Case: League of Women Voters v. Thurston

5:20-cv-05174 | U.S. District Court for the Western District of Arkansas

Filed Date: Sept. 22, 2020

Closed Date: Sept. 23, 2023

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Case Summary

This case regarded the constitutionality of Arkansas’ requirements for absentee voting. Arkansas law requires election officials to reject absentee ballots that lack a voter’s signature or for which the officials perceive a mismatch between the name, signature, address, or date of birth on a voter’s absentee ballot and their absentee ballot materials. Once officials conclude an absentee ballot is deficient on these grounds, affected voters receive neither an opportunity to cure nor any notice t…

On September 22, 2020, the League of Women Voters of Arkansas and several Arkansas residents who were interested in voting by mail but at high risk of having their ballots rejected without notice or an opportunity to cure, filed a lawsuit in the U.S. District Court for the Western District of Arkansas, Fayetteville Division against Arkansas Secretary of State John Thurston and the members of the Arkansas State Board of Election Commissioners. The plaintiffs were represented by the Lawyers' Committee for Civil Rights and private counsel. The suit alleged that Arkansas’ absentee ballot regime failed to protect the fundamental right to vote and stripped Arkansas voters of due process. The plaintiffs sought injunctive relief enjoining the defendants from enforcing the statute to the extent that it failed to provide absentee voters with pre-rejection notice and a hearing or other opportunity to resolve the alleged mismatch or missing signature, date of birth, or address, as well as a number of other requests for the defendants to reform Arkansas’ absentee voting regime.

On September 28, 2020, the plaintiffs filed a motion for a preliminary injunction, along with a motion to expedite briefing on that motion. The defendants filed a response to that motion to expedite on October 5. The following day, on October 6, 2020, the plaintiffs’ motion to expedite was denied by Judge Paul Kinloch Holmes III on the grounds that any case such as this one with the potential to affect election rules close in time to votes being cast, the court should exercise additional discretion. The plaintiffs’ motion for a preliminary injunction was denied on October 26, 2020, as Judge Holmes found that plaintiffs’ allegations and declarations, taken as true, do not show a likelihood of irreparable harm in the absence of a preliminary injunction.

On October 13, 2020, the defendants filed a motion to dismiss the case, arguing that the plaintiffs lack standing, the defendants have sovereign immunity from plaintiffs’ claims, the plaintiffs have failed to state a claim under which relief can be granted and the plaintiffs failed to join indispensable parties. The motion was granted in part and denied in part on November 15, 2021. Judge Holmes denied most of the defendants’ claims but dismissed the plaintiffs’ separate due process claim under Eighth Circuit precedent that general due process precedent does not apply when state law implicates the right to vote, and instead the sliding scale Anderson/Burdick standard should be used to evaluate such a statute’s constitutionality. The plaintiffs’ claim that the Arkansas statute failed to protect the fundamental right to vote was preserved.

On May 8, 2021, plaintiff Dr. Robert William Allen died. Plaintiffs filed a suggestion of death on his behalf, and his separate claims for relief were dismissed.

Defendants filed a motion to compel on December 12, 2022, stating that certain plaintiffs had failed to provide responses to interrogatories, requests for admission, and requests for production that had been served on them months before, as well as medical records related to the health conditions referenced in the complaint despite defendants’ requests. Plaintiffs voluntarily dismissed two plaintiffs from the case, rendering defendants’ motion moot as to them. The motion to compel was granted, and another plaintiff was ultimately dismissed from the case, as well.

Following the dismissal of those three plaintiffs, defendants moved for summary judgment on January 10, 2023. A bench trial had previously been set for March 27, 2023, in Fort Smith, AR, to be presided over by Judge Holmes, but was canceled on February 9, 2023. The defendants’ motion for summary judgment was granted on the grounds that the name, address, date-of-birth, and signature-matching requirements pose only a minimal burden on the right to vote, Arkansas has a compelling regulatory interest in regulating elections, and the statute is reasonable and nondiscriminatory. 2023 WL 6446015. Consequently, the case was dismissed with prejudice by Judge Holmes on September 29, 2023. 2023 WL 6445795.

