Case: Washington Election Integrity Coalition United v. Kimsey

3:21-cv-05746 | U.S. District Court for the Western District of Washington

Filed Date: Oct. 7, 2021

Closed Date: Oct. 3, 2022

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Case Summary

This is a case about access to voting records. On September 21, 2021, the Washington Election Integrity Coalition United and multiple pro se plaintiffs filed this lawsuit in the Superior Court of the State of Washington for the County of Clark. The plaintiffs sued Clark County and the Clark County Auditor, Greg Kimsey, under Washington’s Public Records Act RCW §§ 42.56.001–42.56.900, and under RCW 29A.68.013(1) and (2). Representing themselves, the plaintiffs sought (1) access to all ballots ca…

This is a case about access to voting records. On September 21, 2021, the Washington Election Integrity Coalition United and multiple pro se plaintiffs filed this lawsuit in the Superior Court of the State of Washington for the County of Clark. The plaintiffs sued Clark County and the Clark County Auditor, Greg Kimsey, under Washington’s Public Records Act RCW §§ 42.56.001–42.56.900, and under RCW 29A.68.013(1) and (2). Representing themselves, the plaintiffs sought (1) access to all ballots case in the 2020 presidential election to conduct a forensic audit, (2) declaratory relief declaring the defendants’ vote flipping to be illegal, and (3) an injunction barring the defendants from allowing or facilitating electronic manipulation of the voting results. They claimed that the defendants flipped votes, maintained a record of elector party preference, and refused to provide ballots for forensic audit as required by law. On October 7, 2021, the defendants removed the case to the United States District Court for the District of Washington at Tacoma. 

On October 22, 2021, the plaintiffs moved to remand the case to state court. On October 25, 2021, the defendants moved to dismiss for lack of subject matter jurisdiction – because the plaintiffs did not have standing to bring the suit – and for failing to state a claim. On November 8, 2021, the defendants responded in opposition to the plaintiffs’ motion to remand. On November 19, 2021, the plaintiffs replied in support of their motion to remand. On November 20, 2021, the plaintiffs responded in opposition to the defendants’ motion to dismiss. On November 24, 2021, the defendants replied in support of their motion to dismiss. 

On August 8, 2022, the court requested supplemental briefing on the motion to remand. Specifically, the court requested the parties’ positions on whether the court could find it lacked subject matter jurisdiction but still dismiss the case, rather than remanding it to state court. The court highlighted Scott v. Polo v. Innovations Int’l. Inc., 833 F.3d 1193 (9th Cir. 2016) and Britton v. Cnty. of Santa Cruz, No. 19-CV-04263-LHK, 2020 WL 4197609 (N.D. Cal. July 22, 2020). The plaintiffs filed their supplemental brief on August 15, 2022, arguing that the court lacked subject matter jurisdiction because the defendants argued that the plaintiffs lacked standing. The defendants filed their supplemental brief on August 15, 2022, arguing that the court should dismiss the plaintiffs’ claim rather than remand it, because remanding the case would be futile. 

On September 30, 2022, the court dismissed the plaintiffs’ case. The court found that the plaintiffs lacked Article III standing because they alleged generalized grievances about the government, as opposed to a personal stake in the outcome of the case. The court found that remand of the case would be futile because RCW §§ 42.56.001–42.56.900 does not allow public access to ballots and because the plaintiffs missed the deadline to file their RCW 29A.68.013(1) and (2) claims. 

