Case: League of Women Voters of Tennessee v. Hargett

3:19-cv-00385 | U.S. District Court for the Middle District of Tennessee

Filed Date: May 9, 2019

Closed Date: Oct. 26, 2020

Clearinghouse coding complete

Case Summary

This is a case about voter registration restrictions. Specifically, the case addresses a Tennessee law that imposed restrictions on third-party voter registration organizations. On May 9, 2019, The League of Women Voters of Tennessee, the League of Women Voters of Tennessee Education Fund, the American Muslim Advisory Council, Mid-South Peace and Justice Center, Rock the Vote, and Spread the Vote filed this lawsuit in the United States District Court for the Middle District of Tennessee against…

This is a case about voter registration restrictions. Specifically, the case addresses a Tennessee law that imposed restrictions on third-party voter registration organizations.

On May 9, 2019, The League of Women Voters of Tennessee, the League of Women Voters of Tennessee Education Fund, the American Muslim Advisory Council, Mid-South Peace and Justice Center, Rock the Vote, and Spread the Vote filed this lawsuit in the United States District Court for the Middle District of Tennessee against the Secretary of State of Tennessee, the Tennessee Attorney General, and the Tennessee State Election Committee. The plaintiffs were legally represented by the American Civil Liberties Union, the Campaign Legal Center, the Fair Elections Center, and private counsel. The lawsuit was brought under 42 U.S.C. § 1983 and alleged that Tennessee Code Sections 2-2-142(a)-(b), (e)-(g), 2-2-143, and 2-19-145 violated the First and Fourteenth Amendments of the Constitution. As a form of relief, the plaintiffs sought to enjoin the enforcement of these sections. Judge Aleta Arthur Trauger was assigned to the case. 

Tennessee Code Section 2-2-142 (the “Drives Provision”) stated that “prior to conducting” any “voter registration drive” in which an organization or individual “attempts to collect” more than 100 voter registration applications, organizations must (a) pre-register with the state the name and contact information of the person “conducting the voter registration drive,” (b) complete specific training administered by the Tennessee Coordinator of Elections; (c) ensure that each individual participating in the drive complete the training; and (d) file a sworn statement promising to obey all state laws and procedures. The Drives Provision also requires submission of all “completed voter registration forms” within 10 days of “the voter registration drive” without exception.

Tennessee Code Section 2-2-143 (the “Incomplete Forms Provision”) subjected any organization that filed 100 or more “incomplete voter registration applications with one (1) or more county election commissions . . . to a civil penalty.” Organizations that turned in 100 or more “incomplete voter registration applications” within one year were subject to significant civil penalties, ranging up to $10,000 per offense per county.

The Drives Provision and Incomplete Forms Provision did not apply to “individuals who are not paid to collect voter registrations” and organizations that “[were] not paid to collect voter registrations applications and that only used unpaid volunteers to collect voter registration applications.”

Section 2-19-145 (the “Compelled Statement Provision”) provided, subject to criminal penalties, that any “public communication regarding voter status”—which explicitly includes, but is not limited to, phone calls, emails, text messages, web content, and mailings—must include a “disclaimer” that the “communication is not made in conjunction with or authorized by the secretary of state.” 

To challenge these provisions, the plaintiffs brought five claims under the First and Fourteenth Amendments. The First Amendment claims alleged that the Laws violated the right to free speech and association, constituted compelled speech, and were substantially overbroad. The Fourteenth Amendment claims alleged that the Laws violated due process and placed a burden on political speech and association in connection with the fundamental right to vote. 

On June 7, 2019, the defendant Tennessee Attorney General filed a motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). 

On June 21, 2019, the plaintiffs responded by filing an amended complaint containing the same five First and Fourteenth Amendment claims brought under 42 U.S.C. § 1983. In consideration of the amended complaint, Judge Trauger denied the defendant's motion to dismiss as moot on June 24, 2019. The defendant Tennessee Attorney General subsequently filed a motion to dismiss the amended complaint on July 5, 2019. The second motion to dismiss also alleged lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).

On August 30, 2019, the plaintiffs filed a motion for a preliminary injunction. The motion reasserted the five First and Fourteenth Amendment claims from the amended complaint and sought to prohibit the state of Tennessee from enacting the Laws. The court filed an opinion on September 12, 2019, granting a preliminary injunction to the plaintiffs.