This case is closed.

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Summary Authors

Colin Cantwell (12/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18462062/parties/league-of-women-voters-of-arkansas-v-thurston/

Judge(s)

Attorney for Plaintiff

Chaudhuri, Pooja (Arkansas)

Couch, David A. (Arkansas)

Attorney for Defendant

Brascher, Justin (Arkansas)

Cantrell, Michael A. (Arkansas)

Cryer, Christine A. (Arkansas)

Judge(s)

Holmes, Paul Kinloch (Arkansas)

Attorney for Plaintiff

Chaudhuri, Pooja (Arkansas)

Couch, David A. (Arkansas)

Marley, Julianne J. (Arkansas)

McCann, Dana R. (Arkansas)

Powers, John Michael (Arkansas)

Rivkin, David W, (Arkansas)

Rosenberg, Ezra D (Arkansas)

Saltzman, Zachary H. (Arkansas)

SHORT, CAREN E (Arkansas)

Snow, Ryan (Arkansas)

Sundararajan, Anagha (Arkansas)

Williford, Harold W. (Arkansas)

Attorney for Defendant

Brascher, Justin (Arkansas)

Cantrell, Michael A. (Arkansas)

Cryer, Christine A. (Arkansas)

Ford, Matthew Michael (Arkansas)

Morrison, Kesia (Arkansas)

White, Brooks Christopher (Arkansas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2 5:20-cv-05174	Complaint	Sept. 22, 2020	Sept. 22, 2020 Complaint
11 5:20-cv-05174	Amended Complaint	Sept. 28, 2020	Sept. 28, 2020 Complaint
12 5:20-cv-05174	Plaintiffs' Motion for Preliminary Injunction	Sept. 28, 2020	Sept. 28, 2020 Pleading / Motion / Brief
13 5:20-cv-05174	Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction	Sept. 28, 2020	Sept. 28, 2020 Pleading / Motion / Brief
23 5:20-cv-05174	Order on Motion for Miscellaneous Relief	Oct. 6, 2020	Oct. 6, 2020 Order/Opinion
32 5:20-cv-05174	Plaintiffs' Reply to Defendants' Response in Opposition to Motion for Preliminary Injunction	Oct. 15, 2020	Oct. 15, 2020 Pleading / Motion / Brief
34 5:20-cv-05174	Opinion and Order	Oct. 26, 2020	Oct. 26, 2020 Order/Opinion 2020 WL 6269598
42 5:20-cv-05174	Second Amended Complaint	Jan. 12, 2021	Jan. 12, 2021 Complaint
54 5:20-cv-05174	Opinion and Order	Nov. 15, 2021	Nov. 15, 2021 Order/Opinion 2021 WL 5312640
97 5:20-cv-05174	Opinion and Order	Dec. 23, 2022	Dec. 23, 2022 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18462062/league-of-women-voters-of-arkansas-v-thurston/

Last updated Oct. 30, 2025, 10:52 p.m.