Summary Authors

Peter Cox (9/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60633113/parties/washington-election-integrity-coalition-united-v-kimsey/


Attorney for Plaintiff

Anderson, Kimberly (Washington)

Audette, Susan (Washington)

Audette, Rich (Washington)

Attorney for Defendant
Expert/Monitor/Master/Other

Almon-Griffin, Reina A (Washington)

Arora, Nitika (Washington)

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Documents in the Clearinghouse

Document
1

3:21-cv-05746

Notice of Removal

Washington Election Int v. Kimsey 3:21-cv-05746

Oct. 7, 2021

Oct. 7, 2021

Complaint
2

3:21-cv-05746

Declaration of Amanda M. Migchelbrink Re Verification of State Court Records

Oct. 7, 2021

Oct. 7, 2021

Declaration/Affidavit
16

3:21-cv-05746

Plaintiffs' Motion to Remand

Oct. 22, 2021

Oct. 22, 2021

Pleading / Motion / Brief
17

3:21-cv-05746

Defendant's Motion to Dismiss

Oct. 25, 2021

Oct. 25, 2021

Pleading / Motion / Brief
25

3:21-cv-05746

Defendants' Response to Plaintiff's Motion to Remand

Nov. 8, 2021

Nov. 8, 2021

Pleading / Motion / Brief
28

3:21-cv-05746

Reply in Support of Motion to Remand

Nov. 19, 2021

Nov. 19, 2021

Pleading / Motion / Brief
29

3:21-cv-05746

Plaintiff's Opposition to Defendants' Motion to Dismiss

Nov. 20, 2021

Nov. 20, 2021

Pleading / Motion / Brief
32

3:21-cv-05746

Defendants' Reply in Support of Motion to Dismiss

Nov. 24, 2021

Nov. 24, 2021

Pleading / Motion / Brief
39

3:21-cv-05746

Order Requesting Supplemental Briefing re Remand

Aug. 8, 2022

Aug. 8, 2022

Order/Opinion
40

3:21-cv-05746

Plaintiffs' Supplemental Brief Re Remand

Aug. 15, 2022

Aug. 15, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60633113/washington-election-integrity-coalition-united-v-kimsey/

Last updated March 6, 2026, 4:23 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Clark County Superior Court, case number 21-2-01775-06; (Receipt # AWAWDC-7282396), filed by Clark County, Greg Kimsey. (Attachments: # 1 Exhibit Complaint)(Migchelbrink, Amanda) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

Clearinghouse
2

VERIFICATION OF STATE COURT RECORDS via Declaration of Amanda M. Migchelbrink with Exhibits 1-8 by Defendants Clark County, Greg Kimsey (Migchelbrink, Amanda) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

Clearinghouse
3

NOTICE to Plaintiffs of Notice of Removal re 2 Verification of State Court Records, 1 Notice of Removal ; filed by Defendants Clark County, Greg Kimsey. (Migchelbrink, Amanda) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

4

CIVIL COVER SHEET re 1 Notice of Removal ; filed by Defendants Clark County, Greg Kimsey. (Migchelbrink, Amanda) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

5

LETTER from Clerk re receipt of case from Clark County Superior Court and advising of WAWD case number and judge assignment. (AMD - cc: pltfs) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

6

Notice of Filing Deficiency re 1 Notice of Removal. ***Action Required*** Notice of Removal - Jury Demand Improperly Submitted, Notice of Related Cases Omitted.See attached letter for more information and instructions. Notice of Related Case must be filed by 10/13/2021. (AMD - cc: pltfs) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

Judge Robert S. Lasnik added. (AMD)

Oct. 8, 2021

Oct. 8, 2021

Corporate Disclosure Statement - Notice of Deadlines

Oct. 8, 2021

Oct. 8, 2021

Disclosure Statement - Notice of Deadlines

Oct. 8, 2021

Oct. 8, 2021

Add and Terminate Judges

Oct. 8, 2021

Oct. 8, 2021

NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff Washington Election Integrity Coalition and Defendant Washington State Democratic Central Committee must file a Corporate Disclosure Statement by 10/15/2021. (AMD - cc: pltf)

Oct. 8, 2021

Oct. 8, 2021

7

NOTICE of Related Case Pendency of Other Action in United States District Court Western District of Washington at Seattle, United States District Court Western District of Washington at Seattle, case number(s) in other court 2:21-cv-01354-DWC, 3:21-cv-05726-RAJ ; filed by Defendants Clark County, Greg Kimsey. (Migchelbrink, Amanda) Modified on 10/14/2021 to update event name (KB). (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

