Case: VoteAmerica v. Schwab

2:21-cv-02253 | U.S. District Court for the District of Kansas

Filed Date: June 2, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns the constitutionality of provisions of Kansas’s HB 2332 restricting third-party distribution of advance mail voting applications. On June 2, 2021, VoteAmerica, a California nonprofit, and Voter Participation Center, a Washington, D.C.-based nonprofit (together, “Plaintiffs”), filed suit in the United States District Court for the District of Kansas against Scott Schwab, Kansas Secretary of State, in his official capacity, and Stephen Howe, District Attorney of Johnson County,…

This case concerns the constitutionality of provisions of Kansas’s HB 2332 restricting third-party distribution of advance mail voting applications. On June 2, 2021, VoteAmerica, a California nonprofit, and Voter Participation Center, a Washington, D.C.-based nonprofit (together, “Plaintiffs”), filed suit in the United States District Court for the District of Kansas against Scott Schwab, Kansas Secretary of State, in his official capacity, and Stephen Howe, District Attorney of Johnson County, in his official capacity (together, “Defendants”). Following the 2020 election, on May 3, 2021, the Kansas Legislature overrode the Governor’s veto to enact HB 2332, which was scheduled to take effect on January 1, 2022. Kansas law permits all eligible citizens to vote by advance mail ballot (also known as voting by mail or absentee voting) instead of voting in person, and an eligible citizen may cast such a ballot before or on Election Day by mailing the completed ballot or dropping it off at the local election office. Plaintiffs challenged as unconstitutional two restrictions on the distribution of advance mail voting applications by third-party organizations, alleging HB 2332 (1) banned any person not a resident of or domiciled in Kansas from mailing or causing to be mailed an advance mail ballot application to a Kansas voter (the “Out-of-State Distributor Ban”), and (2) prohibited mailing any advance mail ballot application that had been personalized with the voter’s information, such as by pre-filling the individual’s name and address and including a pre-addressed return envelope. 
 

Plaintiffs alleged that HB 2332 violated the First Amendment by banning Plaintiffs’ core political speech and discriminating based on the content of their communications, their identity as out-of-state speakers, and the viewpoints they express; the Fourteenth Amendment because it would chill their constitutionally protected core political speech and diminish their message of encouraging broad political participation in Kansas through the distribution of advance mail ballots; and breached the dormant Commerce Clause by implementing protectionist measures affecting interstate commerce that explicitly disadvantaged Plaintiffs as non-residents and burdened their use of the instrumentalities of commerce. Represented by both private counsel and a litigation advocacy nonprofit, Plaintiffs sought declaratory relief that the challenged provisions of HB 2332 were unconstitutional on their face and as applied, injunctive relief preliminarily and permanently enjoining Defendants from enforcing those provisions, and an award of their reasonable costs and attorneys’ fees incurred in bringing the suit.

On July 8th, Plaintiffs filed a motion for preliminary injunction to enjoin Defendants from enforcing the two contested provisions of HB 2332 in advance of the law's January 2022 effective date. The following day, Defendants filed a motion to dismiss for failure to state a claim a lack of jurisdiction.  A month later, on August 10th, the court set the date for oral argument regarding Plaintiffs' motion for preliminary injunction for September 8th. Two weeks later, the court released an order overruling Defendant's motion to dismiss, finding Defendants' arguments with regard to jurisdiction were without merit under well established, long-standing principles of law and no purpose was served by addressing them at greater length. Defendants' arguments with regard to failure to state a claim under Rule 12(b)(6), Fed. R. Civ. P., remained under advisement. On November 19th, following oral argument on the preliminary injunction motion, the court released another order fully overriding Defendants' motion to dismiss and sustaining Plaintiffs' motion for preliminary injunction. Thereafter, on December 9th Defendants filed an answer to the complaint. 
 
In the answer, Defendants denied that distributing advance mail ballot applications is “core political speech,” denied that H.B. 2332’s restrictions (including the “Out-of-State Distributor Ban” and the “Personalized Application Prohibition”) violated the First Amendment, burdened Plaintiffs’ speech or associational rights, or were content-based, speaker-based, or viewpoint-discriminatory. They further deny that the challenged provisions were unconstitutionally overbroad or chilled protected speech. On the Dormant Commerce Clause claim, they denied that Plaintiffs were engaged in commerce within the meaning of that doctrine, denied that the statute directly regulated or substantially burdened interstate commerce, and rejected the assertion that the State lacked legitimate or sufficient interests to justify the law.
 

