Case: Bally v. Whitmer

1:20-cv-01088 | U.S. District Court for the Western District of Michigan

Filed Date: Nov. 11, 2020

Closed Date: Nov. 16, 2020

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Case Summary

This case challenged the certification of Michigan’s presidential electors for the 2020 election, citing various reports of irregularities and fraud in Ingham, Washtenaw, and Wayne counties, all of which voted overwhelming for Joe Biden. On November 11, 2020, three Michigan voters filed this lawsuit in the U.S. District Court for the Western District of Michigan. They sued the Governor of Michigan, the Michigan Board of Canvassers, the Ingham County Board of Canvassers, the Washtenaw County Boa…

This case challenged the certification of Michigan’s presidential electors for the 2020 election, citing various reports of irregularities and fraud in Ingham, Washtenaw, and Wayne counties, all of which voted overwhelming for Joe Biden. On November 11, 2020, three Michigan voters filed this lawsuit in the U.S. District Court for the Western District of Michigan. They sued the Governor of Michigan, the Michigan Board of Canvassers, the Ingham County Board of Canvassers, the Washtenaw County Board of Canvassers, and the Wayne County Board of Canvassers under 42 U.S.C. § 1983.

Represented by private counsel, the plaintiffs alleged there was sufficient evidence to call into doubt the election results in those three counties and that counting illegal votes in the identified counties would dilute plaintiffs’ legal votes, in violation of the First and Fourteenth Amendments to the U.S. Constitution. The plaintiffs sought declaratory relief and an injunction requiring defendants to exclude all votes from those three counties in the state’s presidential election results, as well as attorneys’ fees. The case was assigned to District Judge Janet Neff.

On November 13, 2020, a memorandum regarding a potentially related case was returned to the Clerk from Magistrate Judge Kent noting that many of the allegations in this lawsuit were lifted directly from Donald J. Trump For President v. Benson.

On November 16, 2020, the plaintiffs moved to voluntarily dismiss their complaint.

This case appears closed.

Summary Authors

John McGinnis (9/9/2025)

Related Cases

Donald J. Trump For President, Inc. v. Benson, Western District of Michigan (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18620198/parties/bally-v-whitmer/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Bressack, Darryl G. (Michigan)

Fink, David H. (Michigan)

Fink, Nathan Joshua (Michigan)

Expert/Monitor/Master/Other

Driker, Eugene (Michigan)

Glazek, Stephen E. (Michigan)

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Documents in the Clearinghouse

Document
1

1:20-cv-01088

Verified Complaint for Declaratory and Injunctive Relief

Bally V. Whitmer

Nov. 11, 2020

Nov. 11, 2020

Complaint
6

1:20-cv-01088

Memorandum

Nov. 13, 2020

Nov. 13, 2020

Magistrate Report/Recommendation
10

1:20-cv-01088

Motion by Non-Parties Michigan State Conference NAACP, Wendell Anthony, Yvonne White, and Andre Wilkes to Intervene and for Leave to File a Responsive Pleading on the Same Schedule as Defendants

Nov. 14, 2020

Nov. 14, 2020

Pleading / Motion / Brief
11

1:20-cv-01088

Memorandum in Support of Motion of Non-Parties Michigan State Conference NAACP, Wendell Anthony, Yvonne White, and Andre Wilkes to Intervene and for Leave to File a Responsive Pleading on the Same Schedule as Defendants

Bally V. Whitmer

Nov. 14, 2020

Nov. 14, 2020

Justification Memo
14

1:20-cv-01088

Notice of Voluntary Dismissal

Bally V. Whitmer

Nov. 16, 2020

Nov. 16, 2020

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18620198/bally-v-whitmer/

Last updated Oct. 7, 2025, 1:43 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by Steven Butler, Lena Bally, Gavriel Grossbard, Carol Hatch (Goss, Maxwell); Modified text on 11/12/2020 (pjw). (Entered: 11/11/2020)

Nov. 11, 2020

Nov. 11, 2020

Clearinghouse

Filing Fee (Civil Case) - Credit Card Payment

Nov. 11, 2020

Nov. 11, 2020

FILING FEE PAID re 1 by plaintiffs Lena Bally, Steven Butler, Gavriel Grossbard, Carol Hatch in the amount of $400, receipt number AMIWDC-5918233 (Goss, Maxwell)

Nov. 11, 2020

Nov. 11, 2020

2

PROPOSED SUMMONS to be issued re 1 (Goss, Maxwell) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
3

MOTION to expedite by plaintiffs Lena Bally, Steven Butler, Gavriel Grossbard, Carol Hatch; (Goss, Maxwell) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

RECAP
4

BRIEF in support of MOTION to expedite 3 - expedited consideration requested filed by Lena Bally, Steven Butler, Gavriel Grossbard, Carol Hatch (Attachments: # 1 Exhibit A - Proposed Order Setting Scheduling Conference, # 2 Exhibit B - Proposed Order Granting Motion to Expedite) (Goss, Maxwell) (Entered: 11/12/2020)

1 Exhibit A - Proposed Order Setting Scheduling Conference

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2 Exhibit B - Proposed Order Granting Motion to Expedite

View on PACER

Nov. 12, 2020

Nov. 12, 2020

RECAP
5

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to expedite 3 filed by Lena Bally, Steven Butler, Gavriel Grossbard, Carol Hatch (Goss, Maxwell) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

