Case: Donald J. Trump For President, v. Maggie Toulouse Oliver

1:20-cv-01289 | U.S. District Court for the District of New Mexico

Filed Date: Dec. 14, 2020

Closed Date: Feb. 2, 2021

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Case Summary

This case challenged changes to absentee and mail-in voting requirements made due to the Coronavirus pandemic, with specific focus on permitted ballot drop-off procedures. On December 14, 2020, a campaign committee filed this lawsuit in the U.S. District Court for the District of New Mexico. Plaintiff sued the New Mexico Secretary of State, the Electors of New Mexico, and the State Canvassing Board of New Mexico. Plaintiff alleged violations of U.S. Constitution Article I, section 4 (Election…

This case challenged changes to absentee and mail-in voting requirements made due to the Coronavirus pandemic, with specific focus on permitted ballot drop-off procedures.

On December 14, 2020, a campaign committee filed this lawsuit in the U.S. District Court for the District of New Mexico. Plaintiff sued the New Mexico Secretary of State, the Electors of New Mexico, and the State Canvassing Board of New Mexico. Plaintiff alleged violations of U.S. Constitution Article I, section 4 (Elections Clause) and Article II, section 1, clause 2 (Electors Clause). Represented by private counsel, plaintiff sought a temporary restraining order (“TRO”) and preliminary injunction delaying certification of votes for President and Vice President in the 2020 general election, the canvassing and investigation of drop boxes for depositing absentee ballots, and potential invalidation of votes based on that investigation. Plaintiff alleged the Secretary’s determination that absentee ballots could be returned to drop boxes located outside polling places (instead of handed to the presiding judge) was a non-legislative change to state election law. According to plaintiff, the U.S. Constitution only permits the state legislature to set rules governing elections and the appointment of electors. In the alternative, plaintiff sought summary disposition in its favor, the vacation of the appointment and certification of New Mexico presidential electors, and remand for the state legislature to allocate electors through constitutional means that did not rely on 2020 election results that have invalid ballots. The case was assigned to United States District Judge Martha Vazquez and United States Magistrate Judge Jerry H. Ritter.

On December 15, 2020, the Court ordered an expedited briefing schedule and declined to issue a TRO on an ex parte basis, finding plaintiff did not certify efforts made to provide notice to defendants or why notice should not be required. The Court also found that, given plaintiff filed more than a month after the election, it had not shown immediate or irreparable injury would result to it before defendants are permitted to respond.

On December 22, 2020, plaintiff filed a First Amended Complaint adding allegations that results from Dominion voting machines cannot be certified, citing an expert report from a separate Michigan lawsuit that alleged inaccuracies from Dominion software and equipment used in that state. The amended complaint also added in the prayer for relief a request for emergency confiscation and preservation of all Dominion voting machines and software in New Mexico and the forensic examination and analysis of the machines.

On January 5, 2021, defendants filed a response and motion to dismiss. Defendants asserted the drop box guidance was issued pursuant to authority granted by the legislature and was consistent with the election code. They also noted that the Republican Party of New Mexico filed a lawsuit before the election seeking to enforce the use of drop boxes pursuant to the Secretary’s guidance (or discontinue use of the drop boxes if not). Defendants also asserted that plaintiff waited to see who won the election before filing the lawsuit, and this “game-playing is precisely why the doctrine of laches not only exists, but is particularly strictly enforced in the elections context.” Plaintiff’s delay allegedly prejudiced defendants and voters, and also rendered the lawsuit moot because New Mexico electors had already voted, certified, and submitted their votes to federal officials. Also, defendants noted that plaintiff’s challenges to the Dominion machines were based solely on a challenge to use of the machines in Michigan that had already been rejected by a Michigan federal court, and failed to state any claim. Defendants also asserted that plaintiff had no standing because alleged generalized failures to comply with law were not countenanced, the relief requested would not redress the alleged harm. Lastly, Defendants argued that the Electors Clause claim, if it existed, belonged to the legislature.

On January 11, 2021, plaintiff filed a Notice of Voluntary Dismissal without prejudice and later filed a motion to dismiss, stating the decision is “[b]ased on events that have transpired since the inception of this lawsuit ….” By Order dated February 2, 2021, the Court concluded the notice of dismissal was self-executing and, thus, the motion to dismiss was moot. The case was dismissed without prejudice and closed.