ECF Number	Description	Date	Link Date / Link
1	CIVIL COVER SHEET for case initiated by Robert William Allen, League of Women Voters of Arkansas, John McNee. Please proceed with filing your case initiating document(s).If the case initiating documents are not filed by Close of Business the next business day your case may be terminated. (tg) (Entered: 09/22/2020)	Sept. 22, 2020	Sept. 22, 2020
2	COMPLAINT against Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston ( Filing fee $ 400 receipt number AARWDC-2228876), filed by Robert William Allen, League of Women Voters of Arkansas, John McNee.(Couch, David) (Entered: 09/22/2020)	Sept. 22, 2020	Sept. 22, 2020 Clearinghouse
3	Corporate Disclosure Statement by League of Women Voters of Arkansas. (Couch, David) (Entered: 09/22/2020)	Sept. 22, 2020	Sept. 22, 2020
4	Magistrate Notice/Consent Form furnished. (lgd) (Entered: 09/22/2020)	Sept. 22, 2020	Sept. 22, 2020
5	THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to John Thurston, Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp and J. Harmon Smith for service of the following document: 2 Complaint,. (Attachments: # 1 Summons Requested to Sharon Brooks, # 2 Summons Requested to Bilenda Harris-Ritter, # 3 Summons Requested to J. Harmon Smith, # 4 Summons Requested to William Luther, # 5 Summons Requested to Charles Roberts, # 6 Summons Requested to James Sharp)(Couch, David) (Entered: 09/22/2020)	Sept. 22, 2020	Sept. 22, 2020
6	THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg) (Entered: 09/22/2020)	Sept. 22, 2020	Sept. 22, 2020
7	MOTION for Attorney John Powers to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2232122) by Robert William Allen, League of Women Voters of Arkansas, John McNee. (Powers, John) (Entered: 09/25/2020)	Sept. 25, 2020	Sept. 25, 2020
8	TEXT ONLY ORDER granting 7 Motion to Appear Pro Hac Vice. Attorney John Michael Powers is now appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on September 25, 2020. (rab) (Entered: 09/25/2020)	Sept. 25, 2020	Sept. 25, 2020
9	MOTION for Attorney Julianne J. Marley to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2232349) by Robert William Allen, League of Women Voters of Arkansas, John McNee. (Marley, Julianne) (Entered: 09/25/2020)	Sept. 25, 2020	Sept. 25, 2020
	Order on Motion to Appear Pro Hac Vice	Sept. 25, 2020	Sept. 25, 2020
10	TEXT ONLY ORDER granting 9 Motion to Appear Pro Hac Vice. Attorney Julianne J. Marley is now appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on September 28, 2020. (jas) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
11	AMENDED COMPLAINT as to 2 Complaint, against Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston, filed by Robert William Allen, Aelica I. Orsi, League of Women Voters of Arkansas, John McNee. Related document: 2 Complaint, filed by John McNee, League of Women Voters of Arkansas, Robert William Allen.(Couch, David) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 Clearinghouse
12	MOTION for Preliminary Injunction by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Couch, David) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 Clearinghouse
13	MEMORANDUM BRIEF in Support of 12 MOTION for Preliminary Injunction by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Attachments: # 1 Exhibit A - Declaration of Nell Matthews Mock, # 2 Exhibit B - Declaration of Robert William Allen, # 3 Exhibit C - Declaration of John Robert McNee, # 4 Exhibit D - Declaration of Aelica I. Orsi, # 5 Exhibit E - Declaration of Susan Inman, # 6 Exhibit F - Declaration of Dr. Linton A. Mohammed)(Couch, David) (Entered: 09/28/2020) 1 Exhibit A - Declaration of Nell Matthews Mock View on PACER 2 Exhibit B - Declaration of Robert William Allen View on PACER 3 Exhibit C - Declaration of John Robert McNee View on PACER 4 Exhibit D - Declaration of Aelica I. Orsi View on PACER 5 Exhibit E - Declaration of Susan Inman View on PACER 6 Exhibit F - Declaration of Dr. Linton A. Mohammed View on PACER	Sept. 28, 2020	Sept. 28, 2020 Clearinghouse
14	MOTION to Expedite Briefing re 12 MOTION for Preliminary Injunction by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Couch, David) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
15	MEMORANDUM BRIEF in Support of 14 MOTION to Expedite Briefing re 12 MOTION for Preliminary Injunction by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Couch, David) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
16	AFFIDAVIT of Service for Complaint, filed by All Plaintiffs. John Thurston served on 9/22/2020, answer due 10/13/2020. (Couch, David) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020
	Order on Motion to Appear Pro Hac Vice	Sept. 28, 2020	Sept. 28, 2020
17	AFFIDAVIT of Service for Summons and Complaint, filed by All Plaintiffs. Sharon Brooks served on 9/29/2020, answer due 10/20/2020; Bilenda Harris-Ritter served on 9/29/2020, answer due 10/20/2020; William Luther served on 9/29/2020, answer due 10/20/2020; Charles Roberts served on 9/29/2020, answer due 10/20/2020; James Sharp served on 9/29/2020, answer due 10/20/2020; J. Harmon Smith served on 9/29/2020, answer due 10/20/2020. (Couch, David) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
18	NOTICE of Appearance by Michael A. Cantrell on behalf of All Defendants. (Cantrell, Michael) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
19	AFFIDAVIT of /Certificate of Service by David Couch filed by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi re 11 Amended Complaint, 13 Memorandum Brief in Support,, 15 Memorandum Brief in Support, 14 MOTION to Expedite Briefing re 12 MOTION for Preliminary Injunction, 12 MOTION for Preliminary Injunction . (Couch, David) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
20	MOTION for Attorney David W. Rivkin to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2234337) by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Rivkin, David) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
21	TEXT ONLY ORDER granting 20 Motion to Appear Pro Hac Vice. David W. Rivkin is now appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on September 29, 2020. (jas) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020
	Order on Motion to Appear Pro Hac Vice	Sept. 29, 2020	Sept. 29, 2020
22	RESPONSE IN OPPOSITION TO Motion re 14 MOTION to Expedite Briefing re 12 MOTION for Preliminary Injunction filed by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Cantrell, Michael) (Entered: 10/05/2020)	Oct. 5, 2020	Oct. 5, 2020
23	ORDER denying 14 Motion to expedite briefing. Signed by Honorable P. K. Holmes III on October 6, 2020. (tg) (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020 Clearinghouse
24	MOTION for Leave to Response to Motion for Preliminary Injunction by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Couch, David) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020
25	TEXT ONLY ORDER granting 24 Motion for Leave to file a reply to the forthcoming response. Plaintiffs' reply will be due by October 15, 2020. Signed by Honorable P. K. Holmes III on October 13, 2020. (rab) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020
26	RESPONSE IN OPPOSITION TO Motion re 12 MOTION for Preliminary Injunction filed by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Attachments: # 1 Exhibit A-Executive Order 20-44, # 2 Exhibit B-Executive Order 20-45, # 3 Exhibit C-Absentee Canvassing Quick Guide, # 4 Exhibit D-2020 CBEC Manual, # 5 Exhibit E-2020 Processing Absentee Ballots Exercises, # 6 Exhibit F-2020 SBEC Guidance re COVID-19, # 7 Exhibit G-SOS 2020 Election Dates, # 8 Exhibit H-2016 EAVS Arkansas Absentee Voter Data, # 9 Exhibit I-2018 EAVS Arkansas Absentee Voter Data, # 10 Exhibit J-Jonathan Davidson Declaration)(Cantrell, Michael) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020