Despite this, on February 25th of the following year, the parties stipulated to an order entering partial judgement in favor of Plaintiffs with respect to the Out-of-State Distributor Ban provision of the bill, while continuing to litigate the prohibition on mailing personalized advance mail ballot applications. Both parties went on to move for summary judgement on the remaining counts as to the second contested provision on October 14th, 2022. The following January, the court overruled both motions for summary judgement but considered them trial briefs in resolving the outstanding issues at trial, set for March 13th, 2023. However, no dates for oral argument could be agreed upon. Therefore, upon consideration of the partis' stipulated briefs, the court rendered judgement on the outstanding counts in favor of Plaintiffs on May 4th, 2023.

Defendants appealed this ruling to the Tenth Circuit, which reversed and remanded on the issue of whether the mailing prohibition was violative of Plaintiff's First Amendment rights to free speech and association, and unconstitutionally overbroad. Upon reconsideration, the district court found that the prohibition was an unconstitutional infringement on plaintiff's First Amendment right to freedom of speech under both intermediate and strict scrutiny, handing down this judgement on July 16th, 2025.  Defendants subsequently appealed this final judgement again to the Tenth Circuit for review. Appellants filed their Opening Brief on November 7th, contending that the district court committed legal error both in concluding that the Kansas legislature acted with an “improper purpose or justification” when it enacted the Pre-Filled Application Prohibition such that the law is subject to strict scrutiny, and in concluding that the Prohibition does not survive intermediate scrutiny.

This appeal is pending.

Summary Authors

Abrianna Harris (12/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59955260/parties/voteamerica-v-schwab/


Judge(s)
Attorney for Plaintiff

Baldwin, Anna Marks

Attorney for Defendant
Expert/Monitor/Master/Other

Arowolaju, Damilola G.

Boden, Anastasia P.

Brett, Sharon

Bruce, Daniel

show all people

Documents in the Clearinghouse

Document
1

2:21-cv-02253

Complaint for Declaratory and Injunctive Relief

Voteamerica v. Schwab

June 2, 2021

June 2, 2021

Complaint
24

2:21-cv-02253

Plaintiff's Motion for Preliminary Injunction

Voteamerica v. Schwab

July 8, 2021

July 8, 2021

Pleading / Motion / Brief
25

2:21-cv-02253

Plaintiffs' Memorandum of Law in Support of Their Motion for Preliminary Injunction

Voteamerica v. Schwab

July 8, 2021

July 8, 2021

Justification Memo
27

2:21-cv-02253

Defendants' Memorandum in Support of Motion to Dismiss

Voteamerica v. Schwab

July 9, 2021

July 9, 2021

Justification Memo
26

2:21-cv-02253

Defendants' Motion to Dismiss Plaintiffs' Complaint

Voteamerica v. Schwab

July 9, 2021

July 9, 2021

Pleading / Motion / Brief
50

2:21-cv-02253

Memorandum and Order

Voteamerica v. Schwab

Nov. 19, 2021

Nov. 19, 2021

Order/Opinion
61

2:21-cv-02253

Memorandum & Order -

Dec. 15, 2021

Dec. 15, 2021

Order/Opinion
73

2:21-cv-02253

Stipulated Order for Permanent Injunction and Declaratory Judgment

Voteamerica v. Schwab

Feb. 25, 2022

Feb. 25, 2022

Order/Opinion
104

2:21-cv-02253

Order on Motion to Compel

June 2, 2022

June 2, 2022

Order/Opinion
141

2:21-cv-02253

Defendants' Motion for Summary Judgment Regarding Counts I-III

Voteamerica v. Schwab

Oct. 14, 2022

Oct. 14, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59955260/voteamerica-v-schwab/

Last updated Dec. 26, 2025, 1 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-5502563.), filed by VoteAmerica, Voter Participation Center. (Attachments: # 1 Exhibit Designation of Place of Trial, # 2 Civil Cover Sheet) (Housh, Tedrick) (Entered: 06/02/2021)

1 Exhibit Designation of Place of Trial

View on PACER

2 Civil Cover Sheet

View on PACER

June 2, 2021

June 2, 2021

Clearinghouse
2

CIVIL COVER SHEET by Plaintiffs VoteAmerica, Voter Participation Center. (Housh, Tedrick) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

3

CORPORATE DISCLOSURE STATEMENT by VoteAmerica, Voter Participation Center identifying None as corporate parent. (Housh, Tedrick) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kas)

June 2, 2021

June 2, 2021

SUMMONS ISSUED as to Stephen M. Howe, Derek Schmidt, Scott Schwab. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (kas)

June 2, 2021

June 2, 2021

Notice of Judge Assignment

June 2, 2021

June 2, 2021

Summons Issued

June 2, 2021

June 2, 2021

4

MOTION for attorney Jade Ford to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5508160.) by Plaintiffs VoteAmerica, Voter Participation Center. (Motion referred to Magistrate Judge Gwynne E. Birzer.) (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Housh, Tedrick) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

5

MOTION for attorney Aseem Mulji to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5508232.) by Plaintiffs VoteAmerica, Voter Participation Center. (Motion referred to Magistrate Judge Gwynne E. Birzer,) (Attachments: # 1 Affidavit, # 2 ECF Registration Form) (Housh, Tedrick) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

6

MOTION for attorney Rob Weiner to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5508254.) by Plaintiffs VoteAmerica, Voter Participation Center. (Motion referred to Magistrate Judge Gwynne E. Birzer.) (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Housh, Tedrick) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

7

MOTION for attorney Meredith D. Karp to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5508292.) by Plaintiffs VoteAmerica, Voter Participation Center. (Motion referred to Magistrate Judge Gwynne E. Birzer.) (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Housh, Tedrick) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

8

MOTION for attorney Hayden Johnson to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5508327.) by Plaintiffs VoteAmerica, Voter Participation Center. (Motion referred to Magistrate Judge Gwynne E. Birzer.) (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Housh, Tedrick) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

9

ORDER granting 4 5 6 7 8 Motions to Appear Pro Hac Vice of Jade Ford, Aseem Mulji, Robert N. Weiner, Meredith D. Karp, and Hayden Johnson for VoteAmerica and Voter Participation Center pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 6/10/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

June 10, 2021

June 10, 2021

10

MOTION for attorney Jonathan K. Youngwood to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5510640.) by Plaintiffs VoteAmerica, Voter Participation Center. (Motion referred to Magistrate Judge Gwynne E. Birzer.) (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Housh, Tedrick) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

11

ORDER granting 10 Motion to Appear Pro Hac Vice of Jonathan K. Youngwood for VoteAmerica and Voter Participation Center pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 6/11/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

Order on Motion to Appear Pro Hac Vice

June 11, 2021

June 11, 2021

12

MOTION for attorney Dana Paikowsky to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5515115.) by Plaintiffs VoteAmerica, Voter Participation Center. (referred to Magistrate Judge Gwynne E. Birzer.) (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Housh, Tedrick) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

13

MOTION for attorney Alice Huling to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5515120.) by Plaintiffs VoteAmerica, Voter Participation Center. (Motion referred to Magistrate Judge Gwynne E. Birzer.) (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Housh, Tedrick) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

14

ORDER granting 12 and 13 Motions to Appear Pro Hac Vice of Dana Paikowsky and Alice Huling for VoteAmerica and Voter Participation Center pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 6/17/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

June 17, 2021

June 17, 2021

15

ENTRY OF APPEARANCE by Krystle M. S. Dalke on behalf of Derek Schmidt, Scott Schwab. (Dalke, Krystle) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

16

ENTRY OF APPEARANCE by Scott R. Schillings on behalf of Derek Schmidt, Scott Schwab. (Schillings, Scott) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

17

ENTRY OF APPEARANCE by Bradley Joseph Schlozman on behalf of Derek Schmidt, Scott Schwab. (Schlozman, Bradley) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

18

ENTRY OF APPEARANCE by Krystle M. S. Dalke on behalf of Stephen M. Howe. (Dalke, Krystle) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

19

ENTRY OF APPEARANCE by Scott R. Schillings on behalf of Stephen M. Howe. (Schillings, Scott) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

20

ENTRY OF APPEARANCE by Bradley Joseph Schlozman on behalf of Stephen M. Howe. (Schlozman, Bradley) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

21

CLERKS ORDER EXTENDING TIME until 7/9/2021 for Defendants Derek Schmidt, Scott Schwab, Stephen M. Howe to answer or otherwise plead. Signed by deputy clerk on 6/23/2021. (lb) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

22

ENTRY OF APPEARANCE by Mark P. Johnson on behalf of VoteAmerica, Voter Participation Center. (Johnson, Mark) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

RECAP
23

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Tedrick Housh and Reid Day as to All Plaintiffs. (Housh, Tedrick) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

24

MOTION for Preliminary Injunction by Plaintiffs VoteAmerica, Voter Participation Center. (Johnson, Mark) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

Clearinghouse
25

MEMORANDUM IN SUPPORT of 24 Motion For Preliminary Injunction by Plaintiffs VoteAmerica, Voter Participation Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1.A, # 3 Exhibit 2, # 4 Exhibit 2.A)(Johnson, Mark) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

Clearinghouse
26

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( Response deadline 7/30/2021) by Defendants Stephen M. Howe, Derek Schmidt, Scott Schwab (Schlozman, Bradley) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

Clearinghouse
27

MEMORANDUM IN SUPPORT of 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Defendants Stephen M. Howe, Derek Schmidt, Scott Schwab (Attachments: # 1 Exhibit Shawnee County Case Petition, # 2 Exhibit Testimony of Deputy Ass't Secretary of State Katie Koupal)(Schlozman, Bradley) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

Clearinghouse
28

EXHIBIT(S) IN SUPPORT of 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Defendants Stephen M. Howe, Derek Schmidt, Scott Schwab (Schlozman, Bradley) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

29

RESPONSE by Defendants Stephen M. Howe, Derek Schmidt, Scott Schwab re 24 Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Schlozman, Bradley) (Entered: 07/22/2021)

July 22, 2021

July 22, 2021

Clearinghouse
30

ORDER: The undersigned Magistrate Judge communicated to counsel, via letter dated July 12, 2021, regarding deferred scheduling of this case. Having received no response, the initial order and scheduling in this case shall be deferred pending ruling on the Motion to Dismiss (ECF No. 26). IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 7/27/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

Order

July 27, 2021

July 27, 2021

31

MEMORANDUM IN OPPOSITION by Plaintiffs VoteAmerica, Voter Participation Center re 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss) (Johnson, Mark) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

Clearinghouse
32

MOTION for attorney Brooke Jarrett to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5553921.) by Plaintiffs VoteAmerica, Voter Participation Center (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, # 2 Brook Jarrett Pro Hac Vice Electronic Filing Registration Form)(Carr, Wade) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

33

REPLY TO RESPONSE TO MOTION by Plaintiffs VoteAmerica, Voter Participation Center re: 24 Motion for Preliminary Injunction (Johnson, Mark) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

Clearinghouse
34

ORDER granting 32 Motion to Appear Pro Hac Vice of Brooke Jarrett for VoteAmerica and Voter Participation Center pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 8/6/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

Order on Motion to Appear Pro Hac Vice

Aug. 6, 2021

Aug. 6, 2021

35

Unopposed MOTION for Extension of Time to File Reply as to 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Defendants Stephen M. Howe, Derek Schmidt, Scott Schwab. (Schlozman, Bradley) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

36

ORDER sustaining, for substantially the reasons stated in the motion, 35 Defendant's Unopposed Motion For Extension Of Time To File Reply Brief In Support Of Motion To Dismiss. New reply deadline: 8/20/2021. Signed by District Judge Kathryn H. Vratil on 8/9/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

MOTION REFERRAL to Magistrate Judge REMOVED as to: 35 Unopposed MOTION for Extension of Time to File Reply as to 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . The motion will be resolved by the District Judge.(adc)

Aug. 9, 2021

Aug. 9, 2021

Motions No Longer Referred

Aug. 9, 2021

Aug. 9, 2021

Order on Motion for Extension of Time to File Response/Reply

Aug. 9, 2021

Aug. 9, 2021

37

NOTICE of Hearing on Motion. THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Oral Argument on 24 Plaintiffs' Motion For Preliminary Injunction set for 9/8/2021 at 01:30 PM in KC Courtroom 440 (JWL/KHV) before District Judge Kathryn H. Vratil. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

Notice of Hearing on Motion

Aug. 10, 2021

Aug. 10, 2021

38

NOTICE of Rule 7.1(f) Letter by VoteAmerica, Voter Participation Center (Attachments: # 1 Attachment)(Johnson, Mark) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

Per 36 ORDER, Reset reply deadline as to 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . Reply deadline 8/20/2021. (jsh)

Aug. 11, 2021

Aug. 11, 2021

Set/Reset Motion and R&R Deadlines/Hearings - Public

Aug. 11, 2021

Aug. 11, 2021

39

RESPONSE to 38 NOTICE of Rule 7.1(f) Letter by Defendants Stephen M. Howe, Derek Schmidt, Scott Schwab. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Schlozman, Bradley) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

40

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Jade Ford as to VoteAmerica, Voter Participation Center (Johnson, Mark) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

41

REPLY TO RESPONSE TO MOTION by Defendants Stephen M. Howe, Derek Schmidt, Scott Schwab re: 26 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction (Schlozman, Bradley) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

Clearinghouse
42

ORDER. Defendant's Motion to Dismiss Plaintiffs' Complaint (Doc. # 26 ) filed July 9, 2021 is hereby OVERRULED IN PART for substantially the reasons stated on pages 1-13 of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss (Doc. # 31 ) filed July 30, 2021. More specifically, the Court finds that plaintiffs' complaint is not subject to dismissal for lack of subject matter jurisdiction. In this ruling, the Court disregards the many arguments which defendants raise for the first time in their reply brief. Defendants' arguments with regard to jurisdiction are without merit under well established, long-standing principles of law and no purpose is served by addressing them at greater length at this time. Defendants' arguments with regard to failure to state a claim under Rule 12(b)(6), Fed. R. Civ. P., remain under advisement. In evaluating Plaintiffs' Motion For Preliminary Injunction (Doc. # 24 ) filed July 8, 2021, the Court will address plaintiffs' likelihood of success on the merits. In that context, the Court will address the sufficiency of the allegations of plaintiffs' complaint. In regard to the latter motion, the Court expects that on September 8, 2021, in addition to oral argument, the parties will present evidence in support of their respective positions. Without limitation, that evidence should address the extent of any burden which the challenged statutes impose on federally protected rights, and the substance of any legitimate interests which the State of Kansas seeks to advance. Signed by District Judge Kathryn H. Vratil on 8/27/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss for Failure to State a Claim

Aug. 27, 2021

Aug. 27, 2021

43

MINUTE ENTRY for proceedings held before District Judge Kathryn H. Vratil: MOTION HEARING held on 9/8/2021 re 24 Plaintiffs' Motion For Preliminary Injunction. Evidentiary hearing concluded; Oral Argument still to come. (Court Reporter Nancy Wiss.) (Attachments: # 1 Witness Sheet, # 2 Plaintiffs' Exhibit List, # 3 Defendants' Exhibit List) (as) (Entered: 09/09/2021)

Sept. 8, 2021

Sept. 8, 2021

44

NOTICE of Hearing. THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Oral Argument on 24 MOTION for Preliminary Injunction is set for 10/8/2021 at 01:00 PM in KC Courtroom 440 (JWL/KHV) before District Judge Kathryn H. Vratil. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

Notice of Hearing on Motion

Sept. 9, 2021

Sept. 9, 2021

45

TRANSCRIPT of Preliminary Injunction Motion Hearing held 9/8/2021 before Judge Kathryn H Vratil, Court Reporter Nancy Wiss, 913-735-2354, nancy_wiss@ksd.uscourts.gov. Transcript purchased by: Bradley Schlozman. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 12/13/2021. (nw) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

46

MOTION for attorney Danielle Lang to appear pro hac vice (Motion For Leave to Appear Pro Hac Vice) ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5605896.) by Plaintiffs VoteAmerica, Voter Participation Center (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit Affidavit in Support of Motion For Leave to Appear Pro Hac Vice, # 2 ECF Registration Form)(Johnson, Mark) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

47

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Dana Paikowsky as to VoteAmerica, Voter Participation Center (Johnson, Mark) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

48

MINUTE ENTRY for proceedings held before District Judge Kathryn H. Vratil: MOTION HEARING held on 10/8/2021. Plaintiffs' Motion For Preliminary Injunction (Doc. # 24 ) is taken under advisement. (Court Reporter Nancy Wiss.) (as) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

49

ORDER granting 46 Motion to Appear Pro Hac Vice of Danielle M. Lang for VoteAmerica and Voter Participation Center pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 10/15/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

Order on Motion to Appear Pro Hac Vice

Oct. 15, 2021

Oct. 15, 2021

50

MEMORANDUM AND ORDER overruling 26 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction; and sustaining 24 Motion for Preliminary Injunction. The Court hereby enjoins enforcement of HB 2332. Pending further order of the Court, this Order shall remain effective until the conclusion of the case. Signed by District Judge Kathryn H. Vratil on 11/19/2021. (kas)

Nov. 19, 2021

Nov. 19, 2021

Clearinghouse
51

INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 12/16/2021 at 11:00 AM by telephone before Magistrate Judge Gwynne E. Birzer. Report of Parties Planning Conference and Rule 26 Initial Disclosures due 12/9/2021. Signed by Magistrate Judge Gwynne E. Birzer on 11/24/21. (ala) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

52

Unopposed MOTION for Order Holding in Abeyance Proceedings Regarding Attorneys' Fees and Expenses by Plaintiffs VoteAmerica, Voter Participation Center. (Johnson, Mark) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

MOTION REFERRAL to Magistrate Judge REMOVED as to: 52 Unopposed MOTION for Order Holding in Abeyance Proceedings Regarding Attorneys' Fees and Expenses. The motion will be resolved by the District Judge.(adc)

Dec. 3, 2021

Dec. 3, 2021

Motions No Longer Referred

Dec. 3, 2021

Dec. 3, 2021

53

Unopposed MOTION FOR LEAVE to File Answer Out of Time by Defendants Stephen M. Howe, Derek Schmidt, Scott Schwab (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Exhibit A)(Schlozman, Bradley) (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

54

ORDER granting 53 as Unopposed Defendants' Motion For Leave To File Out of Time their Answer and Affirmative Defenses. Defendants are to file their Answer forthwith. Signed by Magistrate Judge Gwynne E. Birzer on 12/9/21. (adc) (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

55

ANSWER to Complaint by Stephen M. Howe, Derek Schmidt, Scott Schwab.(Schlozman, Bradley) (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

56

CERTIFICATE OF SERVICE of Report of the Parties' Planning Conference and Plaintiffs' Rule 26(a) Initial Disclosures by VoteAmerica, Voter Participation Center. (Johnson, Mark) (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

57

NOTICE of Certificate of Service of Defendants' Rule 26 Initial Disclosures by Stephen M. Howe, Derek Schmidt, Scott Schwab (Schillings, Scott) (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

58

Unopposed MOTION to Clarify the Court's Memorandum & Order Granting Plaintiffs' Motion for a Preliminary Injunction by Defendants Stephen M. Howe, Derek Schmidt, Scott Schwab (Schlozman, Bradley) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

59

ORDER sustaining 52 Unopposed MOTION for Order Holding in Abeyance Proceedings Regarding Attorneys' Fees and Expenses. Signed by District Judge Kathryn H. Vratil on 12/14/2021. (kas) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

MOTION REFERRAL to Magistrate Judge REMOVED as to: 58 Unopposed MOTION to Clarify the Court's Memorandum & Order Granting Plaintiffs' Motion for a Preliminary Injunction. The motion will be resolved by the District Judge.(adc)

Dec. 14, 2021

Dec. 14, 2021

Motions No Longer Referred

Dec. 14, 2021

Dec. 14, 2021

60

ORDER granting 58 Unopposed MOTION to Clarify the Court's Memorandum & Order Granting Plaintiffs' Motion for a Preliminary Injunction. Signed by District Judge Kathryn H. Vratil on 12/15/2021. See Order for details. (kas) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