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Summary Authors

Kelly Tsai (6/5/2024)

Madilynn O'Hara (9/25/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18740703/parties/donald-j-trump-for-president-inc-v-toulouse-oliver/

Judge(s)

Attorney for Plaintiff

Caruso, Mark J (New Mexico)

Attorney for Defendant

Expert/Monitor/Master/Other

Brailey, Emily (New Mexico)

Calderon, Melissa Elise (New Mexico)

Elias, Marc E (New Mexico)

Gordon, Matthew (New Mexico)

Judge(s)

Vazquez, Martha Alicia (New Mexico)

Attorney for Plaintiff

Caruso, Mark J (New Mexico)

Smith, Michael (New Mexico)

Attorney for Defendant

Lange, Dylan Kenneth (New Mexico)

Maestas, Tania (New Mexico)

Expert/Monitor/Master/Other

Brailey, Emily (New Mexico)

Calderon, Melissa Elise (New Mexico)

Elias, Marc E (New Mexico)

Gordon, Matthew (New Mexico)

Melendres, Paul (New Mexico)

Nkwonta, Uzoma Nkem (New Mexico)

Shelly, Jacob D (New Mexico)

Taylor, Torryn (New Mexico)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:20-cv-01289	Motion for Preliminary Injunction and Temporary Restraining Order or, Alternatively, for Stay and Administrative Stay DJT for President, Inc. v. Oliver	Dec. 14, 2020	Dec. 14, 2020 Pleading / Motion / Brief
3 1:20-cv-01289	Order Setting Briefing Schedule DJT for President, Inc. v. Oliver	Dec. 15, 2020	Dec. 15, 2020 Order/Opinion
9 1:20-cv-01289	First Amended Motion for Preliminary Injunction and Temporary Restraining Order or, Alternatively, for Stay and Administrative Stay DJT for President, Inc. v. Oliver	Dec. 22, 2020	Dec. 22, 2020 Pleading / Motion / Brief
33 1:20-cv-01289	Proposed Intervenor-Defendant's Opposition to Plaintiff's Motion for a Temporary Restraining Order and a Preliminary Injunction and Incorporated Memorandum of Law DJT for President, Inc. v. Oliver	Jan. 5, 2021	Jan. 5, 2021 Pleading / Motion / Brief
31 1:20-cv-01289	Combined Motion to Dismiss and Response to Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order or, Alternatively for Stay DJT for President, Inc. v. Oliver	Jan. 5, 2021	Jan. 5, 2021 Pleading / Motion / Brief
35 1:20-cv-01289	Motion DJT for President, Inc. v. Oliver	Jan. 8, 2021	Jan. 8, 2021 Pleading / Motion / Brief
34 1:20-cv-01289	Memorandum Opinion and Order Granting DNC's Motion to Intervene DJT for President, Inc. v. Oliver	Jan. 8, 2021	Jan. 8, 2021 Order/Opinion
36 1:20-cv-01289	Notice of Voluntary Dismissal DJT for President, Inc. v. Oliver	Jan. 11, 2021	Jan. 11, 2021 Pleading / Motion / Brief
37 1:20-cv-01289	Motion to Voluntarily Dismiss DJT for President, Inc. v. Oliver	Jan. 11, 2021	Jan. 11, 2021 Pleading / Motion / Brief
38 1:20-cv-01289	Order Dismissing Case Without Prejudice DJT for President, Inc. v. Oliver	Feb. 2, 2021	Feb. 2, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18740703/donald-j-trump-for-president-inc-v-toulouse-oliver/

Last updated June 3, 2024, 6:32 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Donald J. Trump for President, Inc ( Filing Fee - Online Payment), filed by Donald J. Trump for President, Inc. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Civil Cover Sheet TRO Information, # 3 Affidavit Verification, # 4 Exhibit Exhibit 1, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 3, # 7 Exhibit Exhibit 4)(Caruso, Mark) (Entered: 12/14/2020) 1 Civil Cover Sheet Cover Sheet View on RECAP 2 Civil Cover Sheet TRO Information View on RECAP 3 Affidavit Verification View on RECAP 4 Exhibit Exhibit 1 View on RECAP 5 Exhibit Exhibit 2 View on RECAP 6 Exhibit Exhibit 3 View on RECAP 7 Exhibit Exhibit 4 View on RECAP	Dec. 14, 2020	Dec. 14, 2020 Clearinghouse
	Add and Terminate Judges	Dec. 14, 2020	Dec. 14, 2020 PACER
	United States District Judge Martha Vazquez and United States Magistrate Judge Jerry H. Ritter assigned. (dr)	Dec. 14, 2020	Dec. 14, 2020 PACER
	Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7454727 re 1 Complaint, filed by Donald J. Trump for President, Inc (Payment made via Pay.gov)(Caruso, Mark)	Dec. 15, 2020	Dec. 15, 2020 PACER
	Filing and Admin Fees Received	Dec. 15, 2020	Dec. 15, 2020 PACER
2	*FILED IN ERROR* MOTION for Issuance Issuance of Summons by Donald J. Trump for President, Inc. (Caruso, Mark) Modified text on 12/16/2020 add error language. Advised attorney of procedure for issuance of summonses (gr). (Entered: 12/15/2020)	Dec. 15, 2020	Dec. 15, 2020 PACER
3	ORDER Setting Expedited Briefing Schedule by District Judge Martha Vazquez. Response Due 12/24/2020. Reply Due 12/28/2020. See order for specifics. (gr) (Entered: 12/15/2020)	Dec. 15, 2020	Dec. 15, 2020 Clearinghouse
4	CERTIFICATE OF SERVICE by Donald J. Trump for President, Inc Certificate of Service (Attachments: # 1 Exhibit Fax Confirmation, # 2 Exhibit Fax Confirmation)(Caruso, Mark) (Entered: 12/16/2020) 1 Exhibit Fax Confirmation View on PACER 2 Exhibit Fax Confirmation View on PACER	Dec. 16, 2020	Dec. 16, 2020 PACER
	Summons Issued	Dec. 16, 2020	Dec. 16, 2020 PACER
	Summons Issued as to Maggie Toulouse Oliver. (arp)	Dec. 16, 2020	Dec. 16, 2020 PACER
5	ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Donald J. Trump for President, Inc by Mark J Caruso on behalf of: Michael Smith 433 Belle Grove Dr. P.O. Box 833022Richardson TX 75080 6147153900 michael@taalaw.com (Association Dues - Online Payment) (Caruso, Mark)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/17/2020)	Dec. 17, 2020	Dec. 17, 2020 PACER
6	CERTIFICATE OF SERVICE by Donald J. Trump for President, Inc Cert of Good Standing (Caruso, Mark) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 PACER
7	AFFIDAVIT of Service for Affadavit Affidavit of Service served on Hector Balderas Attorney General on 12/17/2020, filed by Donald J. Trump for President, Inc. (Caruso, Mark) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 PACER
8	NOTICE of Appearance by Melissa Elise Calderon on behalf of DNC Services Corporation/Democratic National Committee (Calderon, Melissa) (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 PACER
9	AMENDED COMPLAINT First Amended Complaint against all Defendants, filed by Donald J. Trump for President, Inc. (Attachments: # 1 Exhibit Exhibit 5, # 2 Exhibit Exhibit 6)(Caruso, Mark) Modified text on 12/23/2020 changed parties the Amended Complaint is against. (gr). (Entered: 12/22/2020) 1 View on RECAP 2 View on RECAP	Dec. 22, 2020	Dec. 22, 2020 Clearinghouse
10	CERTIFICATE OF SERVICE by Donald J. Trump for President, Inc Cert Of Service H. Baldera (Caruso, Mark) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020 PACER
11	CERTIFICATE OF SERVICE by Donald J. Trump for President, Inc Cert of Service (Caruso, Mark) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020 PACER
