMMONS Returned Executed by Alan Vera, Donnie Wisenbaker, Russell Hayter, Texas Voters Alliance, Warren Johnson. Hopkins County served on 10/13/2020, answer due 11/3/2020. (Siebman, Clyde) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
17

NOTICE of Attorney Appearance - Pro Hac Vice by Jason G Schuette on behalf of Dallas County. Filing fee $ 100, receipt number 0540-8053722. (Schuette, Jason) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER

Notice of Docket Correction

Oct. 14, 2020

Oct. 14, 2020

PACER
18

NOTICE of Attorney Appearance - Pro Hac Vice by Randall P Miller on behalf of Dallas County. Filing fee $ 100, receipt number 0540-8054266. (Miller, Randall) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
19

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by Dallas County, Harris County, Hays County, Hopkins County. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Text of Proposed Order)(Nelson, Justin) (Entered: 10/15/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

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4 Exhibit D

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5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Text of Proposed Order

View on PACER

Oct. 15, 2020

Oct. 15, 2020

RECAP

Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place voluminous pleadings in three-ring binder(s). (tls)

Oct. 15, 2020

Oct. 15, 2020

PACER
20

NOTICE of Attorney Appearance by Michael Anthony Shaunessy on behalf of Hays County (Shaunessy, Michael) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
21

NOTICE of Attorney Appearance by Justin Adatto Nelson on behalf of Hopkins County (Nelson, Justin) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER

Remark

Oct. 15, 2020

Oct. 15, 2020

PACER
22

Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Motion Hearing held on 10/16/2020 re 2 MOTION for Temporary Restraining Order filed by Donnie Wisenbaker, Alan Vera, Russell Hayter, Texas Voters Alliance, Warren Johnson. (Court Reporter Jan Mason) (kkc, ) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
23

NOTICE by Dallas County, Harris County, Hays County, Hopkins County re 19 Response in Opposition to Motion, Defendants' Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(Nelson, Justin) (Entered: 10/16/2020)

1 Exhibit A

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Oct. 16, 2020

Oct. 16, 2020

PACER
24

PAPER TRANSCRIPT REQUEST by Hopkins County for proceedings held on 10/16/20 before Judge Judge Amos L. Mazzant, III. (Nelson, Justin) Modified on 10/16/2020 (Forwarded to Jan Mason) (ch, ). (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
25

NOTICE of Attorney Appearance by Cameron Afton Hatzel on behalf of Harris County (Hatzel, Cameron) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
26

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the Motion Hearing held on October 16, 2020 before Judge Amos L. Mazzant. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-209-4013. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (108 pages). Motion to Redact due 11/9/2020. Release of Transcript Restriction set for 1/17/2021. (jm, ) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
27

NOTICE by Dallas County, Harris County, Hays County, Hopkins County re 19 Response in Opposition to Motion, Defendants' Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(Nelson, Justin) (Entered: 10/19/2020)

1 Exhibit A

View on PACER

Oct. 19, 2020

Oct. 19, 2020

PACER
28

MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Plaintiffs' Motion for Temporary Restraining Order (Dkt. 2 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 10/20/2020. (baf, )

Oct. 20, 2020

Oct. 20, 2020

RECAP
29

MOTION to Dismiss Plaintiffs' Complaint for Declaratory and Injunctive Relief by Dallas County, Harris County, Hays County, Hopkins County. (Attachments: # 1 Text of Proposed Order)(Nelson, Justin) (Entered: 10/30/2020)

1 Text of Proposed Order

View on PACER

Oct. 30, 2020

Oct. 30, 2020

PACER
30

NOTICE of Voluntary Dismissal by Russell Hayter, Warren Johnson, Texas Voters Alliance, Alan Vera, Donnie Wisenbaker (Siebman, Clyde) (Additional attachment(s) added on 11/18/2020: # 1 Text of Proposed Order) (baf, ). (Entered: 11/17/2020)

1 Text of Proposed Order

View on PACER

Nov. 17, 2020

Nov. 17, 2020

PACER
31

ORDER OF DISMISSAL. It is hereby ORDERED, ADJUDGED, AND DECREED that this entire action, and all of the claims asserted therein, be DISMISSED PURSUANT TO RULE 41(a)(1)(A)(i) WITHOUT PREJUDICE. Signed by District Judge Amos L. Mazzant, III on 12/9/2020. (rpc, ) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 9, 2020

Closing Date: Dec. 9, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Texas Voters Alliance and individual eligible Texas voters

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Dallas County, Harris County, Hays County, Hopkins County (Dallas), County

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)

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voting: General & Misc.