27	MOTION to Dismiss by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Attachments: # 1 Exhibit A-Executive Order 20-44, # 2 Exhibit B-Executive Order 20-45, # 3 Exhibit C-Absentee Canvassing Quick Guide, # 4 Exhibit D-2020 CBEC Manual, # 5 Exhibit E-2020 Processing Absentee Ballots Exercises, # 6 Exhibit F-2020 SBEC Guidance re COVID-19, # 7 Exhibit G-SOS 2020 Election Dates, # 8 Exhibit H-2016 EAVS Arkansas Absentee Voter Data, # 9 Exhibit I-2018 EAVS Arkansas Absentee Voter Data, # 10 Exhibit J-Jonathan Davidson Declaration)(Cantrell, Michael) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020
28	MEMORANDUM BRIEF in Support of 27 MOTION to Dismiss by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Cantrell, Michael) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020
	Order on Motion for Leave	Oct. 13, 2020	Oct. 13, 2020
29	MOTION for Attorney Ezra Rosenberg to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2248596) by Robert William Allen, League of Women Voters of Arkansas, John McNee. (Rosenberg, Ezra) (Entered: 10/14/2020)	Oct. 14, 2020	Oct. 14, 2020
30	TEXT ONLY ORDER granting 29 Motion to Appear Pro Hac Vice. Ezra Rosenberg appearing as counsel for all Plaintiffs. Signed by Honorable P. K. Holmes III on October 14, 2020. (jas) (Entered: 10/14/2020)	Oct. 14, 2020	Oct. 14, 2020
	Order on Motion to Appear Pro Hac Vice	Oct. 14, 2020	Oct. 14, 2020
31	NOTICE by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston re 26 Response to Motion,, 27 MOTION to Dismiss (Attachments: # 1 Exhibit Memphis A. Philip Randolph Inst. v. Hargett, No. 20-6046 (6th Cir. Oct. 15, 2020))(Cantrell, Michael) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020
32	REPLY to Response to Motion re 12 MOTION for Preliminary Injunction / Plaintiffs' Reply to Defendants' Response in Opposition to Motion for Preliminary Injunction filed by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Attachments: # 1 Exhibit A - Supplemental Declaration of Susan Inman)(Couch, David) (Entered: 10/15/2020) 1 Exhibit A - Supplemental Declaration of Susan Inman View on PACER	Oct. 15, 2020	Oct. 15, 2020 Clearinghouse
33	NOTICE by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston re 26 Response to Motion,, 27 MOTION to Dismiss (Attachments: # 1 Exhibit Richardson v. Texas Secy of State, No. 20-50774 (5th Cir. Oct. 19, 2020))(Cantrell, Michael) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020
34	OPINION AND ORDER Denying 12 Motion for Preliminary Injunction. (See Order for Specifics) Signed by Honorable P. K. Holmes III on October 26, 2020. (lgd)	Oct. 26, 2020	Oct. 26, 2020 Clearinghouse
35	RESPONSE IN OPPOSITION TO Motion re 27 MOTION to Dismiss / Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss filed by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Couch, David) (Entered: 10/27/2020)	Oct. 27, 2020	Oct. 27, 2020
36	MOTION for Leave to File Reply in Support of Motion to Dismiss by Sharon Brooks, Bilenda Harris-Ritter, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Attachments: # 1 Exhibit 1 - Defendant's Reply in Support of Motion to Dismiss)(Cantrell, Michael) (Entered: 11/05/2020)	Nov. 5, 2020	Nov. 5, 2020
37	TEXT ONLY ORDER granting 36 Motion for Leave. Defendants are directed to file the reply attached as an exhibit to their motion. Signed by Honorable P. K. Holmes III on November 6, 2020. (rab) (Entered: 11/06/2020)	Nov. 6, 2020	Nov. 6, 2020
38	REPLY to Response to Motion re 27 MOTION to Dismiss filed by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Cantrell, Michael) (Entered: 11/06/2020)	Nov. 6, 2020	Nov. 6, 2020
	Order on Motion for Leave	Nov. 6, 2020	Nov. 6, 2020
39	MOTION for Leave to File Second Amended Complaint and Memorandum of Law in Support by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Attachments: # 1 Exhibit A - Second Amended Complaint)(Couch, David) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020
40	Defendant's Response to 39 MOTION for Leave to File Second Amended Complaint and Memorandum of Law in Support NOTICE OF DEFENDANTS' NONOPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE (Cantrell, Michael) Modified text on 1/6/2021 (src). (Entered: 01/05/2021)	Jan. 5, 2021	Jan. 5, 2021 RECAP