12	MOTION to Intervene by DNC Services Corporation/Democratic National Committee. (Attachments: # 1 Exhibit Exhibit A - Proposed MTD) (Calderon, Melissa) (Entered: 12/22/2020) 1 Exhibit Exhibit A - Proposed MTD View on PACER	Dec. 22, 2020	Dec. 22, 2020 PACER
	Association Dues for Attorney Licensed Outside the District	Dec. 22, 2020	Dec. 22, 2020 PACER
13	ASSOCIATION of Attorney Licensed Outside the District for Intervenor DNC Services Corporation/Democratic National Committee by Emily Brailey (Association Dues - Online Payment) (Brailey, Emily)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020 PACER
	Association Dues Received: $ 100 receipt number ANMDC-7467317 re: # 13 Association of Attorney Licensed Outside the District, filed by DNC Services Corporation/Democratic National Committee (Payment made via Pay.gov)(Brailey, Emily)	Dec. 22, 2020	Dec. 22, 2020 PACER
14	ASSOCIATION of Attorney Licensed Outside the District for Intervenor DNC Services Corporation/Democratic National Committee by Marc E Elias (Association Dues - Online Payment) (Elias, Marc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020 PACER
	Association Dues Received: $ 100 receipt number ANMDC-7467339 re: # 14 Association of Attorney Licensed Outside the District, filed by DNC Services Corporation/Democratic National Committee (Payment made via Pay.gov)(Elias, Marc)	Dec. 22, 2020	Dec. 22, 2020 PACER
15	ASSOCIATION of Attorney Licensed Outside the District for Intervenor DNC Services Corporation/Democratic National Committee by Uzoma Nkem Nkwonta (Association Dues - Online Payment) (Nkwonta, Uzoma)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020 PACER
	Association Dues Received: $ 100 receipt number ANMDC-7467345 re: # 15 Association of Attorney Licensed Outside the District, filed by DNC Services Corporation/Democratic National Committee (Payment made via Pay.gov)(Nkwonta, Uzoma)	Dec. 22, 2020	Dec. 22, 2020 PACER
16	ASSOCIATION of Attorney Licensed Outside the District for Intervenor DNC Services Corporation/Democratic National Committee by Jacob D Shelly (Association Dues - Online Payment) (Shelly, Jacob)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020 PACER
	Association Dues Received: $ 100 receipt number ANMDC-7467354 re: # 16 Association of Attorney Licensed Outside the District, filed by DNC Services Corporation/Democratic National Committee (Payment made via Pay.gov)(Shelly, Jacob)	Dec. 22, 2020	Dec. 22, 2020 PACER
17	ORDER AMENDING BRIEFING SCHEDULE by District Judge Martha Vazquez. The Court further finds that, given Plaintiff's decision to amend rather than proceed with his original filing, there is no basis for an expedited briefing schedule. Accordingly, the briefing deadlines set forth in D.N.M. Local Rule 7.4(a) shall apply to Plaintiff's Amended Motion. (laz) (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020 RECAP
18	ASSOCIATION of Attorney Licensed Outside the District for Intervenor DNC Services Corporation/Democratic National Committee by Matthew Gordon (Association Dues - Online Payment) (Gordon, Matthew)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020 PACER
	Association Dues Received: $ 100 receipt number ANMDC-7467617 re: # 18 Association of Attorney Licensed Outside the District, filed by DNC Services Corporation/Democratic National Committee (Payment made via Pay.gov)(Gordon, Matthew)	Dec. 23, 2020	Dec. 23, 2020 PACER
	Association Dues for Attorney Licensed Outside the District	Dec. 23, 2020	Dec. 23, 2020 PACER
19	ASSOCIATION of Attorney Licensed Outside the District for Intervenor DNC Services Corporation/Democratic National Committee by Torryn Taylor (Association Dues - Online Payment) (Taylor, Torryn)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020 PACER
	Association Dues Received: $ 100 receipt number ANMDC-7467651 re: # 19 Association of Attorney Licensed Outside the District, filed by DNC Services Corporation/Democratic National Committee (Payment made via Pay.gov)(Taylor, Torryn)	Dec. 23, 2020	Dec. 23, 2020 PACER
