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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15421340/parties/league-of-women-voters-of-tennessee-v-hargett/

Judge(s)

Attorney for Plaintiff

Aguilera, Cecilia L. (Tennessee)

Brannon, Sarah (Tennessee)

Branstetter, C. Dewey (Tennessee)

Branstetter, Hunter C. (Tennessee)

Attorney for Defendant

Campbell, Andrew B. (Tennessee)

Judge(s)

Trauger, Aleta Arthur (Tennessee)

Attorney for Plaintiff

Aguilera, Cecilia L. (Tennessee)

Brannon, Sarah (Tennessee)

Branstetter, C. Dewey (Tennessee)

Branstetter, Hunter C. (Tennessee)

Castelli, Thomas H. (Tennessee)

Cohen, Michelle Kanter (Tennessee)

Danahy, Molly (Tennessee)

Floyd, Amanda S. (Tennessee)

Harbison, William L. (Tennessee)

Ho, Dale E. (Tennessee)

Lakin, Sophia Lin (Tennessee)

Lang, Danielle Marie (Tennessee)

Lee, Theresa J. (Tennessee)

Mittal, Urja (Tennessee)

Rosborough, Davin (Tennessee)

Sherman, Jon (Tennessee)

Yarbrough, Stella (Tennessee)

Attorney for Defendant

Campbell, Andrew B. (Tennessee)

Groover, Kelley L. (Tennessee)

Rieger, Alexander Stuart (Tennessee)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

show / hide documents

Docket

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

Last updated Aug. 31, 2026, 4:39 a.m.