41	TEXT ONLY ORDER granting 39 Motion for Leave. Plaintiffs are directed to immediately file the amended complaint attached as an exhibit to their motion. Pursuant to Federal Rules of Civil Procedure 15(a)(3) and 6(b), the deadline to respond to the amended complaint will be 28 days after it is filed. Signed by Honorable P. K. Holmes III on January 11, 2021. (rab) (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021
	Order on Motion for Leave	Jan. 11, 2021	Jan. 11, 2021
42	SECOND AMENDED COMPLAINT as to 11 Amended Complaint, against Sharon Brooks, J. Harmon Smith, Bilenda Harris-Ritter, Charles Roberts, William Luther, James Sharp, John Thurston, filed by Marnette Wendi Pennington, Robert William Allen, Shirley Faye Fields, Mary J. McNamer, Aelica I. Orsi, League of Women Voters of Arkansas, John McNee, Myra H. Tackett, Marshall Wayne Sutterfield. Related document: 11 Amended Complaint(tg) (Entered: 01/12/2021)	Jan. 12, 2021	Jan. 12, 2021 Clearinghouse
43	MOTION to Dismiss Second Amended Complaint by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Cantrell, Michael) (Entered: 02/09/2021)	Feb. 9, 2021	Feb. 9, 2021
44	MEMORANDUM BRIEF in Support of 43 MOTION to Dismiss Second Amended Complaint by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Cantrell, Michael) (Entered: 02/09/2021)	Feb. 9, 2021	Feb. 9, 2021 RECAP
45	Unopposed MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Dismiss Second Amended Complaint by Robert William Allen, Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Attachments: # 1 [Proposed] Order)(Couch, David) (Entered: 02/19/2021)	Feb. 19, 2021	Feb. 19, 2021
46	TEXT ONLY ORDER granting 45 Motion for Extension of Time to File Response to 43 MOTION to Dismiss. The deadline to respond is extended to March 9, 2021. Signed by Honorable P. K. Holmes III on February 19, 2021. (rab) (Entered: 02/19/2021)	Feb. 19, 2021	Feb. 19, 2021
	Order on Motion for Extension of Time to File Response/Reply	Feb. 19, 2021	Feb. 19, 2021
47	RESPONSE IN OPPOSITION TO Motion re 43 MOTION to Dismiss Second Amended Complaint filed by Robert William Allen, Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Couch, David) (Entered: 03/09/2021)	March 9, 2021	March 9, 2021
48	SUGGESTION OF DEATH Upon the Record as to Plaintiff Robert William Allen by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Couch, David) (Entered: 07/09/2021)	July 9, 2021	July 9, 2021
49	MOTION of John Powers to Withdraw as Attorney for Plaintiffs by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Attachments: # 1 Exhibit Proposed Order)(Powers, John) (Entered: 08/03/2021)	Aug. 3, 2021	Aug. 3, 2021
50	TEXT ONLY ORDER granting 49 Motion to Withdraw as Attorney. Attorney John Michael Powers is withdrawn from this case, and the Clerk of Court is directed to remove his name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable P. K. Holmes III on August 3, 2021. (jas) (Entered: 08/03/2021)	Aug. 3, 2021	Aug. 3, 2021
	~Util - Add and Terminate Attorneys AND Order on Motion to Withdraw as Attorney	Aug. 3, 2021	Aug. 3, 2021
51	TEXT ONLY ORDER Setting Hearing on 43 MOTION to Dismiss Second Amended Complaint : Zoom Video Motion Hearing set for 9/23/2021 10:00 AM before Honorable P. K. Holmes III. Signed by Honorable P. K. Holmes III on September 14, 2021. (jas) (Entered: 09/14/2021)	Sept. 14, 2021	Sept. 14, 2021
	Order Setting Hearing on Motion	Sept. 14, 2021	Sept. 14, 2021
52	TEXT ONLY Minute Entry for proceedings held before Honorable P. K. Holmes III: Motion Hearing held on 9/23/2021 re 43 MOTION to Dismiss Second Amended Complaint filed by John Thurston, James Sharp, Sharon Brooks, J. Harmon Smith, William Luther, Bilenda Harris-Ritter, Charles Roberts. Michael Cantrell appearing on behalf of Defendants; Julianne Marley appearing on behalf of Plaintiffs. Matter taken under advisement. (jas) (Entered: 09/23/2021)	Sept. 23, 2021	Sept. 23, 2021