8

NOTICE of Pendency of Other Action in Whatcom, Thurston, Franklin, King, and Lincoln County Superior Courts, case number(s) in other court 21-2-00949-37, 21-2-01641-34, 21-2-50572-11, 21-2-12603-7-KNT, 21-2-00042-22 ; filed by Defendants Clark County, Greg Kimsey. (Migchelbrink, Amanda) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

Case Assigned/Reassigned

Oct. 12, 2021

Oct. 12, 2021

Case Reassigned to Judge Richard A. Jones as related to Case No. 3:21-cv-5726-RAJ. Judge Robert S. Lasnik no longer assigned to the case. All future pleadings shall bear Case No. 3:21-cv-5746-RAJ. (cc: Plaintiffs via U.S. Mail) (KERR) Modified on 10/12/2021 (KERR).

Oct. 12, 2021

Oct. 12, 2021

Case Assigned/Reassigned to Judge

Oct. 12, 2021

Oct. 12, 2021

9

STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (cc: Plaintiffs via USPS) (VE) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

10

MINUTE ORDER entered upon the authority of Judge Richard A. Jones. Plaintiff Washington Election Integrity Coalition United appears pro se in this matter. Local Rule 83.2(b)(4) requires that business entities other than sole proprietorships be represented by counsel. The Court directs Plaintiff Washington Election Integrity Coalition United to obtain counsel and that counsel shall make an appearance no later than 11/10/2021. (cc: Plaintiffs via USPS) (VE) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

11

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Washington State Democratic Central Committee (Almon-Griffin, Reina) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

12

MOTION to Strike Notice of Removal, or Alternatively, Sever Claims, filed by Plaintiff Washington Election Integrity Coalition United (submitted pro se). (Attachments: # 1 Proposed Order)(MW) (Entered: 10/15/2021)

Oct. 14, 2021

Oct. 14, 2021

13

NOTICE of Joinder JOINING 12 MOTION to Strike Notice of Removal, or Alternatively, to Sever Claims, by Plaintiffs Kimberly Anderson, Rich Audette, Susan Audette, Joshua Bradley, Maria Bruemmer, Stephen Clements, Constance Cooke, Bennett Esrael, Joseph Gibson, Frank Gmelin, Bonnie Grieco, Ike Haas, Marili Haas, Eric Hargrave, Phillip Hogan, Jen Holbrook, Wendy Keeline, Joseph Kent, Ross Merritt, Jonette Molyneux, James Mozena, Shirley Mozena, Lindsey Nichols, Jake Parmer, Doreen Rose, Tamara Shaw, Tricia Shoup, Brett Simpson, Harlyn Thompson, Robert Ward. (MW) (Entered: 10/15/2021)

Oct. 14, 2021

Oct. 14, 2021

14

MINUTE ORDER entered upon the authority of Judge Richard A. Jones. The local rules require that business entities other than sole proprietorships be represented by counsel. Accordingly, Plaintiff Washington Election Integrity Coalition United's pro se 12 MOTION to Strike Notice of Removal, or Alternatively, Sever Claims Under 28 U.S.C. § 1441(c)(2) is STRICKEN. (cc: Plaintiffs via USPS) (VE) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

15

NOTICE of Appearance by attorney Virginia Pearson Shogren on behalf of Plaintiff Washington Election Integrity Coalition United. (Shogren, Virginia) (Entered: 10/17/2021)

Oct. 17, 2021

Oct. 17, 2021

Clearinghouse
16

MOTION to Remand, filed by Plaintiff Washington Election Integrity Coalition United. (Attachments: # 1 Declaration, # 2 Proposed Order) Noting Date 11/19/2021, (Shogren, Virginia) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