Docket for: League of Women Voters of Tennessee v. Hargett

ECF Number	Date	Description	Link
1	May 9, 2019	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	Clearinghouse
2	May 9, 2019	NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) (Entered: 05/09/2019)	RECAP
3	May 9, 2019	NOTICE of Business Entity Disclosure Statement filing requirement. (dt) (Entered: 05/09/2019)	RECAP
4	May 9, 2019	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)	RECAP
5	May 9, 2019	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)	RECAP
	May 9, 2019	Annotation - Bar Status
	May 9, 2019	Annotation - PHV
	May 9, 2019	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	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 10, 2019	Annotation - Bar Status
	May 10, 2019	CA State Bar status verified as active for Urja Mittal. (dt)
6	May 16, 2019	BUSINESS ENTITY DISCLOSURE STATEMENT filed by American Muslim Advisory Council. (Castelli, Thomas) (Entered: 05/16/2019)	RECAP
7	May 16, 2019	BUSINESS ENTITY DISCLOSURE STATEMENT filed by League of Women Voters of Tennessee. (Castelli, Thomas) (Entered: 05/16/2019)	RECAP
8	May 16, 2019	BUSINESS ENTITY DISCLOSURE STATEMENT filed by League of Women Voters of Tennessee Education Fund. (Castelli, Thomas) (Entered: 05/16/2019)	RECAP
9	May 16, 2019	BUSINESS ENTITY DISCLOSURE STATEMENT filed by Mid-South Peace & Justice Center. (Castelli, Thomas) (Entered: 05/16/2019)	RECAP
10	May 16, 2019	BUSINESS ENTITY DISCLOSURE STATEMENT filed by Rock the Vote. (Castelli, Thomas) (Entered: 05/16/2019)	RECAP
11	May 16, 2019	BUSINESS ENTITY DISCLOSURE STATEMENT filed by Spread the Vote. (Castelli, Thomas) (Entered: 05/16/2019)	RECAP
12	May 16, 2019	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)	RECAP
13	May 16, 2019	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)	RECAP
14	May 16, 2019	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)	RECAP
15	May 16, 2019	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)	RECAP
16	May 16, 2019	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)	RECAP
17	May 16, 2019	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)	RECAP
18	May 16, 2019	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)	RECAP
19	May 16, 2019	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)	RECAP
20	May 16, 2019	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)	RECAP
21	May 16, 2019	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)	RECAP
22	May 16, 2019	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)	RECAP
23	May 30, 2019	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)	RECAP
24	May 30, 2019	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)	RECAP
25	May 30, 2019	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)	RECAP
26	May 30, 2019	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)	RECAP
27	May 30, 2019	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)	RECAP
28	May 30, 2019	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)	RECAP
29	May 30, 2019	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)	RECAP
30	May 30, 2019	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)	RECAP
31	May 30, 2019	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)	RECAP
32	June 3, 2019	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)	RECAP
33	June 6, 2019	(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)	RECAP
34	June 6, 2019	(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)	RECAP
35	June 7, 2019	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)	Clearinghouse
36	June 7, 2019	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)	Clearinghouse
	June 7, 2019	Dismiss/Lack of Jurisdiction
	June 7, 2019	Dismiss for Failure to State a Claim
37	June 21, 2019	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)	Clearinghouse
38	June 24, 2019	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)	Clearinghouse
39	July 5, 2019	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)	Clearinghouse
40	July 5, 2019	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)	Clearinghouse
41	July 8, 2019	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)	Clearinghouse
42	July 17, 2019	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)	RECAP
43	July 17, 2019	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)	RECAP
44	July 19, 2019	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)	Clearinghouse
45	July 25, 2019	NOTICE of Appearance by Kelley L. Groover on behalf of All Defendants (Groover, Kelley) (Entered: 07/25/2019)	RECAP
46	July 26, 2019	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)	Clearinghouse
47	July 31, 2019	BUSINESS ENTITY DISCLOSURE STATEMENT filed by HeadCount. (Castelli, Thomas) (Entered: 07/31/2019)	RECAP
48	July 31, 2019	BUSINESS ENTITY DISCLOSURE STATEMENT filed by Memphis Central Labor Council. (Castelli, Thomas) (Entered: 07/31/2019)	RECAP
49	Aug. 2, 2019	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)	RECAP
50	Aug. 2, 2019	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)	Clearinghouse
	Aug. 5, 2019	DC State Bar status verified as active for Molly Danahy. (dt)
	Aug. 5, 2019	Annotation - Bar Status
51	Aug. 6, 2019	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)	RECAP
	Aug. 6, 2019	Annotation - Bar Status
	Aug. 6, 2019	TN State Bar status verified as active for Kelley L. Groover. (dt)
52	Aug. 28, 2019	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)	RECAP
53	Aug. 29, 2019	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)	RECAP
54	Aug. 30, 2019	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	RECAP
55	Aug. 30, 2019	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)	RECAP
56	Sept. 6, 2019	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)	RECAP
57	Sept. 9, 2019	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)	Clearinghouse
58	Sept. 9, 2019	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)	Clearinghouse
59	Sept. 9, 2019	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 View on PACER 2 Exhibit Ex 2-Declaration of Donna Barrett View on PACER 3 Exhibit Ex 3-Declaration of Judy Blackburn View on PACER 4 Exhibit Ex 4-Declaration of Gregory Duckett View on PACER 5 Exhibit Ex 5-Declaration of Mike McDonald View on PACER 6 Exhibit Ex 6-Declaration of Jimmy Wallace View on PACER 7 Exhibit Ex 7-Declaration of Tom Wheeler View on PACER 8 Exhibit Ex 8-Declaration of Kent Younce View on PACER	Clearinghouse
60	Sept. 12, 2019	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)	Clearinghouse
61	Sept. 12, 2019	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)	Clearinghouse
62	Oct. 8, 2019	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)	Clearinghouse
	Oct. 9, 2019	Annotation - Bar Status
	Oct. 9, 2019	TN State Bar status verified as active for Alexander Stuart Rieger. (dt)
63	Oct. 17, 2019	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)	RECAP
64	Oct. 29, 2019	NOTICE of Appearance by Andrew B. Campbell on behalf of All Defendants (Campbell, Andrew) (Entered: 10/29/2019)	RECAP
65	Oct. 30, 2019	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)	Clearinghouse
66	Oct. 31, 2019	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)	RECAP
67	Oct. 31, 2019	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)	RECAP
	Nov. 1, 2019	Annotation - Bar Status
	Nov. 1, 2019	DC State Bar status verified as active for Cecilia L. Aguilera. (dt)
68	Nov. 4, 2019	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)	RECAP
	Nov. 4, 2019	Case Management Conference
	Nov. 4, 2019	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)
69	Nov. 5, 2019	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)	Clearinghouse
70	Nov. 5, 2019	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)	Clearinghouse
71	Dec. 4, 2019	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 View on PACER	RECAP
72	Dec. 5, 2019	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)	RECAP
	Dec. 5, 2019	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)
73	Oct. 26, 2020	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)	Clearinghouse
74	Feb. 1, 2022	NOTICE of Appearance by Stella Yarbrough on behalf of All Plaintiffs (Yarbrough, Stella) (Entered: 02/01/2022)	RECAP
75	Feb. 1, 2022	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)	RECAP
	Feb. 2, 2022	TN State Bar status verified as active for Stella Yarbrough admitted to this court. (bs)
76	Jan. 30, 2023	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)	RECAP
	Feb. 2, 2023	*Cecilia L. Aguilera submitted NOTICE of Withdrawal as Counsel. See NOTICE 76 .* (mg)

show / hide docket entries

Case Details

State / Territory:

Tennessee

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

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 NON-religious organization

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Donna Barrett

Greg Duckett

Herbert H. Slatery III

Jimmy Wallace

Judy Blackburn

Kent Younce

Mark Goins

Mike McDonald

Tennessee State Election Commission

Tom Wheeler

Tre Hargett

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

Other Dockets:

Middle District of Tennessee 3:19-cv-00385

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

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

Recommended Citation

Case Summary of League of Women Voters of Tennessee v. Hargett, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/44740/ (last updated 4/23/2024).