RECAP
6

Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Kent indicating that this case is related to 1:20-cv-1083 (tlbu) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

Clearinghouse
7

NOTICE that this case has been assigned Janet T. Neff (pjw) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
8

SUMMONS ISSUED as to defendants Jeannette Bradshaw, Mary Hall-Thiam, William Hartmann, Jonathan C. Kinloch, Julie Matuzak, Michigan Board of State Canvassers, Monica Palmer, Malcolm Doug Scott, Norman D. Shinkle, Dan Smith, Aaron Van Langevelde, Washtenaw County Board of Canvassers, Wayne County Board of County Canvassers, Gretchen Whitmer, Allen Wilson (pjw) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

RECAP
9

SUMMONS ISSUED as to defendants Rebecca Bahar-Cook, Barb Byrum, Joe Groff, Ingham County Board of Canvassers, Ted Lawson, Teena Weaver-Gordon, Jude Wells (pjw) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
10

MOTION to intervene and file responsive pleadings on the same schedule as defendants by Michigan State Confernce NAACP, Yvonne White, Wendell Anthony and Andre Wilkes (Driker, Eugene) Modified filers and text on 11/16/2020 (pjw). (Entered: 11/14/2020)

Nov. 14, 2020

Nov. 14, 2020

Clearinghouse
11

MEMORANDUM in support of Motion to Intervene 10 filed by Michigan State Conference, NAACP, Andre Wilkes, Yvonne White and Wendell Anthony (Attachments: # 1 Exhibit Boockvar Complaint, # 2 Exhibit Yvonne White Declaration, # 3 Exhibit Andre Wilkes Declaration, # 4 Exhibit Wendell Anthony Declaration) (Driker, Eugene) Modified filers on 11/16/2020 (pjw). (Entered: 11/14/2020)

1 Exhibit Boockvar Complaint

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2 Exhibit Yvonne White Declaration

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3 Exhibit Andre Wilkes Declaration

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4 Exhibit Wendell Anthony Declaration

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Nov. 14, 2020

Nov. 14, 2020

Clearinghouse
12

NOTICE re 10 Certificate re Concurrence Efforts by intervenor Michigan State Conference, NAACP, Andre Wilkes, Yvonne White and Wendell Anthony (Driker, Eugene) Modified filers on 11/16/2020 (pjw). (Entered: 11/14/2020)

Nov. 14, 2020

Nov. 14, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Eugene Driker on behalf of intervenor MICHIGAN STATE CONFERENCE NAACP ; party MICHIGAN STATE CONFERENCE NAACP added (Driker, Eugene)

Nov. 14, 2020

Nov. 14, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of Eugene Driker on behalf of intervenor Yvonne White ; party Yvonne White added (Driker, Eugene)

Nov. 14, 2020

Nov. 14, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of Eugene Driker on behalf of intervenor Wendell Anthony ; party Wendell Anthony added (Driker, Eugene)

Nov. 14, 2020

Nov. 14, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of Eugene Driker on behalf of intervenor Andre Wilkes ; party Andre Wilkes added (Driker, Eugene)

Nov. 14, 2020

Nov. 14, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of Stephen E. Glazek on behalf of intervenor MICHIGAN STATE CONFERENCE NAACP (Glazek, Stephen)

Nov. 14, 2020

Nov. 14, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of Stephen E. Glazek on behalf of intervenor Wendell Anthony (Glazek, Stephen)

Nov. 14, 2020

Nov. 14, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of Stephen E. Glazek on behalf of intervenor Yvonne White (Glazek, Stephen)

Nov. 14, 2020

Nov. 14, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of Stephen E. Glazek on behalf of intervenor Andre Wilkes (Glazek, Stephen)

Nov. 14, 2020

Nov. 14, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of Jon Greenbaum on behalf of intervenor parties Wendell Anthony, MICHIGAN STATE CONFERENCE NAACP, Yvonne White, Andre Wilkes (Greenbaum, Jon)

Nov. 15, 2020

Nov. 15, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of David H. Fink on behalf of intervenor-defendant City of Detroit ; party City of Detroit added (Fink, David)

Nov. 15, 2020

Nov. 15, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of Darryl G. Bressack on behalf of intervenor-defendant City of Detroit (Bressack, Darryl)

Nov. 15, 2020

Nov. 15, 2020

(NON-DOCUMENT) ATTORNEY APPEARANCE of Nathan Joshua Fink on behalf of intervenor-defendant City of Detroit (Fink, Nathan)

Nov. 15, 2020

Nov. 15, 2020

13

ORDER; Responses, if any, to the motion to intervene 10 shall be filed not later than 5:00 PM on 11/16/20; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

RECAP
14

NOTICE OF VOLUNTARY DISMISSAL of case filed by plaintiffs Lena Bally, Steven Butler, Gavriel Grossbard, Carol Hatch (Goss, Maxwell) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

Clearinghouse

Case Details

State / Territory:

Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 11, 2020

Closing Date: Nov. 16, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Michigan voters who voted in the 2020 presidential election

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wayne County Board of County Canvassers (Wayne), County

Ingham County Board of Canvassers (Ingham), County

Washtenaw County Board of Canvassers (Washtenaw), County

Governor of Michigan, State

Michigan Board of Canvassers, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Other Dockets:

Western District of Michigan 1:20-cv-01088

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Election administration

Vote dilution

Voting: General & Misc.