Case: New Jersey Democratic State Committee v. New Jersey Oathkeepers

2:16-cv-08230 | U.S. District Court for the District of New Jersey

Filed Date: Nov. 4, 2016

Closed Date: Nov. 7, 2016

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Case Summary

On November 4, 2016, five days prior to the beginning of in-person election day voting in the 2016 presidential election, the New Jersey Democratic State Committee, through its private counsel, filed a lawsuit in the United States District Court for the District of New Jersey against the New Jersey Oath Keepers (the "Oath Keepers"), an unincorporated New Jersey association, alleging that the Oath Keepers intended to intimate voters, including minority voters, at polling places. The plaintiff so…

On November 4, 2016, five days prior to the beginning of in-person election day voting in the 2016 presidential election, the New Jersey Democratic State Committee, through its private counsel, filed a lawsuit in the United States District Court for the District of New Jersey against the New Jersey Oath Keepers (the "Oath Keepers"), an unincorporated New Jersey association, alleging that the Oath Keepers intended to intimate voters, including minority voters, at polling places. The plaintiff sought a preliminary injunction restricting voter-intimidation activities under Section 11(b) of the Voting Rights Act and 42 U.S.C. § 1985(3), which are both statutes with the goal of preventing voter intimidation and thereby protecting the public’s right to participate in the electoral process.  In support of its argument, the plaintiff chiefly relied on a "Call to Action" exposed by the defendant which requested that the defendant's members "prevent criminal voter intimidation on election day."

The full Call to Action was as follows: "[W]e call on you to form up incognito intelligence gathering and crime spotting teams and go out into the public on election day, dressed to blend in with the public, without any Oath Keepers hat or T shirt on, and with video, still camera, and notepad in hand, to look for and document suspected criminal vote fraud or intimidation activities, by any individuals, groups, or parties, and then report these incidents to your local police."

On November 7, 2016, Judge Jose L. Linares denied the plaintiff's request for a preliminary injunction finding that the defendant had not explained how compliance with the "Call to Action" would result in voter intimidation and that the "Call to Action" did not include any language targeting any particular group of or groups of voters.

The case was closed on November 22, 2016.

Summary Authors

Trey O'Callaghan (4/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5844742/parties/new-jersey-democratic-state-committee-v-new-jersey-oathkeepers/


Judge(s)

Linares, Jose L. (New Jersey)

Attorney for Plaintiff

PARIKH, RAJIV D. (New Jersey)

PUGACH, BRETT M. (New Jersey)

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Documents in the Clearinghouse

Document
1

2:16-cv-08230

Voter Intimidation Complaint Pursuant to the Voting Rights Act of 1965 and the Ku Klux Klan Act of 1871

New Jersey Democratic State Committee v. New Jersey Oath Keepers

Nov. 4, 2016

Nov. 4, 2016

Complaint
2-1

2:16-cv-08230

Brief in Support of Order to Show Cause for Temporary Restraints and Injunctive Relief

New Jersey Democratic State Committee v. New Jersey Oath Keepers

Nov. 4, 2016

Nov. 4, 2016

Pleading / Motion / Brief
4

2:16-cv-08230

Memorandum Opinion and Order

New Jersey Democratic State Committee v. New Jersey Oath Keepers

Nov. 7, 2016

Nov. 7, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5844742/new-jersey-democratic-state-committee-v-new-jersey-oathkeepers/

Last updated Sept. 9, 2025, 1:47 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against NEW JERSEY OATHKEEPERS ( Filing and Admin fee $ 400 receipt number 0312-7463170), filed by NEW JERSEY DEMOCRATIC STATE COMMITTEE.(PARIKH, RAJIV) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

Clearinghouse
2

Emergency MOTION for Temporary Restraining Order and Preliminary Injunctive Relief by NEW JERSEY DEMOCRATIC STATE COMMITTEE. (Attachments: # 1 Brief in Support of Order To Show Cause, # 2 Certification of Barbara Ball, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K)(PARIKH, RAJIV) (Entered: 11/04/2016)

1 Brief in Support of Order To Show Cause

View on RECAP

2 Certification of Barbara Ball

View on RECAP

3 Exhibit A

View on PACER

4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

View on PACER

8 Exhibit F

View on PACER

9 Exhibit G

View on PACER

10 Exhibit H

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11 Exhibit I

View on PACER

12 Exhibit J

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13 Exhibit K

View on PACER

Nov. 4, 2016

Nov. 4, 2016

Clearinghouse

Add and Terminate Judges

Nov. 4, 2016

Nov. 4, 2016

PACER

Judge Jose L. Linares and Magistrate Judge Joseph A. Dickson added. (eu, )

Nov. 4, 2016

Nov. 4, 2016

PACER
3

SUMMONS ISSUED as to NEW JERSEY OATHKEEPERS Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *LEROY DUNBAR* (ld, ) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

Clearinghouse
4

MEMORANDUM OPINION/ORDER denying 2 Motion for TRO. Signed by Judge Jose L. Linares on 11/7/16. (DD, )

Nov. 7, 2016

Nov. 7, 2016

Clearinghouse

Set/Reset Motion and R&R Deadlines/Hearings

Nov. 7, 2016

Nov. 7, 2016

PACER

Set Deadlines as to 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunctive Relief. Motion set for 12/5/2016 before Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (seb)

Nov. 7, 2016

Nov. 7, 2016

PACER
5

ORDER, that the Clerk of Court is hereby directed to CLOSE this matter.. Signed by Judge Jose L. Linares on 11/22/2016. (JB, ) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 4, 2016

Closing Date: Nov. 7, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New Jersey Democratic State Committee

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

NEW JERSEY OATH KEEPERS, an unincorporated New Jersey association, Private Entity/Person

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

42 U.S.C. § 1985

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: $0

Issues

Voting:

Voting: General & Misc.