	Motion Hearing	Sept. 23, 2021	Sept. 23, 2021
53	TEXT ONLY ORDER finding as moot 27 Motion to Dismiss. An 42 amended complaint has been filed, for which a separate motion to dismiss remains pending. It is well-established that an amended complaint supercedes an original complaint and renders the original complaint without legal effect. See In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000). Signed by Honorable P. K. Holmes III on September 24, 2021. (rab) (Entered: 09/24/2021)	Sept. 24, 2021	Sept. 24, 2021
	Order on Motion to Dismiss	Sept. 24, 2021	Sept. 24, 2021
54	OPINION AND ORDER re 43 Motion to Dismiss second amended complaint, GRANTING IN PART and DENYING IN PART. (See Order for Specifics) Signed by Honorable P. K. Holmes III on November 15, 2021. (lgd)	Nov. 15, 2021	Nov. 15, 2021 Clearinghouse
55	ANSWER to 42 Amended Complaint, by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston.(Cantrell, Michael) (Entered: 12/08/2021)	Dec. 8, 2021	Dec. 8, 2021
56	JOINT REPORT of Rule 26(f) Planning Meeting by Robert William Allen, Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Couch, David) (Entered: 12/20/2021)	Dec. 20, 2021	Dec. 20, 2021
57	FINAL SCHEDULING ORDER, as set forth. Bench Trial set for 12/5/2022 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on December 28, 2021. (jas) (Entered: 12/28/2021)	Dec. 28, 2021	Dec. 28, 2021
58	MOTION for Attorney Pooja Chaudhuri to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2520691) by Robert William Allen, Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Chaudhuri, Pooja) (Entered: 01/06/2022)	Jan. 6, 2022	Jan. 6, 2022
59	TEXT ONLY ORDER granting 58 Motion to Appear Pro Hac Vice. Pooja Chaudhuri appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on January 6, 2022. (jas) (Entered: 01/06/2022)	Jan. 6, 2022	Jan. 6, 2022
	Order on Motion to Appear Pro Hac Vice	Jan. 6, 2022	Jan. 6, 2022
60	Joint MOTION for Extension of Time to Complete Discovery by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Couch, David) (Entered: 04/27/2022)	April 27, 2022	April 27, 2022
61	TEXT ONLY ORDER granting 60 Motion for Extension of Time to Complete Discovery. The initial expert disclosure deadline is extended to June 3, 2022, and the rebuttal expert disclosure deadline is extended to August 5, 2022. Signed by Honorable P. K. Holmes III on April 27, 2022. (jch) (Entered: 04/27/2022)	April 27, 2022	April 27, 2022
	Order on Motion for Extension of Time to Complete Discovery	April 27, 2022	April 27, 2022
62	MOTION for Attorney Harold W. Williford to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2609728) by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Williford, Harold) (Entered: 06/16/2022)	June 16, 2022	June 16, 2022
63	TEXT ONLY ORDER granting 62 Motion to Appear Pro Hac Vice. Harold W. Williford appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on June 17, 2022. (jas) (Entered: 06/17/2022)	June 17, 2022	June 17, 2022
	Order on Motion to Appear Pro Hac Vice	June 17, 2022	June 17, 2022
64	NOTICE of Appearance by Kesia Morrison on behalf of Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Morrison, Kesia) (Entered: 07/13/2022)	July 13, 2022	July 13, 2022
65	MOTION to Extend Deadlines and Continue Trial by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Attachments: # 1 Exhibit Exhibit A - State Court Defendants' Second Motion to Extend Time to Lodge Record, # 2 Exhibit Exhibit B - Declaration of Dr. Linton A. Mohammed, # 3 Errata Exhibit C - Expert Affidavit of Dr. Linton A. Mohammed)(Morrison, Kesia) (Entered: 07/18/2022)	July 18, 2022	July 18, 2022
66	ORDER granting 65 Motion to Extend. An amended final scheduling order will be filed separately. Signed by Honorable P. K. Holmes III on July 20, 2022. (lgd) (Entered: 07/20/2022)	July 20, 2022	July 20, 2022
67	AMENDED FINAL SCHEDULING ORDER, as set forth. Bench Trial RE-SET for 3/27/2023 09:00 AM in FORT SMITH -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on July 20, 2022. (jas) (Entered: 07/20/2022)	July 20, 2022	July 20, 2022
