Case: Texas NAACP v. Abbott

1:20-cv-01024 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 6, 2020

Closed Date: Oct. 16, 2020

Clearinghouse coding complete

Case Summary

This case is about the Texas Governor’s order on October 1, 2020, limiting each Texas county to one mail ballot drop-off location for the November 2020 election. In response to the COVID-19 pandemic, the Governor had issued an order on July 27, 2020, extending early voting and allowing absentee voters to hand deliver their mail-in ballot during the early voting period. In response to that order and the expected surge of mail-in voting, county officials, particularly in counties with large popul…

This case is about the Texas Governor’s order on October 1, 2020, limiting each Texas county to one mail ballot drop-off location for the November 2020 election. In response to the COVID-19 pandemic, the Governor had issued an order on July 27, 2020, extending early voting and allowing absentee voters to hand deliver their mail-in ballot during the early voting period. In response to that order and the expected surge of mail-in voting, county officials, particularly in counties with large populations, prepared plans for multiple drop-off locations. The Governor’s October 1 order limited in-person drop-off locations to one per county and required existing additional locations to close.

On October 6, 2020, the Texas State Conference of NAACP Branches brought this lawsuit against the Governor of Texas and the Texas Secretary of State in the United States District Court for the Western District of Texas. The plaintiff alleged that the Governor’s order violated the fundamental right to vote guaranteed by the First and Fourteenth Amendments, the Equal Protection Clause of the Fourteenth Amendment, and Section 2 of the Voting Rights Act, 52 U.S.C. § 10301. The plaintiff sought declaratory relief, an injunction prohibiting the defendants from taking any action to prevent counties from having more than one drop-off location, and attorneys’ fees. The case was assigned to U.S. District Judge Robert Pitman.

On October 9, 2020, in a separate case, Texas League of United Latin American Citizens v. Abbott, Judge Pitman issued an injunction blocking implementation of the October 1 order. The defendants appealed that decision to the U.S. Court of Appeals for the 5th Circuit, which granted an order on October 14, 2020, putting Judge Pitman’s injunction on hold through the conclusion of the election.

On October 16, 2020, Texas NAACP dismissed all claims in their case without prejudice.

Summary Authors

John McGinnis (9/27/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18511684/parties/texas-naacp-v-governor-of-texas-greg-abbott/


Judge(s)

Pitman, Robert Lee (Texas)

Attorney for Plaintiff

Notzon, Robert Stephen (Texas)

Spencer, Nickolas A. (Texas)

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Documents in the Clearinghouse

Document
1

1:20-cv-01024

Complaint for Declaratory and Injunctive Relief

Texas Naacp v. Abbott, Et Al

Oct. 6, 2020

Oct. 6, 2020

Complaint
6

1:20-cv-01024

Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction

Texas Naacp v. Abbott, Et Al

Oct. 7, 2020

Oct. 7, 2020

Pleading / Motion / Brief
7

1:20-cv-01024

Memorandum of Law in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction

Texas Naacp v. Abbott, Et Al

Oct. 7, 2020

Oct. 7, 2020

Pleading / Motion / Brief
22

1:20-cv-01024

Notice of Voluntary Dismissal

Texas Naacp v. Abbott, Et Al

Oct. 16, 2020

Oct. 16, 2020

Pleading / Motion / Brief
23

1:20-cv-01024

Order

Texas Naacp v. Abbott, Et Al

Oct. 16, 2020

Oct. 16, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18511684/texas-naacp-v-governor-of-texas-greg-abbott/

Last updated Jan. 30, 2025, 5:49 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Of Voting Rights Violations ( Filing fee $ 400 receipt number 0542-14043304). No Summons requested at this time, filed by Texas NAACP. (Attachments: # 1 Civil Cover Sheet)(Notzon, Robert) (Entered: 10/06/2020)

1 Civil Cover Sheet

View on PACER

Oct. 6, 2020

Oct. 6, 2020

Clearinghouse
2

REQUEST FOR ISSUANCE OF SUMMONS by Texas NAACP. (Notzon, Robert) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER

Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl)

Oct. 6, 2020

Oct. 6, 2020

PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Austin. (dl)

Oct. 6, 2020

Oct. 6, 2020

PACER
3

Summons Issued as to Greg Abbott, Ruth Hughs. (dl) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
4

Pro Hac Vice Letters mailed to Nickolas Spencer, Ezra Rosenberg, John Libby, John Powers, John T. Montgomery and Deanna Barkett FitzGerald. (dl) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
5

MOTION to Appear Pro Hac Vice by Nickolas A. Spencer ( Filing fee $ 100 receipt number 0542-14046718) by on behalf of Texas NAACP. (Spencer, Nickolas) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER

Text Order GRANTING 5 Motion to Appear Pro Hac Vice by attorney Nickolas A. Spencer. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Oct. 7, 2020

Oct. 7, 2020

PACER
6

Opposed MOTION for Temporary Restraining Order and Preliminary Injunction by Texas NAACP. (Attachments: # 1 Proposed Order)(Notzon, Robert) (Entered: 10/07/2020)

1 Proposed Order

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Oct. 7, 2020

Oct. 7, 2020

Clearinghouse
7

BRIEF regarding 6 Opposed MOTION for Temporary Restraining Order and Preliminary Injunction by Texas NAACP. (Attachments: # 1 Affidavit Chatman Decl., # 2 Affidavit Bledsoe Decl., # 3 Affidavit Henderson Decl., # 4 Affidavit Lewis Decl., # 5 Affidavit Robinson Decl.)(Notzon, Robert) (Entered: 10/08/2020)

1 Affidavit Chatman Decl.

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2 Affidavit Bledsoe Decl.