61

MEMORANDUM AND ORDER NUNC PRO TUNC. Signed by District Judge Kathryn H. Vratil on 11/19/2021. (ca)

Dec. 15, 2021

Dec. 15, 2021

Clearinghouse
62

MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: SCHEDULING CONFERENCE held on 12/16/2021. (AT&T recording.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

63

SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 3/31/2022. Mediation deadline 5/27/2022. Discovery deadline 8/31/2022. Proposed Pretrial Order due by 9/6/2022. Final Pretrial Conference set for 9/13/2022 at 10:00 AM by Telephone before Magistrate Judge Gwynne E. Birzer. Participants must call the CONFERENCE LINE at 1-888-363-4749 using ACCESS CODE 9686294. Dispositive motion deadline 9/30/2022. Court Trial set for 5/1/2023 at 09:00 AM in KC Courtroom 440 before District Judge Kathryn H. Vratil. Estimated trial time 5 days. Signed by Magistrate Judge Gwynne E. Birzer on 12/16/21. (adc) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

Scheduling Conference

Dec. 16, 2021

Dec. 16, 2021

64

NOTICE OF SERVICE by Stephen M. Howe, Derek Schmidt, Scott Schwab of Rule 26(a)(1) Initial Disclosures (Schlozman, Bradley) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

65

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Gwynne E. Birzer on 1/18/22. (adc) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

66

NOTICE OF SERVICE by Scott Schwab of First Set of Interrogatories on Plaintiff VoteAmerica and Plaintiff Voter Participation Center (Schlozman, Bradley) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

67

NOTICE OF SERVICE by Scott Schwab of First Set of Request for Production of Documents on Plaintiff VoteAmerica and Plaintiff Voter Participation Center (Schlozman, Bradley) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

68

NOTICE OF SERVICE by Scott Schwab of First Request for Admissions on Plaintiff VoteAmerica and Plaintiff Voter Participation Center (Schlozman, Bradley) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

69

NOTICE OF SERVICE by Scott Schwab of Second Request for Production of Documents on Plaintiff Voter Participation Center (Schlozman, Bradley) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

70

CERTIFICATE OF SERVICE of Responses and Objections to Defendant Scott Schwab's First Requests for Admission by Voter Participation Center. (Johnson, Mark) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

71

CERTIFICATE OF SERVICE of Objections and Responses to Defendant Scott Schwab's First Request for Production of Documents by Voter Participation Center. (Johnson, Mark) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

72

CERTIFICATE OF SERVICE of Responses and Objections to Defendant Scott Schwab's First Set of Interrgatories by Voter Participation Center. (Johnson, Mark) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

73

STIPULATED ORDER FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT. See Order for full details. Signed by District Judge Kathryn H. Vratil on 2/25/2022. (ca) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

Clearinghouse
74

CERTIFICATE OF SERVICE of Objections and Responses to Defendant Scott Schwab's Second Request for Production of Documents by Voter Participation Center. (Johnson, Mark) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

75

CERTIFICATE OF SERVICE of First Requests for Production and Interrogatories to Defendant Howe by Voter Participation Center. (Johnson, Mark) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

76

CERTIFICATE OF SERVICE of First Requests for Production and Interrogatories to Defendant Schmidt by Voter Participation Center. (Johnson, Mark) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

77

CERTIFICATE OF SERVICE of First Requests for Production and Interrogatories to Defendant Schwab by Voter Participation Center. (Johnson, Mark) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

Case Details

State / Territory:

Kansas

Case Type(s):

Election/Voting Rights

Speech and Religious Freedom

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: June 2, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Non-profit organizations (based in California and Washington D.C.) which work to increase voter registration, mobilize voters and safeguard voter protections.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, State

Attorney General, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Commerce Power

Due Process

Freedom of speech/association

Other Dockets:

District of Kansas 2:21-cv-02253

U.S. Court of Appeals for the Tenth Circuit 23-3100

U.S. Court of Appeals for the Tenth Circuit 25-3138

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

State Statute Struck Down

Vote Counting

Voting Process Changes

Issues

Voting:

Election administration

Voting: General & Misc.

Voting: Physical/Effective Access