Case: Miller v. Hughs

1:19-cv-01071 | U.S. District Court for the Western District of Texas

Filed Date: Nov. 1, 2019

Closed Date: July 10, 2020

Clearinghouse coding complete

Case Summary

This case is about a Texas statute, Tex. Elec. Code § 12.082(a), that requires candidates of the same political party of the last elected Governor to appear first on general election ballots for every partisan race. On November 1, 2019, a registered Texas voter, the Texas Democratic Party, and three national Democratic committees filed this lawsuit in the U.S. District Court for the Western District of Texas. They sued the Texas Secretary of State under 42 U.S.C. § 1983. Because extensive acade…

This case is about a Texas statute, Tex. Elec. Code § 12.082(a), that requires candidates of the same political party of the last elected Governor to appear first on general election ballots for every partisan race.

On November 1, 2019, a registered Texas voter, the Texas Democratic Party, and three national Democratic committees filed this lawsuit in the U.S. District Court for the Western District of Texas. They sued the Texas Secretary of State under 42 U.S.C. § 1983. Because extensive academic research shows an electoral benefit to candidates being listed first on a ballot, the plaintiffs alleged the ballot order statute burdened their right to vote and provided an unfair and arbitrary advantage to one political party, in violation of the First and Fourteenth Amendments to the U.S. Constitution. Represented by private counsel, the plaintiffs sought declaratory relief, an injunction barring implementation of the ballot order statute, and attorneys’ fees. The case was assigned to District Judge Lee Yeakel.

On December 12, 2019, the Texas Secretary of State moved to dismiss the complaint. She argued that 1) she was not the proper defendant because she did not enforce the ballot order statute, and she was protected by sovereign immunity; 2) the plaintiffs lacked standing to challenge the statute; 3) the challenge was a nonjusticiable political question; and 4) the statute was constitutional.

On July 10, 2020, the court granted the Secretary’s motion to dismiss. The court ruled that the Secretary of State was a proper defendant and not shielded by sovereign immunity. However, the court also ruled that plaintiffs showed insufficient injury in fact to establish Article III standing. Further, even if they had standing, the court held the question of whether the ballot order statute was fair was a question best left to the legislatures and not the courts.

The plaintiff filed a motion for reconsideration in August 2020, but this was denied by the court. 

The case is now closed.

Summary Authors

John McGinnis (5/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16418049/parties/miller-v-hughs/


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Documents in the Clearinghouse

Document
19

1:19-cv-01071

Plaintiff's Opposed Application for a Preliminary Injunction

Nov. 1, 2019

Nov. 1, 2019

Pleading / Motion / Brief
1

1:19-cv-01071

Complaint for Declaratory and Injunctive Relief

Nov. 1, 2019

Nov. 1, 2019

Complaint

2019 WL 5699350

29

1:19-cv-01071

Transcript of Telephone Conference before the Honorable Lee Yeakel

Nov. 22, 2019

Nov. 22, 2019

Transcript
30

1:19-cv-01071

Order

Dec. 3, 2019

Dec. 3, 2019

Order/Opinion
33

1:19-cv-01071

The Texas Secretary of State's Motion to Dismiss

Dec. 12, 2019

Dec. 12, 2019

Pleading / Motion / Brief

2019 WL 7753732

36

1:19-cv-01071

Plaintiff's Response in Opposition to Defendant's Motion to Dismiss

Dec. 31, 2019

Dec. 31, 2019

Pleading / Motion / Brief

2019 WL 9899528

38

1:19-cv-01071

The Texas Secretary of State's Reply in Support of Her Motion to Dismiss

Jan. 10, 2020

Jan. 10, 2020

Pleading / Motion / Brief

2020 WL 4811778

41

1:19-cv-01071

Plaintiff's Notice of Supplemental Authority in Support of Response in Opposition to Secretary's Motion to Dismiss

Jan. 29, 2020

Jan. 29, 2020

Pleading / Motion / Brief
42

1:19-cv-01071

The Texas Secretary of State's Response to Plaintiff's Notice of Supplemental Authority