Clearinghouse
20

Mail addressed to Lindsey Nichols returned as "Return to Sender/No Such Number/Unable to Forward" re Corporate Disclosure Statement Deficiency, 5 Judge Assignment Letter, 6 Notice of Filing Deficiency - Jury Demand, and case docket sheet. (SP) (Entered: 10/25/2021)

Oct. 22, 2021

Oct. 22, 2021

17

MOTION to Dismiss, filed by Defendants Clark County, Greg Kimsey. (Attachments: # 1 Proposed Order) Noting Date 11/26/2021, (Migchelbrink, Amanda) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

Clearinghouse
18

DECLARATION of Greg Kimsey filed by Defendants Clark County, Greg Kimsey re 17 MOTION to Dismiss (Migchelbrink, Amanda) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

19

DECLARATION of Amanda Migchelbrink filed by Defendants Clark County, Greg Kimsey re 17 MOTION to Dismiss (Migchelbrink, Amanda) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

21

NOTICE of Appearance by attorney Kevin J Hamilton on behalf of Intervenor Washington State Democratic Party. (Hamilton, Kevin) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

Add and Terminate Attorneys

Oct. 26, 2021

Oct. 26, 2021

Attorney Amanda J Beane, Reina A Almon-Griffin, Nitika Arora added for Washington State Democratic Party; per 21 Notice of Appearance. (SR)

Oct. 26, 2021

Oct. 26, 2021

22

MOTION to Intervene, filed by Intervenor Washington State Democratic Central Committee. Oral Argument Requested. (Attachments: # 1 Exhibit A-D, # 2 Proposed Order) Noting Date 11/12/2021, (Hamilton, Kevin) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

23

Mail addressed to Lindsey Nichols returned as Undeliverable re 10 Minute Order and 9 Standing Order. (SR) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

NOTICE TO THE PARTIES: The Court acknowledges the requirements of FRCP 16(b), but finds good cause to defer entry of an initial case scheduling order pending its ruling on 16 MOTION to Remand, filed by Plaintiff Washington Election Integrity Coalition United and 17 MOTION to Dismiss, filed by Defendants Clark County, Greg Kimsey. (cc: Pro Se Plaintiffs via USPS) (VE)

Oct. 27, 2021

Oct. 27, 2021

Notice-Other

Oct. 27, 2021

Oct. 27, 2021

24

RESPONSE, by Plaintiff Washington Election Integrity Coalition United, to 22 MOTION to Intervene . (Shogren, Virginia) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

25

RESPONSE, by Defendants Clark County, Greg Kimsey, to 16 MOTION to Remand, 12 MOTION to Sever. (Migchelbrink, Amanda) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

Clearinghouse
26

REPLY, filed by Intervenor Washington State Democratic Central Committee, TO RESPONSE to 22 MOTION to Intervene (Hamilton, Kevin) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

27

Mail addressed to Lindsey Nichols returned as Undeliverable re Case Assigned/Reassigned, Notice-Other, 14 Minute Order. (SR) Modified on 11/15/2021: Plaintiff Nichols called and corrected discrepancy between Notice of Removal and State Court Complaint. Address updated, dkt 14 re-mailed. (MW). (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

28

REPLY, filed by Plaintiff Washington Election Integrity Coalition United, TO RESPONSE to 16 MOTION to Remand (Shogren, Virginia) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

Clearinghouse
29

RESPONSE, by Plaintiff Washington Election Integrity Coalition United, to 17 MOTION to Dismiss . (Shogren, Virginia) (Entered: 11/20/2021)

Nov. 20, 2021

Nov. 20, 2021

Clearinghouse
30

NOTICE: Plaintiff Brett Simpson has registered to electronically file and receive electronic service in this case. (KB) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

31

Notice MOTION for Joinder, filed by Plaintiff Brett Simpson. (Attachments: # 1 Exhibit Proof of Service filed w/ Superior Court)(Simpson, Brett) Modified on 11/29/2021 to terminate motion and correct document title (SR). (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