68	MOTION of Kesia Morrison to Withdraw as Attorney by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Morrison, Kesia) (Entered: 09/12/2022)	Sept. 12, 2022	Sept. 12, 2022
69	TEXT ONLY ORDER granting 68 Motion to Withdraw as Attorney. Attorney Kesia Morrison is withdrawn, and the Clerk of Court is directed to remove her name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable P. K. Holmes III on September 12, 2022. (jas) (Entered: 09/12/2022)	Sept. 12, 2022	Sept. 12, 2022
	~Util - Add and Terminate Attorneys AND Order on Motion to Withdraw as Attorney	Sept. 12, 2022	Sept. 12, 2022
	Order on Motion to Withdraw as Attorney AND ~Util - Add and Terminate Attorneys	Sept. 12, 2022	Sept. 12, 2022
70	MOTION for Attorney Anagha Sundararajan to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2662557) by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Attachments: # 1 Certificate of Good Standing)(Sundararajan, Anagha) (Entered: 09/26/2022)	Sept. 26, 2022	Sept. 26, 2022
71	TEXT ONLY ORDER granting 70 Motion to Appear Pro Hac Vice. Anagha Sundararajan appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on September 26, 2022. (jas) (Entered: 09/26/2022)	Sept. 26, 2022	Sept. 26, 2022
72	MOTION for Attorney Dana McCann to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2662578) by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Attachments: # 1 Certificate of Good Standing)(McCann, Dana) (Entered: 09/26/2022)	Sept. 26, 2022	Sept. 26, 2022
	Order on Motion to Appear Pro Hac Vice	Sept. 26, 2022	Sept. 26, 2022
73	NOTICE of Appearance by Matthew Michael Ford on behalf of Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Ford, Matthew) (Entered: 09/27/2022)	Sept. 27, 2022	Sept. 27, 2022
74	TEXT ONLY ORDER granting 72 Motion to Appear Pro Hac Vice. Dana McCann appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on September 28, 2022. (jas) (Entered: 09/28/2022)	Sept. 28, 2022	Sept. 28, 2022
75	NOTICE of Appearance by Dana R. McCann on behalf of Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (McCann, Dana) (Entered: 09/28/2022)	Sept. 28, 2022	Sept. 28, 2022
76	NOTICE of Appearance by Anagha Sundararajan on behalf of Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Sundararajan, Anagha) (Entered: 09/28/2022)	Sept. 28, 2022	Sept. 28, 2022
77	NOTICE of Appearance by Harold Williford on behalf of Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Williford, Harold) (Entered: 09/28/2022)	Sept. 28, 2022	Sept. 28, 2022
	Order on Motion to Appear Pro Hac Vice	Sept. 28, 2022	Sept. 28, 2022
78	Joint MOTION for Protective Order by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Attachments: # 1 Proposed Joint Protective Order Regarding Confidential Patient Information)(Sundararajan, Anagha) (Entered: 11/23/2022)	Nov. 23, 2022	Nov. 23, 2022
79	OPINION AND ORDER granting 78 Motion for Protective Order. Signed by Honorable P. K. Holmes III on November 29, 2022. (tg)	Nov. 29, 2022	Nov. 29, 2022 RECAP
80	PROTECTIVE ORDER. Signed by Honorable P. K. Holmes III on November 29, 2022. (tg) (Entered: 11/29/2022)	Nov. 29, 2022	Nov. 29, 2022
81	NOTICE of Appearance by Brooks Christopher White on behalf of Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (White, Brooks) (Entered: 11/29/2022)	Nov. 29, 2022	Nov. 29, 2022

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Case Details

State / Territory:

Arkansas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 22, 2020

Closing Date: Sept. 23, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were both the League of Women Voters of Arkansas and several private individuals who were interested in voting by mail but at high risk of having their ballots rejected without notice or an opportunity to cure.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

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

Secretary of State (Arkansas), State

Arkansas State Board of Election Commissioners (Arkansas), State