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3 Affidavit Henderson Decl.

View on PACER

4 Affidavit Lewis Decl.

View on PACER

5 Affidavit Robinson Decl.

View on PACER

Oct. 7, 2020

Oct. 7, 2020

Clearinghouse

Case Assigned/Reassigned

Oct. 7, 2020

Oct. 7, 2020

PACER

To be Referred to AU Mag Judge

Oct. 7, 2020

Oct. 7, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Oct. 7, 2020

Oct. 7, 2020

PACER
8

Pro Hac Vice Letters mailed to Deanna Barkett FitzGerald, John Libby, John T. Montgomery, John Powers, and Ezra Rosenberg re: non-admitted status. (cj) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
9

MOTION to Appear Pro Hac Vice by Robert Stephen Notzon for Ezra Rosenberg ( Filing fee $ 100 receipt number 0542-14049723) by on behalf of Texas NAACP. (Notzon, Robert) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
10

MOTION to Appear Pro Hac Vice by Robert Stephen Notzon for John Powers ( Filing fee $ 100 receipt number 0542-14049804) by on behalf of Texas NAACP. (Notzon, Robert) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
11

MOTION to Appear Pro Hac Vice by Robert Stephen Notzon for Deanna Barkett FitzGerald ( Filing fee $ 100 receipt number 0542-14049819) by on behalf of Texas NAACP. (Notzon, Robert) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
12

SUMMONS Returned Executed by Texas NAACP. All Defendants. (Notzon, Robert) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
13

MOTION to Appear Pro Hac Vice by Robert Stephen Notzon for John Libby ( Filing fee $ 100 receipt number 0542-14053491) by on behalf of Texas NAACP. (Notzon, Robert) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
14

MOTION to Appear Pro Hac Vice by Robert Stephen Notzon for John Montgomery ( Filing fee $ 100 receipt number 0542-14053510) by on behalf of Texas NAACP. (Notzon, Robert) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER

SUMMONS Returned Executed Greg Abbott served on 10/7/2020, answer due 10/28/2020; Ruth Hughs served on 10/7/2020, answer due 10/28/2020. (cj) Modified to correct date served on both Summons on 10/9/2020 (cj).

Oct. 8, 2020

Oct. 8, 2020

PACER

Summons Returned Executed

Oct. 8, 2020

Oct. 8, 2020

PACER
15

NOTICE of Filing Amended Chatman Declaration in support of TRO and PI replacing [#7-1] by Texas NAACP (Attachments: # 1 Affidavit Chatman Amended Decl - clean, # 2 Affidavit Chatman Amended Decl - redlined)(Notzon, Robert) (Entered: 10/12/2020)

1 Affidavit Chatman Amended Decl - clean

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2 Affidavit Chatman Amended Decl - redlined

View on PACER

Oct. 12, 2020

Oct. 12, 2020

PACER

Text Order GRANTING 9 Motion to Appear Pro Hac Vice by attorney Ezra Rosenburg. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Oct. 14, 2020

Oct. 14, 2020

PACER
16

ORDER: Telephone Conference set for 10/15/2020 09:00 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (cj) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER

Text Order GRANTING 10 Motion to Appear Pro Hac Vice by attorney John Powers. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Oct. 14, 2020

Oct. 14, 2020

PACER

Text Order GRANTING 11 Motion to Appear Pro Hac Vice by attorney Deanna Barkett FitzGerald. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Oct. 14, 2020

Oct. 14, 2020

PACER

Text Order GRANTING 13 Motion to Appear Pro Hac Vice by attorney John Libby. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Oct. 14, 2020

Oct. 14, 2020

PACER

Text Order GRANTING 14 Motion to Appear Pro Hac Vice by attorney John Montgomery. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Oct. 14, 2020

Oct. 14, 2020

PACER
17

NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Greg Abbott, Ruth Hughs. Attorney Patrick K. Sweeten added to party Greg Abbott(pty:dft), Attorney Patrick K. Sweeten added to party Ruth Hughs(pty:dft) (Sweeten, Patrick) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
18

MOTION for Leave to Exceed Page Limitation as to Response to Plaintiff's Motion for Preliminary Injunction by Greg Abbott, Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
19

Response in Opposition to Motion, filed by Greg Abbott, Ruth Hughs, re 6 Opposed MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Texas NAACP (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Oct. 14, 2020

Oct. 14, 2020

PACER
20

APPENDIX to 19 Response in Opposition to Motion, by Greg Abbott, Ruth Hughs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24)(Sweeten, Patrick) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
21

Minute Entry for proceedings held before Judge Robert Pitman: TelephonicStatus Conference held on 10/15/2020 (Minute entry documents are not available electronically.). (Court Reporter Pamela Andasola.)(cj) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER

Text Order GRANTING 18 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. Defendants' response is limited to no more than 33 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (aa2)

Oct. 15, 2020

Oct. 15, 2020

PACER

Order on Motion for Leave to File Excess Pages

Oct. 15, 2020

Oct. 15, 2020

PACER
22

NOTICE of Voluntary Dismissal by Texas NAACP (Notzon, Robert) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

RECAP
23

ORDER CLOSING CASE. Signed by Judge Robert Pitman. (cj) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 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. 6, 2020

Closing Date: Oct. 16, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Texas NAACP (Texas State Conference of NAACP Branches)

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Texas; Texas Secretary of State, State

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Voting Process Changes

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Voting:

Election administration

Voting: General & Misc.

Voting: Physical/Effective Access