32

RESPONSE, by Defendant Clark County, to 17 MOTION to Dismiss . (Burns, Curtis) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

Clearinghouse

Case Assigned/Reassigned

Dec. 20, 2021

Dec. 20, 2021

MINUTE ORDER (text only) authorized by Judge Richard A. Jones. Case reassigned to Judge Lauren King. Judge Richard A. Jones no longer assigned to the case. (cc: Non-Efiler Pro Se Plaintiffs via USPS) (VE)

Dec. 20, 2021

Dec. 20, 2021

Case Assigned/Reassigned to Judge

Dec. 20, 2021

Dec. 20, 2021

33

ORDER REGARDING 28 U.S.C. § 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Lauren King. (cc: Non-Efiler Pro Se Plaintiffs via USPS) (NAW) (Entered: 12/30/2021)

Dec. 30, 2021

Dec. 30, 2021

34

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Nitika Arora for Intervenor Washington State Democratic Central Committee. (Almon-Griffin, Reina) (Entered: 01/05/2022)

Jan. 5, 2022

Jan. 5, 2022

35

Mail addressed to Lindsey Nichols returned as Undeliverable re 33 LK Order re 28 USC 455; Case Assigned/Reassigned (MW) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

36

NOTICE of Supplemental Authority re 22 MOTION to Intervene by Intervenor Washington State Democratic Central Committee (Almon-Griffin, Reina) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

37

NOTICE of Change of Address/Change of Name Filed by Plaintiff Doreen Rose. Address updated to 4026 N 1st Way(MW) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

38

NOTICE of Supplemental Authority re 22 MOTION to Intervene by Intervenor Washington State Democratic Central Committee (Attachments: # 1 Exhibit A-D)(Almon-Griffin, Reina) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

39

ORDER Requesting Supplemental Briefing re Remand. The parties are directed to review Scott v. Polo v. Innovations Int'l. Inc., 833 F.3d 1193 (9th Cir. 2016) and Britton v. Cnty. of Santa Cruz, No. 19-CV-04263-LHK, 2020 WL 4197609 (N.D. Cal. July 22, 2020), and are ordered to file supplemental briefs of up to three pages each addressing whether the parties will stipulate to remand of this matter. The briefs must be filed no later than August 15, 2022. Signed by Judge Lauren King. (MW)

Aug. 8, 2022

Aug. 8, 2022

Clearinghouse
40

SUPPLEMENT Briefing Re Remand by Plaintiff Washington Election Integrity Coalition United (Shogren, Virginia) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

Clearinghouse
41

SUPPLEMENT Response RE Remand by Defendants Clark County, Does 1-30, Greg Kimsey (Burns, Curtis) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

Clearinghouse
42

ORDER: The Court DENIES WEICU's motion to remand, Dkt. No. 16 , and GRANTS Defendants' motion to dismiss Plaintiffs' claims, Dkt. No. 17 , without prejudice. The Washington State Democratic Central Committees Motion to Intervene, Dkt. No. 22 , is DENIED as moot. Signed by Judge Lauren King. (LH) (cc: Pro se plaintiffs via US mail)

Sept. 30, 2022

Sept. 30, 2022

Clearinghouse
43

JUDGMENT BY COURT: THE COURT HAS ORDERED THAT for the reasons set forth in the Court's September 30, 2022 Order, judgment is entered in favor of Defendants and against Plaintiffs, and Plaintiffs' claims are dismissed without prejudice. (LH) (cc: Pro se plaintiffs via US mail) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

Clearinghouse

Case Details

State / Territory:

Washington

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 7, 2021

Closing Date: Oct. 3, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nonprofit Washington Election Integrity Coalition United and multiple individual voters appearing pro se.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Clark County

Political Party

Washington State Democratic Party

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Western District of Washington 3:21-cv-05746

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Voting:

Election administration

Voting: General & Misc.

Recommended Citation