Filed Date: Oct. 26, 2020
Closed Date: Oct. 28, 2020
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On October 26, 2020, two qualified absentee voters sued the Arkansas Secretary of State and several state election officials for declaratory relief and an injunction prohibiting election officials from refusing to continue counting absentee ballots after polls close on election day as required under state law. They filed suit in the U.S. District Court for the Eastern District of Arkansas.
Under Arkansas Code 7-5-416 and 7-5-411, election officials can only begin the substantive process of counting absentee ballots at 8:30 a.m. on election day and must finish prior to polls closing that same day and not later than 7:30 p.m. With the backdrop of Covid-19 and a 550% increase of registered absentee voters in the state, the plaintiffs alleged that it would be impossible for all absentee ballots to be counted by the deadline.
The plaintiffs presented two causes of action. First, they requested declaratory judgment that the statutes violated Arkansas’ citizens’ rights to have their votes counted under the state constitution. Second, they requested preliminary and permanent injunctions ordering the defendants to not refuse to count the otherwise valid absentee ballots after polls close. The case was assigned to Judge Brian S. Miller.
Defendants removed the case to federal court the same day it was filed and also moved to consolidate the case with another case also named Wince v. Thurston as both presented common questions of law and fact. The court granted the motion to consolidate the cases and terminated the docket. The court made no substantive findings on the complaint, injunction, or other relief on this docket.
Summary Authors
Rebecca Shore (12/18/2023)
Wince v. Thurston, Eastern District of Arkansas (2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18573913/parties/wince-v-thurston/
Miller, Brian Stacy (Arkansas)
Keller, Thomas Christoph (Arkansas)
Tull, John E. (Arkansas)
Cantrell, Michael (Arkansas)
Mosley, Michael Allen (Arkansas)
Miller, Brian Stacy (Arkansas)
See docket on RECAP: https://www.courtlistener.com/docket/18573913/wince-v-thurston/
Last updated March 15, 2024, 3:02 a.m.
State / Territory: Arkansas
Case Type(s):
Key Dates
Filing Date: Oct. 26, 2020
Closing Date: Oct. 28, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Private parties
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Secretary of State of Arkansas, State
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Voting: