Case: Texas Organizing Project v. Callanen

5:20-cv-01189 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 6, 2020

Closed Date: Oct. 20, 2020

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Case Summary

This is a federal case that addressed only jurisdiction issues relating to a petition filed in state court that was removed to federal court. Plaintiffs, non-profit organizations Texas Organization Project and MOVE Texas Civic Fund, and a registered voter filed a Petition and Application for Temporary Injunction in Bexar County District Court on October 6, 2020 in advance of the upcoming November 3, 2020, general election. Plaintiffs sued the Bexar County Elections Administrator, the Bexar Coun…

This is a federal case that addressed only jurisdiction issues relating to a petition filed in state court that was removed to federal court.

Plaintiffs, non-profit organizations Texas Organization Project and MOVE Texas Civic Fund, and a registered voter filed a Petition and Application for Temporary Injunction in Bexar County District Court on October 6, 2020 in advance of the upcoming November 3, 2020, general election. Plaintiffs sued the Bexar County Elections Administrator, the Bexar County Judge, and Bexar County Commissioners in their official capacities for alleged violations of various Texas state voting laws. Petitioners sought declaratory relief that Bexar County violated state voting laws by “by refusing to provide proper notice of polling places; refusing to administer the volunteer deputy registrar exam and refusing to appoint volunteer deputy registrars until applicants take and pass the exam elsewhere; and failing to operate a legally sufficient number of polling places on Election Day.” Petitioners sought injunctive relief requiring Bexar County to comply with state voting laws in a timely manner.

The Bexar County District Court granted defendants’ motion to remove the case to federal district court, based on plaintiffs’ references to the federal Voting Rights Act in the complaint. The Western District of Texas court then found that it did not have federal subject matter jurisdiction, and even if it did, it would exercise Pullman abstention. Thus, it ordered the case remanded back to state court.

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Summary Authors

Gabrielle Jackson (11/8/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18511530/parties/texas-organizing-project-v-callanen-bexar-county-elections-administrator/

Judge(s)

Biery, Samuel Frederick (Texas)

Attorney for Plaintiff

Marziani, Mimi M.D. (Texas)

Mirza, Hani (Texas)

Attorney for Defendant

Green, Robert D. (Texas)

Judge(s)

Biery, Samuel Frederick (Texas)

Attorney for Plaintiff

Marziani, Mimi M.D. (Texas)

Mirza, Hani (Texas)

Attorney for Defendant

Green, Robert D. (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1-1 5:20-cv-01189	Exhibit Original Verified Petition and Application for TRO	Oct. 6, 2020	Oct. 6, 2020 Pleading / Motion / Brief
7 5:20-cv-01189	Order on Motion to Remand to State Court	Oct. 7, 2020	Oct. 7, 2020 Order/Opinion 493 F.Supp.3d 540

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18511530/texas-organizing-project-v-callanen-bexar-county-elections-administrator/

Last updated Aug. 9, 2025, 10:25 p.m.

ECF Number	Description	Date	Link Date / Link
1	NOTICE OF REMOVAL by Kevin Wolff, Justin Rodriguez, Nelson Wolff, Jacquelyn F. Callanen, Bexar County Elections Administrator, Sergio Rodriguez, Tommy Calvert (Filing fee $400 receipt number 0542-14043253), filed by Kevin Wolff, Justin Rodriguez, Nelson Wolff, Jacquelyn F. Callanen, Bexar County Elections Administrator, Sergio Rodriguez, Tommy Calvert. (Attachments: # 1 Exhibit Original Verified Petition and Application for Temporary Restraining Order, # 2 Exhibit State Court Case Events Page, # 3 Civil Cover Sheet, # 4 Supplement)(Green, Robert) (Entered: 10/06/2020) 1 Exhibit Original Verified Petition and Application for Temporary Restraining Ord View on RECAP 2 Exhibit State Court Case Events Page View on RECAP 3 Civil Cover Sheet View on PACER 4 Supplement View on PACER	Oct. 6, 2020	Oct. 6, 2020 PACER
	Case assigned to Judge Fred Biery. 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. (bc)	Oct. 6, 2020	Oct. 6, 2020 PACER
	If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (bc)	Oct. 6, 2020	Oct. 6, 2020 PACER
2	Opposed MOTION to Remand to State Court (EMERGENCY) by Jennifer K. Falcon, MOVE Texas Civil Fund, Texas Organizing Project. (Attachments: # 1 Proposed Order)(Mirza, Hani) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 PACER
3	Letter sent to attorney: Joaquin Gonzalez regarding admission into the Western District of Texas. (bc) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 PACER
	Case Assigned/Reassigned	Oct. 7, 2020	Oct. 7, 2020 PACER
	To be Referred to SA Mag Judge	Oct. 7, 2020	Oct. 7, 2020 PACER
4	Order	Oct. 7, 2020	Oct. 7, 2020 RECAP
5	Response in Opposition to Motion	Oct. 7, 2020	Oct. 7, 2020 PACER
6	Reply to Response to Motion	Oct. 7, 2020	Oct. 7, 2020 PACER
7	Order on Motion to Remand to State Court	Oct. 8, 2020	Oct. 8, 2020 RECAP
8	Remark	Oct. 8, 2020	Oct. 8, 2020 PACER
9	Letter/Correspondence	Oct. 22, 2020	Oct. 22, 2020 RECAP