Feb. 4, 2020

Feb. 4, 2020

Pleading / Motion / Brief
45

1:19-cv-01071

Plaintiff's Opposed Motion for a Limited Protective Order

Feb. 11, 2020

Feb. 11, 2020

Pleading / Motion / Brief

2020 WL 4811780

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16418049/miller-v-hughs/

Last updated Sept. 26, 2025, 9:40 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT --Complaint for Declaratory and Injunctive Relief-- ( Filing fee $ 400 receipt number 0542-12798246), filed by Rachel Miller, Democratic Senatorial Campaign Committee, DNC Services Corp. d/b/a Democratic National Committee, Texas Democratic Party, Democratic Congressional Campaign Committee. (Attachments: # 1 Civil Cover Sheet)(Howton, Skyler) (Entered: 11/01/2019)

1 Civil Cover Sheet

View on PACER

Nov. 1, 2019

Nov. 1, 2019

Clearinghouse
2

REQUEST FOR ISSUANCE OF SUMMONS by DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Howton, Skyler) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
3

RULE 7 DISCLOSURE STATEMENT filed by DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Howton, Skyler) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
4

MOTION to Appear Pro Hac Vice by Skyler M. Howton for Marc E. Elias ( Filing fee $ 100 receipt number 0542-12798385) by on behalf of DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
5

MOTION to Appear Pro Hac Vice by Skyler M. Howton for Elisabeth C. Frost ( Filing fee $ 100 receipt number 0542-12798455) by on behalf of DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Attachment 1 replaced and flattened on 11/1/2019) (cj). (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
6

MOTION to Appear Pro Hac Vice by Skyler M. Howton for John M. Geise ( Filing fee $ 100 receipt number 0542-12798482) by on behalf of DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
7

MOTION to Appear Pro Hac Vice by Skyler M. Howton for Abha Khanna ( Filing fee $ 100 receipt number 0542-12798502) by on behalf of DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
8

MOTION to Appear Pro Hac Vice by Skyler M. Howton for Gillian C. Kuhlmann ( Filing fee $ 100 receipt number 0542-12798545) by on behalf of DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
9

Summons Issued as to Ruth Hughs. (cj) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER

To be Referred to AU Mag Judge

Nov. 1, 2019

Nov. 1, 2019

PACER

Case Assigned/Reassigned

Nov. 1, 2019

Nov. 1, 2019

PACER

Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)

Nov. 1, 2019

Nov. 1, 2019

PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (cj)

Nov. 1, 2019

Nov. 1, 2019

PACER
10

ORDER GRANTING 4 Motion for Marc E. Elias to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
11

ORDER GRANTING 5 Motion for Elisabeth C. Frost to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
12

ORDER GRANTING 6 Motion for John Geise to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
13

ORDER GRANTING 7 Motion for Abha Khanna to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
14

ORDER GRANTING 8 Motion for Gillian C. Kuhlmann to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
15

MOTION for Leave to Exceed Page Limitation -- Unopposed Motion for Leave to Exceed Page Limits -- by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order Order)(Howton, Skyler) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
16

ORDER GRANTING Plaintiffs' 15 Unopposed Motion for Leave to Exceed Page Limits. Signed by Judge Lee Yeakel. (lt) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
17

NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Ruth Hughs. Attorney Patrick K. Sweeten added to party Ruth Hughs(pty:dft) (Sweeten, Patrick) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
18

MOTION for Extension of Time to File Responsive Pleading by Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
19

MOTION for Preliminary Injunction -- Plaintiffs' Opposed Application for a Preliminary Injunction -- by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/18/2019)

1 Proposed Order

View on RECAP

Nov. 18, 2019

Nov. 18, 2019

Clearinghouse
20

APPENDIX to 19 MOTION for Preliminary Injunction -- Plaintiffs' Opposed Application for a Preliminary Injunction -- by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Ex 1-Declaration of E. Frost, # 2 Ex A-Declaration of L. Guinn, # 3 Ex B-Declaration of T. Maxey, # 4 Ex C-Expert Report of J. Rodden, # 5 Ex D-Expert Report of J. Krosnick, # 6 Ex E-Expert Report of D. Grant, # 7 Ex F-Candidate Certification & Ballot Drawing 2016 Primary, # 8 Ex G-Expert Report of J. Henson & J. Blank, # 9 Ex H-Declaration of J. Barasky, # 10 Ex I-Declaration of R. Martin, # 11 Ex J-Declaration of R. Miller)(Howton, Skyler) (Entered: 11/18/2019)

1 Ex 1-Declaration of E. Frost

View on RECAP

2 Ex A-Declaration of L. Guinn

View on RECAP

3 Ex B-Declaration of T. Maxey

View on RECAP

4 Ex C-Expert Report of J. Rodden

View on RECAP

5 Ex D-Expert Report of J. Krosnick

View on RECAP

6 Ex E-Expert Report of D. Grant

View on RECAP

7 Ex F-Candidate Certification & Ballot Drawing 2016 Primary

View on RECAP

8 Ex G-Expert Report of J. Henson & J. Blank

View on RECAP

9 Ex H-Declaration of J. Barasky

View on RECAP

10 Ex I-Declaration of R. Martin

View on RECAP

11 Ex J-Declaration of R. Miller

View on RECAP

Nov. 18, 2019

Nov. 18, 2019

Clearinghouse
21

ORDER GRANTING Defendant's 18 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint for Declaratory and Injunctive Relief; Ruth Hughs answer due 12/12/2019. Signed by Judge Lee Yeakel. (lt) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
22

MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Preliminary Injunction -- Plaintiffs' Opposed Application for a Preliminary Injunction -- by Ruth Hughs. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
23

Response in Opposition to Motion, filed by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party, re 22 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Preliminary Injunction -- Plaintiffs' Opposed Application for a Preliminary Injunction -- filed by Defendant Ruth Hughs (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
24

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 11/22/2019. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
25

Unopposed MOTION to Withdraw 19 MOTION for Preliminary Injunction -- Plaintiffs' Opposed Application for a Preliminary Injunction -- [Plaintiffs' Unopposed Motion to Voluntarily Withdraw Plaintiffs' Opposed Application for a Preliminary Injunction Without Prejudice] by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
26

Scheduling Recommendations/Proposed Scheduling Order Filed Jointly by Plaintiffs and by Ruth Hughs. (Attachments: # 1 Proposed Order, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
27

ORDER GRANTING Plaintiffs' 25 Motion to Voluntarily Withdraw the Opposed Application for a Preliminary Injunction without prejudice to renew or file an amended application at a later date. The Opposed Application for a Preliminary Injunction is considered withdrawn. Signed by Judge Lee Yeakel. (lt) (Main Document 27 replaced on 12/3/2019) (lt). (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
28

ORDER DISMISSING Defendant's 22 Motion for Extension of Time to File a Response to Plaintiffs' Application for a Preliminary Injunction. Signed by Judge Lee Yeakel. (lt) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
29

Transcript filed of Proceedings held on November 22, 2019, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 12/24/2019, Redacted Transcript Deadline set for 1/3/2020, Release of Transcript Restriction set for 3/2/2020, (alr) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

Clearinghouse
30

SCHEDULING ORDER: Discovery due by 5/15/2020, Dispositive and Daubert Motions due by 5/22/2020, Two-day Bench Trial set for 7/20/2020 and 7/21/2020 at 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

Clearinghouse
31

Unopposed MOTION for Leave to Exceed Page Limitation on Motion to Dismiss by Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
32

ORDER GRANTING 31 Unopposed Motion for Leave to Exceed Page Limits. Signed by Judge Lee Yeakel. (lt) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
33

MOTION to Dismiss by Ruth Hughs. (Sweeten, Patrick) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

Clearinghouse
34

Unopposed MOTION for Leave to Exceed Page Limitation on Response in Opposition to Motion to Dismiss by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Geise, John) (Entered: 12/26/2019)

Dec. 26, 2019

Dec. 26, 2019

PACER
35

ORDER GRANTING Plaintiffs' 34 Unopposed Motion for Leave to Exceed Page Limits. Signed by Judge Lee Yeakel. (lt) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
36

Response in Opposition to Motion, filed by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party, re 33 MOTION to Dismiss filed by Defendant Ruth Hughs (Howton, Skyler) (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

Clearinghouse
37

Rule 26(f) Discovery Report/Case Management Plan Jointly Submitted by Ruth Hughs and by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Geise, John) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
38

REPLY to Response to Motion, filed by Ruth Hughs, re 33 MOTION to Dismiss filed by Defendant Ruth Hughs (Sweeten, Patrick) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

Clearinghouse
39

Unopposed MOTION to Withdraw as Attorney by Ruth Hughs. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
40

ORDER GRANTING 39 Unopposed Motion to Withdraw Todd Lawrence Disher as Counsel. Signed by Judge Lee Yeakel. (lt) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
41

NOTICE of Supplemental Authority by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party re 36 Response in Opposition to Motion (Attachments: # 1 Supplement)(Howton, Skyler) Modified on 1/30/2020 to create docket entry relationship(jv2). (Entered: 01/29/2020)

1 Supplement

View on RECAP

Jan. 29, 2020

Jan. 29, 2020

Clearinghouse
42

RESPONSE to 41 Notice (Other), by Ruth Hughs. (Sweeten, Patrick) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

Clearinghouse
43

ORDER Setting Hearing on 33 MOTION to Dismiss : Motion Hearing set for 3/9/2020 at 10:00 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

PACER
44

Unopposed MOTION To Reschedule Motion Hearing -- re 43 Order Setting Hearing on Motion by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
45

Opposed MOTION for Protective Order --Plaintiffs' Opposed Motion for A Limited Protective Order-- by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Ex. A-Email Between Counsel, # 2 Proposed Order)(Howton, Skyler) (Entered: 02/11/2020)

1 Ex. A-Email Between Counsel

View on RECAP

2 Proposed Order

View on RECAP

Feb. 11, 2020

Feb. 11, 2020

Clearinghouse
46

Response in Opposition to Motion, filed by Ruth Hughs, re 45 Opposed MOTION for Protective Order --Plaintiffs' Opposed Motion for A Limited Protective Order-- filed by Plaintiff DSCC, Plaintiff Texas Democratic Party, Plaintiff DCCC, Plaintiff DNC Services Corp., Plaintiff Rachel Miller (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 02/18/2020)

1 Exhibit A

View on RECAP

2 Proposed Order

View on RECAP

Feb. 18, 2020

Feb. 18, 2020

Clearinghouse
47

ORDER GRANTING 44 Plaintiffs' Unopposed Motion to Reschedule Motion Hearing. ORDER the hearing on The Texas Secretary of State's Motion to Dismiss 33 is RESET to Tuesday, March 24,2020, at 2:00 p.m. Signed by Judge Lee Yeakel. (jv2) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER

Motion Hearing reset for 3/24/2020 at 02:00 PM before Judge Lee Yeakel. (jv2)

Feb. 18, 2020

Feb. 18, 2020

PACER
48

REPLY to Response to Motion, filed by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party, re 45 Opposed MOTION for Protective Order --Plaintiffs' Opposed Motion for A Limited Protective Order-- filed by Plaintiff DSCC, Plaintiff Texas Democratic Party, Plaintiff DCCC, Plaintiff DNC Services Corp., Plaintiff Rachel Miller (Howton, Skyler) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

Clearinghouse
49

ORDER REFERRING MOTION: 45 Plaintiffs' Opposed Motion for a Limited Protective Order-- filed by DSCC, Texas Democratic Party, DCCC, DNC Services Corp., Rachel Miller. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Mark Lane. (jv2) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

Clearinghouse
50

NOTICE of Attorney Appearance by Eric A. Hudson on behalf of Ruth Hughs. Attorney Eric A. Hudson added to party Ruth Hughs(pty:dft) (Hudson, Eric) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
51

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 3/17/2020 (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(jv2) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
52

NOTICE of Supplemental Authority in Support of Response in Opposition to Defendant's Motion to Dismiss by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party (Attachments: # 1 Exhibit A - Memo Opinion and Order)(Geise, John) Modified on 3/19/2020 to clarify pleading name in docket text and add docket entry relationship (jv2). (Entered: 03/18/2020)

1 Exhibit A - Memo Opinion and Order

View on PACER

March 18, 2020

March 18, 2020

PACER
53

ORDER RESETTING HEARING ON MOTION TO DISMISS TO BE BY TELEPHONE CONFERENCE. This cause is RESET for a hearing on The Texas Secretary of State's Motion to Dismiss 33 by telephone on 3/24/2020 at 02:00 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (jv2) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
54

ORDER DENYING 45 Plaintiffs' Opposed Motion for a Limited Protective Order. Signed by Judge Mark Lane. (jv2) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

Clearinghouse
55

Minute Entry for proceedings held before Judge Lee Yeakel: Motion Hearing held on 3/24/2020 re 33 MOTION to Dismiss filed by Ruth Hughs (Minute entry documents are not available electronically.) Written Order Forthcoming. (Court Reporter Arlinda Rodriguez.)(jv2) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
56

SUMMONS Returned Executed by Rachel Miller, DSCC, DNC Services Corp., Texas Democratic Party, DCCC. -- RETURN of Service of SUMMONS Executed as to Ruth Hughs served on 11/7/2019-- (Attachments: # 1 Ex A-Summons Served, # 2 Ex B-Certified Mail Receipt)(Howton, Skyler) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
57

Transcript filed of Proceedings held on March 24, 2020, Proceedings Transcribed: Telephonic Motions Hearing. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 4/17/2020, Redacted Transcript Deadline set for 4/27/2020, Release of Transcript Restriction set for 6/25/2020, (alr) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
58

Unopposed MOTION to Extend Scheduling Order Deadlines by Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
59

ORDER GRANTING 58 Defendant's Unopposed Motion to Extend Scheduling Deadlines. Bench Trial set for 7/20/2020-07/21/2020 beginning at 09:30 AM before Judge Lee Yeakel, Discovery due by 5/29/2020, Dispositive Motions due by 5/29/2020. Signed by Judge Lee Yeakel. (jv2) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

Clearinghouse
60

SUPPLEMENT to 36 Response in Opposition to Motion, 52 Notice (Other), 41 Notice (Other), Supplemental Brief Re Nelson v Warner and Comcast Corp v. Nat'l Ass'n of African Am-Owned Media by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Howton, Skyler) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

Clearinghouse
61

Memorandum in Support, filed by Ruth Hughs, re 33 MOTION to Dismiss filed by Defendant Ruth Hughs (Sweeten, Patrick) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

Clearinghouse
62

NOTICE of Attorney Appearance by Todd Lawrence Disher on behalf of Ruth Hughs (Disher, Todd) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
63

NOTICE of Supplemental Authority by Ruth Hughs re 33 MOTION to Dismiss (Sweeten, Patrick) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

Clearinghouse
64

MOTION to Appear Pro Hac Vice by Chad W. Dunn (Rob Meyerhoff for TDP) ( Filing fee $ 100 receipt number 0542-13530255) by on behalf of Texas Democratic Party. (Dunn, Chad) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
65

DEFICIENCY NOTICE: re 64 MOTION to Appear Pro Hac Vice by Chad W. Dunn (Rob Meyerhoff for TDP) ( Filing fee $ 100 receipt number 0542-13530255) (jv2) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
66

ATTACHMENT Proposed Order to 64 MOTION to Appear Pro Hac Vice by Chad W. Dunn (Rob Meyerhoff for TDP) ( Filing fee $ 100 receipt number 0542-13530255) by Texas Democratic Party. (Dunn, Chad) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
67

ORDER GRANTING 64 Robert Leslie Meyerhoff's Motion to Appear Pro Hac Vice on behalf of The Texas Democratic Party. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (jv2) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
68

RESPONSE TO THE SECRETARY'S NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION TO DISMISS-- to 63 Notice (Other) by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Howton, Skyler) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

Clearinghouse
69

NOTICE of Supplemental Authority re 36 Response in Opposition to 33 Motion to Dismiss, by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party (Attachments: # 1 Exhibit A - Memorandum Opinion and Order)(Geise, John) Modified on 6/17/2020 to create docket entry relationship. (jv2). Modified on 6/17/2020 (jv2). (Entered: 06/17/2020)

1 Exhibit A - Memorandum Opinion and Order

View on PACER

June 17, 2020

June 17, 2020

PACER
70

Opposed MOTION TO PROCEED WITH TRIAL VIA VIDEO CONFERENCE-- by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 06/22/2020)

1 Proposed Order

View on PACER

June 22, 2020

June 22, 2020

PACER
71

RESPONSE to Plaintiffs' Notice of Supplemental Authority to 69 Notice (Other), by Ruth Hughs. (Sweeten, Patrick) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
72

NOTICE of Supplemental Authority in Support of 33 Motion to Dismiss by Ruth Hughs (Attachments: # 1 Exhibit A)(Sweeten, Patrick) Modified on 6/26/2020 to create docket entry relationship (jv2). (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
73

RESPONSE to Motion, filed by Ruth Hughs, re 70 Opposed MOTION TO PROCEED WITH TRIAL VIA VIDEO CONFERENCE-- filed by Plaintiff DSCC, Plaintiff Texas Democratic Party, Plaintiff DCCC, Plaintiff DNC Services Corp., Plaintiff Rachel Miller (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Sweeten, Patrick) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
74

RESPONSE to 72 Notice (Other) by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Geise, John) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
75

RESPONSE in Support, filed by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party, re 70 Opposed MOTION TO PROCEED WITH TRIAL VIA VIDEO CONFERENCE-- filed by Plaintiff DSCC, Plaintiff Texas Democratic Party, Plaintiff DCCC, Plaintiff DNC Services Corp., Plaintiff Rachel Miller (Attachments: # 1 Exhibit A - Hearing Transcript, # 2 Exhibit B - Excerpts from DeBeauvoir Deposition, # 3 Exhibit C - Excerpts from Ingram Deposition)(Geise, John) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
76

ORDER GRANTING 33 The Texas Secretary of State's Motion to Dismiss; DISMISSING Plaintiffs' Complaint for Declaratory and Injunctive Relief; and DISMISSING 70 Motion Plaintiffs' Opposed Motion to Proceed with Trial Via Video Conference. Signed by Judge Lee Yeakel. (jv2) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

Clearinghouse
77

FINAL JUDGMENT. Signed by Judge Lee Yeakel. (jv2) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

Clearinghouse
78

Opposed MOTION for Reconsideration re 76 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief, by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Geise, John) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

Clearinghouse
79

ATTACHMENT Proposed Order to 78 Opposed MOTION for Reconsideration re 76 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief, by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Geise, John) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
80

Response in Opposition to Motion, filed by Ruth Hughs, re 78 Opposed MOTION for Reconsideration re 76 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief, filed by Plaintiff DSCC, Plaintiff Texas Democratic Party, Plaintiff DCCC, Plaintiff DNC Services Corp., Plaintiff Rachel Miller (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 08/14/2020)

1 Proposed Order

View on PACER

Aug. 14, 2020

Aug. 14, 2020

PACER
81

ORDER DENYING 78 Plaintiffs' Opposed Motion for Reconsideration. Signed by Judge Lee Yeakel. (jv2) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

Clearinghouse
82

Transcript filed of Proceedings held on March 17, 2020, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/21/2020, Redacted Transcript Deadline set for 11/2/2020, Release of Transcript Restriction set for 12/29/2020, (alr) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

Clearinghouse
83

Transcript filed of Proceedings held on March 25, 2020, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/21/2020, Redacted Transcript Deadline set for 11/2/2020, Release of Transcript Restriction set for 12/29/2020, (alr) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

Clearinghouse
84

Transcript filed of Proceedings held on April 6, 2020, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/21/2020, Redacted Transcript Deadline set for 11/2/2020, Release of Transcript Restriction set for 12/29/2020, (alr) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

Clearinghouse

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 1, 2019

Closing Date: July 10, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A registered Texas voter, the Texas Democratic Party, and three national Democratic committees.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Vote dilution

Voting: General & Misc.