The preliminary injunction remained active until October 26, 2020, when the plaintiffs filed a motion to dismiss. On April 2, 2020, the Governor of Tennessee signed a provision into law that repealed all of the challenged provisions of the third-party voter registration laws. The case is now closed. 

Summary Authors

Scott Nolan (4/23/2024)

Documents in the Clearinghouse

Document
1

3:19-cv-00385

Complaint

May 9, 2019

May 9, 2019

Complaint
35

3:19-cv-00385

Amended Motion to Dismiss

June 7, 2019

June 7, 2019

Pleading / Motion / Brief
36

3:19-cv-00385

Amended Memorandum of Law in Support of the Motion to Dismiss

June 7, 2019

June 7, 2019

Pleading / Motion / Brief
37

3:19-cv-00385

Amended Complaint

June 21, 2019

June 21, 2019

Complaint
38

3:19-cv-00385

Order

June 24, 2019

June 24, 2019

Order/Opinion
39

3:19-cv-00385

Motion to Dismiss Amended Complaint

July 5, 2019

July 5, 2019

Pleading / Motion / Brief
40

3:19-cv-00385

Memorandum of Law in Support of the Motion to Dismiss Amended Complaint

July 5, 2019

July 5, 2019

Pleading / Motion / Brief
41

3:19-cv-00385

Order

July 8, 2019

July 8, 2019

Order/Opinion
44

3:19-cv-00385

Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss

July 19, 2019

July 19, 2019

Pleading / Motion / Brief
46

3:19-cv-00385

Reply in Support of the Motion to Dismiss Amended Complaint

July 26, 2019

July 26, 2019

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15421340/league-of-women-voters-of-tennessee-v-hargett/

Last updated April 23, 2024, 1:48 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Mike McDonald, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler and Kent Younce (Filing fee $400, Receipt number 0650-2909761), filed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, Spread the Vote and American Muslim Advisory Council. (Attachments: # 1 Attachment - Civil Cover Sheet)(dt) (Entered: 05/09/2019)

1 Attachment - Civil Cover Sheet

View on PACER

May 9, 2019

May 9, 2019

Clearinghouse

Annotation - Bar Status

May 9, 2019

May 9, 2019

PACER
2

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER

Annotation - PHV

May 9, 2019

May 9, 2019

PACER
3

NOTICE of Business Entity Disclosure Statement filing requirement. (dt) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
4

Summons issued as to Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Mike McDonald, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler, Kent Younce. (Service copies will be picked up by counsel.) (dt) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER

TN State Bar status verified as active for Thomas H. Castelli, Amanda S. Floyd,William L. Harbison, C. Dewey Branstetter, Jr and Hunter C. Branstetter. NY State Bar status verified as active for Sophia Lin Lakin, Theresa J. Lee and Dale E. Ho. MD State Bar status verified as active for Sarah Brannon. DC State Bar status verified as active for Davin Rosborough, Danielle Lang, Michelle Kanter Cohen and Jon Sherman. (dt)

May 9, 2019

May 9, 2019

PACER

NOTICE TO COUNSEL Sophia Lin Lakin, Theresa J. Lee, Dale E. Ho, Sarah Brannon, Davin Rosborough, Danielle Lang, Urja Mittal, Michelle Kanter Cohen and Jon Sherman: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 5/30/2019. (dt)

May 9, 2019

May 9, 2019

PACER
5

NOTICE of Initial Case Management Conference set for 7/15/2019 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (dt) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER

Annotation - Bar Status

May 10, 2019

May 10, 2019

PACER

CA State Bar status verified as active for Urja Mittal. (dt)

May 10, 2019

May 10, 2019

PACER
6

BUSINESS ENTITY DISCLOSURE STATEMENT filed by American Muslim Advisory Council. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
7

BUSINESS ENTITY DISCLOSURE STATEMENT filed by League of Women Voters of Tennessee. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
8

BUSINESS ENTITY DISCLOSURE STATEMENT filed by League of Women Voters of Tennessee Education Fund. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
9

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Mid-South Peace & Justice Center. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
10

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Rock the Vote. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
11

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Spread the Vote. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
12

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, Spread the Vote, American Muslim Advisory Council. Tre Hargett served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

RECAP
13

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, Spread the Vote, American Muslim Advisory Council. Mark Goins served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
14

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, Spread the Vote, American Muslim Advisory Council. Herbert H. Slatery, III served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
15

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Spread the Vote, American Muslim Advisory Council. State Election Commission, The served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
16

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, Spread the Vote, American Muslim Advisory Council. Donna Barrett served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
17

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, Spread the Vote, American Muslim Advisory Council. Judy Blackburn served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
18

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, Spread the Vote, American Muslim Advisory Council. Greg Duckett served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
19

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, Spread the Vote, American Muslim Advisory Council. Mike McDonald served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
20

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Spread the Vote, American Muslim Advisory Council. Jimmy Wallace served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
21

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, Spread the Vote, American Muslim Advisory Council. Tom Wheeler served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
22

SUMMONS returned executed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, Spread the Vote, American Muslim Advisory Council. Kent Younce served on 5/16/2019. (Castelli, Thomas) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
23

MOTION for attorney Sarah Brannon to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2923113) by American Muslim Advisory Council, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Mid-South Peace & Justice Center, Rock the Vote, Spread the Vote. (Attachments: # 1 Attachment Declaration of Sarah Brannon, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
24

MOTION for attorney Dale E. Ho to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2923121) by American Muslim Advisory Council, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Mid-South Peace & Justice Center, Rock the Vote, Spread the Vote. (Attachments: # 1 Attachment Declaration of Dale Ho, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
25

MOTION for attorney Sophia Lin Lakin to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2923132) by American Muslim Advisory Council, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Mid-South Peace & Justice Center, Rock the Vote, Spread the Vote. (Attachments: # 1 Attachment Declaration of Sophia Lin Lakin, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
26

MOTION for attorney Theresa J. Lee to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2923175) by American Muslim Advisory Council, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Mid-South Peace & Justice Center, Rock the Vote, Spread the Vote. (Attachments: # 1 Attachment Declaration of Theresa J. Lee, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
27

MOTION for attorney Davin Rosborough to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2923180), MOTION for Leave to Appear Pro Hac Vice by American Muslim Advisory Council, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Mid-South Peace & Justice Center, Rock the Vote, Spread the Vote. (Attachments: # 1 Attachment Declaration of Davin Rosborough, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
28

MOTION for attorney Danielle M. Lang to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2923206) by American Muslim Advisory Council, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Mid-South Peace & Justice Center, Rock the Vote, Spread the Vote. (Attachments: # 1 Attachment Declaration of Danielle M. Lang, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
29

MOTION for attorney Urja Mittal to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2923212) by American Muslim Advisory Council, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Mid-South Peace & Justice Center, Rock the Vote, Spread the Vote. (Attachments: # 1 Attachment Declaration of Urja Mittal, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
30

MOTION for attorney Michelle E. Kanter Cohen to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2923223) by American Muslim Advisory Council, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Mid-South Peace & Justice Center, Rock the Vote, Spread the Vote. (Attachments: # 1 Attachment Declaration of Michelle E. Kanter Cohen, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
31

MOTION for attorney Jon Sherman to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2923235) by American Muslim Advisory Council, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Mid-South Peace & Justice Center, Rock the Vote, Spread the Vote. (Attachments: # 1 Attachment Declaration of Jon Sherman, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
32

ORDER: Having satisfied the requirements of Local Rule 83.01(b), the motions to appear pro hac vice (Doc. Nos. 23, 24, 25, 26, 27, 28, 29, 30, and 31 ) of Sarah Brannon, Dale E. Ho, Sophia Lin Lakin, Theresa J. Lee, Davin Rosborough, Danielle M. Lang, Urja Mittal, Michelle E. Kanter Cohen, and Jon Sherman are GRANTED. Signed by Vicki R. Kinkade, Chief Deputy Clerk, on 6/4/19. (dt) (Entered: 06/04/2019)

June 3, 2019

June 3, 2019

PACER
33

(DISREGARD - INCORRECT PDF ATTACHED - ATTORNEY TO REFILE) MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Mike McDonald, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler, Kent Younce. (Rieger, Alexander) Modified on 6/7/2019 (dt). (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
34

(DISREGARD - INCORRECT PDF ATTACHED - ATTORNEY TO REFILE) MEMORANDUM in Support of 33 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler, Kent Younce . (Rieger, Alexander) Modified on 6/7/2019 (dt). (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

RECAP
35

MOTION to Dismiss, MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Mike McDonald, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler, Kent Younce. (Rieger, Alexander) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

Clearinghouse

Dismiss/Lack of Jurisdiction

June 7, 2019

June 7, 2019

PACER

Dismiss for Failure to State a Claim

June 7, 2019

June 7, 2019

PACER
36

MEMORANDUM in Support of 35 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Mike McDonald, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler, Kent Younce . (Rieger, Alexander) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

Clearinghouse
37

AMENDED COMPLAINT against All Defendants, filed by League of Women Voters of Tennessee, Mid-South Peace & Justice Center, League of Women Voters of Tennessee Education Fund, Rock the Vote, American Muslim Advisory Council, Memphis Central Labor Council, HeadCount.(Castelli, Thomas) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

Clearinghouse
38

ORDER: Given the filing of an Amended Complaint (Docket No. 37 ), it is hereby ORDERED that the pending Motion to Dismiss (Docket No. 35 ) is DENIED as moot. Signed by District Judge Aleta A. Trauger on 6/24/19. (dt) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

Clearinghouse
39

MOTION to Dismiss Amended Complaint, MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler, Kent Younce. (Rieger, Alexander) (Entered: 07/05/2019)

July 5, 2019

July 5, 2019

Clearinghouse
40

MEMORANDUM in Support of 39 MOTION to Dismiss Amended Complaint MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler, Kent Younce . (Rieger, Alexander) (Entered: 07/05/2019)

July 5, 2019

July 5, 2019

Clearinghouse
41

ORDER: Given the pendency of a new Motion to Dismiss (Docket No. 39 ), it is hereby ORDERED that the initial case management conference scheduled for July 15, 2019 is CONTINUED, to be reset if appropriate, after the disposition of this motion. Signed by District Judge Aleta A. Trauger on 7/8/19. (dt) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

Clearinghouse
42

Consent MOTION for Leave to File Excess Pages by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote. (Lee, Theresa) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
43

ORDER granting 42 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 7/17/19. (dt) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
44

RESPONSE in Opposition re 39 MOTION to Dismiss Amended Complaint MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote. (Lee, Theresa) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

Clearinghouse
45

NOTICE of Appearance by Kelley L. Groover on behalf of All Defendants (Groover, Kelley) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
46

REPLY to Response to Motion re 39 MOTION to Dismiss Amended Complaint MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Mike McDonald, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler, Kent Younce. (Rieger, Alexander) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

Clearinghouse
47

BUSINESS ENTITY DISCLOSURE STATEMENT filed by HeadCount. (Castelli, Thomas) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
48

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Memphis Central Labor Council. (Castelli, Thomas) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
49

MOTION for attorney Molly Danahy to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2964352) by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote. (Attachments: # 1 Attachment Declaration of Molly Danahy, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER
50

NOTICE by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote of Withdrawal of Attorney Urja Mittal (Castelli, Thomas) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

Clearinghouse

DC State Bar status verified as active for Molly Danahy. (dt)

Aug. 5, 2019

Aug. 5, 2019

PACER

Annotation - Bar Status

Aug. 5, 2019

Aug. 5, 2019

PACER
51

ORDER granting 49 Motion for Molly Danahy to Appear Pro Hac Vice. Signed by Kirk L. Davies on 8/6/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER

Annotation - Bar Status

Aug. 6, 2019

Aug. 6, 2019

PACER

TN State Bar status verified as active for Kelley L. Groover. (dt)

Aug. 6, 2019

Aug. 6, 2019

PACER
52

Consent MOTION for Leave to File Excess Pages in Brief in Support of Motion for Preliminary Injunction by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote. (Lee, Theresa) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
53

ORDER granting 52 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 8/29/19. (dt) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
54

MOTION for Preliminary Injunction by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote. (Attachments: # 1 Attachment Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction, # 2 Exhibit A: Declaration of Marian Ott, # 3 Exhibit B: Declaration of Sabina Mohyuddin, # 4 Exhibit C: Declaration of Paul Garner, # 5 Exhibit D: Declaration of Jeffrey Lichtenstein, # 6 Exhibit E: Declaration of Tappan Vickery, # 7 Exhibit F: Declaration of Carolyn DeWitt)(Lee, Theresa) (Entered: 08/30/2019)

1 Attachment Memorandum in Support of Plaintiffs' Motion for a Preliminary In

View on RECAP

2 Exhibit A: Declaration of Marian Ott

View on PACER

3 Exhibit B: Declaration of Sabina Mohyuddin

View on PACER

4 Exhibit C: Declaration of Paul Garner

View on PACER

5 Exhibit D: Declaration of Jeffrey Lichtenstein

View on PACER

6 Exhibit E: Declaration of Tappan Vickery

View on PACER

7 Exhibit F: Declaration of Carolyn DeWitt

View on PACER

Aug. 30, 2019

Aug. 30, 2019

PACER
55

ORDER: It is hereby ORDERED that the defendants shall respond to the Plaintiffs' Motion for a Preliminary Injunction 54 by Monday, September 9, 2019. Signed by District Judge Aleta A. Trauger on 8/30/2019. (ds) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
56

NOTICE by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote of Withdrawal of Attorney Amanda Strickland Floyd (Floyd, Amanda) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
57

MEMORANDUM Signed by District Judge Aleta A. Trauger on 9/9/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

Clearinghouse
58

ORDER: For the reasons explained in the accompanying Memorandum, the defendants' Motion to Dismiss (Docket No. 39 ) is hereby DENIED. Signed by District Judge Aleta A. Trauger on 9/9/19. (dt) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

Clearinghouse
59

RESPONSE in Opposition re 54 MOTION for Preliminary Injunction filed by Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler, Kent Younce. (Attachments: # 1 Exhibit Ex 1-Declaration of Mark Goins, # 2 Exhibit Ex 2-Declaration of Donna Barrett, # 3 Exhibit Ex 3-Declaration of Judy Blackburn, # 4 Exhibit Ex 4-Declaration of Gregory Duckett, # 5 Exhibit Ex 5-Declaration of Mike McDonald, # 6 Exhibit Ex 6-Declaration of Jimmy Wallace, # 7 Exhibit Ex 7-Declaration of Tom Wheeler, # 8 Exhibit Ex 8-Declaration of Kent Younce)(Rieger, Alexander) (Entered: 09/09/2019)

1 Exhibit Ex 1-Declaration of Mark Goins

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2 Exhibit Ex 2-Declaration of Donna Barrett

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3 Exhibit Ex 3-Declaration of Judy Blackburn

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4 Exhibit Ex 4-Declaration of Gregory Duckett

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5 Exhibit Ex 5-Declaration of Mike McDonald

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6 Exhibit Ex 6-Declaration of Jimmy Wallace

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7 Exhibit Ex 7-Declaration of Tom Wheeler

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8 Exhibit Ex 8-Declaration of Kent Younce

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Sept. 9, 2019

Sept. 9, 2019

Clearinghouse
60

MEMORANDUM OPINION OF THE COURT signed by District Judge Aleta A. Trauger on 9/12/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

Clearinghouse
61

PRELIMINARY INJUNCTION ORDER: The plaintiffs' Motion for Preliminary Injunction (Docket No. 54) is hereby GRANTED. The court finds that the plaintiffs have demonstrated a strong likelihood of success on the merits, that they would suffer irreparable harm if the injunction is not granted, and that the public interest strongly favors granting the injunction. The defendants are therefore ORDERED not to take any steps to implement, enforce, conduct investigations pursuant to, or assist in any prosecution under Tenn. Code Ann. § 2-2-142(a)(b) or (e)(g), Tenn. Code Ann. § 2-2-143, or Tenn. Code Ann. § 2-19-145. Nothing in this Order should be construed to limit any official's authority to enforce any other provisions of the state's election code, regardless of whether the activity to which the code is being applied would also constitute a violation of any of the enjoined provisions. Signed by District Judge Aleta A. Trauger on 9/12/2019. (ds) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

Clearinghouse
62

ANSWER to 37 Amended Complaint, by Donna Barrett, Judy Blackburn, Greg Duckett, Mark Goins, Tre Hargett, Mike McDonald, Herbert H. Slatery, III, State Election Commission, The, Jimmy Wallace, Tom Wheeler, Kent Younce.(Rieger, Alexander) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

Clearinghouse

Annotation - Bar Status

Oct. 9, 2019

Oct. 9, 2019

PACER

TN State Bar status verified as active for Alexander Stuart Rieger. (dt)

Oct. 9, 2019

Oct. 9, 2019

PACER
63

ORDER: Initial Case Management Conference set for 11/4/2019 at 3:00 PM in Chambers 825 before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 10/16/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

RECAP
64

NOTICE of Appearance by Andrew B. Campbell on behalf of All Defendants (Campbell, Andrew) (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

PACER
65

PROPOSED CASE MANAGEMENT ORDER Joint Proposed Case Management Order filed by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote. (Lee, Theresa) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

Clearinghouse
66

MOTION for attorney Cecilia L. Aguilera to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3022864) by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote. (Attachments: # 1 Attachment Declaration of Cecilia L. Aguilera, # 2 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
67

PROPOSED CASE MANAGEMENT ORDER Joint Proposed Case Management Order filed by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote. (Lee, Theresa) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER

Annotation - Bar Status

Nov. 1, 2019

Nov. 1, 2019

PACER

DC State Bar status verified as active for Cecilia L. Aguilera. (dt)

Nov. 1, 2019

Nov. 1, 2019

PACER
68

ORDER granting 66 Motion for Cecilia L. Aguilera to Appear Pro Hac Vice. Signed by Kirk L. Davies on 11/4/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER

Case Management Conference

Nov. 4, 2019

Nov. 4, 2019

PACER

Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 11/4/2019. Joint mediation report due 7/1/20. (Hearing lasted :10)(kb)

Nov. 4, 2019

Nov. 4, 2019

PACER
69

JOINT INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 12/4/2019. Discovery due by 4/20/2020. Dispositive Motions due by 9/22/2020. Signed by District Judge Aleta A. Trauger on 11/4/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 11/5/2019 (dt). (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

Clearinghouse
70

ORDER: These cases are CONSOLIDATED for all purposes, including trial. Separate dispositive motion briefing will take place, despite the consolidation. All filings shall be made, pursuant to this court's standard practice, under the earlier case number, 3:19-cv-365. Signed by District Judge Aleta A. Trauger on 11/4/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 11/5/2019 (dt). (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

Clearinghouse
71

Consent MOTION for Leave to Leave to File Second Amended Complaint by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote. (Attachments: # 1 Exhibit A: Proposed Second Amended Complaint)(Lee, Theresa) (Entered: 12/04/2019)

1 Exhibit A: Proposed Second Amended Complaint

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Dec. 4, 2019

Dec. 4, 2019

PACER

NOTICE TO FILER re DE# 71 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (dt)

Dec. 5, 2019

Dec. 5, 2019

PACER
72

CERTIFICATE OF SERVICE filed by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote re 71 Consent MOTION for Leave to Leave to File Second Amended Complaint filed by Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote, HeadCount, American Muslim Advisory Council, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund. (Lee, Theresa) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER
73

ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE Signed by District Judge Aleta A. Trauger on 10/26/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/27/2020)

Oct. 26, 2020

Oct. 26, 2020

Clearinghouse
74

NOTICE of Appearance by Stella Yarbrough on behalf of All Plaintiffs (Yarbrough, Stella) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
75

NOTICE by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote of Withdrawal of Counsel (Castelli, Thomas) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER

TN State Bar status verified as active for Stella Yarbrough admitted to this court. (bs)

Feb. 2, 2022

Feb. 2, 2022

PACER
76

NOTICE by American Muslim Advisory Council, HeadCount, League of Women Voters of Tennessee, League of Women Voters of Tennessee Education Fund, Memphis Central Labor Council, Mid-South Peace & Justice Center, Rock the Vote, Spread the Vote of Withdrawal As Counsel (Aguilera, Cecilia) (Entered: 01/30/2023)

Jan. 30, 2023

Jan. 30, 2023

PACER

***Cecilia L. Aguilera submitted NOTICE of Withdrawal as Counsel. See NOTICE 76 .*** (mg)

Feb. 2, 2023

Feb. 2, 2023

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 9, 2019

Closing Date: Oct. 26, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

League of Women Voters of Tennessee; Mid-South Peace & Justice Center; League of Women Voters of Tennessee Education Fund; Rock the Vote, Spread the Vote; American Muslim Advisory Council; Memphis Central Labor Council; and Headcount.

Plaintiff Type(s):

Non-profit religious organization

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Tre Hargett, State

Mark Goins, State

Herbert H. Slatery III, State

Tennessee State Election Commission, State

Donna Barrett, State

Judy Blackburn, State

Greg Duckett, State

Mike McDonald, State

Jimmy Wallace, State

Tom Wheeler, State

Kent Younce, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2019 - 2020

Issues

Discrimination Area:

Disparate Impact

Voting:

Voter registration rules

Voting: General & Misc.

Voting: Physical/Effective Access