	Association Dues Received: $ 100 receipt number ANMDC-7467828 re: # 5 Association of Attorney Licensed Outside the District, filed by Donald J. Trump for President, Inc (Payment made via Pay.gov)(Caruso, Mark)	Dec. 23, 2020	Dec. 23, 2020 PACER
20	NOTICE of Appearance by Mark J Caruso on behalf of Donald J. Trump for President, Inc (Caruso, Mark) (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020 PACER
21	NOTICE of Appearance by Tania Maestas on behalf of Maggie Toulouse Oliver (Maestas, Tania) (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020 PACER
22	DECLARATION re 14 Association of Attorney Licensed Outside the District, by DNC Services Corporation/Democratic National Committee (Elias, Marc) (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020 RECAP
26	DECLARATION re 13 Association of Attorney Licensed Outside the District, by DNC Services Corporation/Democratic National Committee (Brailey, Emily) (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020 RECAP
28	NOTICE by DNC Services Corporation/Democratic National Committee Of Good Standing of Counsel from Perkins Coie, LLP seeking to appear Pro Hac Vice (Calderon, Melissa) (Entered: 01/04/2021)	Jan. 4, 2021	Jan. 4, 2021 RECAP
29	RESPONSE in Opposition re 12 MOTION to Intervene Plts Opposition to Mtn to Intervene filed by Donald J. Trump for President, Inc. (Caruso, Mark) (Entered: 01/05/2021)	Jan. 5, 2021	Jan. 5, 2021 RECAP
30	CERTIFICATE OF SERVICE by Donald J. Trump for President, Inc Cert Of Service Opposition to Mtn to Intervene (Caruso, Mark) (Entered: 01/05/2021)	Jan. 5, 2021	Jan. 5, 2021 PACER
31	ANSWER to Complaint and Motion to Dismiss by Maggie Toulouse Oliver, State Canvassing Board of New Mexico. Related document: 9 Amended Complaint, filed by Donald J. Trump for President, Inc, 1 Complaint, filed by Donald J. Trump for President, Inc. (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)(Maestas, Tania) (Entered: 01/05/2021) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 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	Jan. 5, 2021	Jan. 5, 2021 Clearinghouse
32	CERTIFICATE OF SERVICE by Maggie Toulouse Oliver, State Canvassing Board of New Mexico re 31 Answer to Complaint, and Motion to Dismiss (Maestas, Tania) (Entered: 01/05/2021)	Jan. 5, 2021	Jan. 5, 2021 PACER
33	MEMORANDUM in Opposition re 1 Complaint, for Temporary Restraining Order and Preliminary Injunction filed by DNC Services Corporation/Democratic National Committee. (Calderon, Melissa) (Entered: 01/05/2021)	Jan. 5, 2021	Jan. 5, 2021 Clearinghouse
34	MEMORANDUM OPINION AND ORDER by District Judge Martha Vazquez GRANTING 12 MOTION to Intervene. IT IS THEREFORE ORDERED that the DNC's Motion to Intervene as Defendants and Memorandum of Law in Support [Doc. 12] is GRANTED. IT IS FURTHER ORDERED that if the DNC wishes to pursue its proposed motion to dismiss, which is attached as an exhibit to the DNC's Motion, it must file the motion to dismiss as a separate document. (laz) (Entered: 01/08/2021)	Jan. 8, 2021	Jan. 8, 2021 Clearinghouse
35	MOTION to Dismiss by DNC Services Corporation/Democratic National Committee. (Calderon, Melissa) (Entered: 01/08/2021)	Jan. 8, 2021	Jan. 8, 2021 Clearinghouse
36	NOTICE of Voluntary Dismissal of Case by Donald J. Trump for President, Inc (Caruso, Mark) (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021 Clearinghouse
37	MOTION to Dismiss Voluntary Mtn to Dismiss by Donald J. Trump for President, Inc. (Caruso, Mark) (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021 Clearinghouse
38	ORDER by District Judge Martha Vazquez FINDING AS MOOT 37 Motion to Dismiss. IT IS THEREFORE ORDERED that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and Plaintiff's Notice [Doc. 36 ], this case is dismissed without prejudice and shall be closed; Plaintiff's Motion [Doc. 37 ] accordingly is found as moot. (gr) (Entered: 02/02/2021)	Feb. 2, 2021	Feb. 2, 2021 Clearinghouse