Case: Pennsylvania Democratic Party v. Republican Party of Pennsylvania
2:16-cv-05664 | U.S. District Court for the Eastern District of Pennsylvania
Filed Date: Oct. 30, 2016
Closed Date: Nov. 9, 2016
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Case Summary
This is a voter intimidation case in which the Pennsylvania Democratic Party filed a lawsuit to enjoin the Pennsylvania Republican Party, Donald J. Trump for President, Inc., Roger J. Stone, and Stop the Steal, Inc. from conspiring to suppress minority voting during the November 8, 2016 general election.
On October 30, 2016, the Pennsylvania Democratic Party filed this lawsuit in the United States District Court for the Eastern District of Pennsylvania. The Plaintiff sued the Pennsylvania Republican Party, Donald J. Trump for President, Inc., Roger J. Stone, and Stop the Steal, Inc. alleging imminent voter intimidation in violation of the Voting Rights Act of 1965 (52 U.S.C. § 10301 et seq.) and the Civil Rights Act of 1871 (42 U.S.C. § 1985(3)). Represented by private counsel, Plaintiffs sought declaratory and immediate injunctive relief, including declaring that Defendants’ “exit polling” and “citizen journalist” initiatives were contrary to law, and restraining Defendants from blocking the entrance to the polling place, asking voters for documentation when none was required, disrupting voting lines, disseminating false or misleading election information, photographing or videotaping voters, any ostentatious showing of weapons at a polling place, verbal or physical confrontation of voters by persons dressed in official-looking uniforms or violence or using the threat of violence to interfere with a person’s right to vote, with such sought injunction requested to be effective immediately through the general elections of November 8, 2016. The case was assigned to Judge Paul S. Diamond.
On November 4 and November 6, 2016, the Defendants filed a series of responses to Plaintiff’s motion for a temporary restraining order, arguing that the claims asserted in Plaintiff’s motion are baseless, unsubstantiated, conspiracy-theory notions of voter intimidation, noting that such motion was filed ten days before the general election. Defendant further argued that federal courts typically do not issue “obey-the-law” injunctions absent compelling evidence that the law will not otherwise be followed, citing Belitskus v. Pizzingrilli, 343 F.3d 632, 650 (3d Cir. 2003). Last, Defendants argued that First Amendment free speech rights of Defendants would be violated if the Court were to agree to issue injunctive relief.
On November 6, 2016, the Defendants filed an objection and a Motion to Quash Subpoena, and a Motion for a Protective Order, arguing that Plaintiff’s subpoena served to the personal residence of the Chairman of the Republican Party of Pennsylvania to appear in court the next day was in violation of Federal Rules of Civil Procedure, subjecting the Chairman to undue burden to travel to appear in court the day before the election.
That same day, Defendants filed a motion to dismiss the Plaintiff’s compliant with prejudice on the ground of failure to state a claim or support its claim that Defendants’ actions violated the Voting Rights Act of 1965 and the Civil Rights Act of 1871.
Plaintiff objected to Defendants’ objection and Motion to Quash, noting that the Chairman of the Republican Party of Pennsylvania was on notice for a week that he was pivotal to the complaint and was notified more than 24 hours before the requested court appearance of his need to be present in court on November 7, 2016.
On November 7, 2016, the Court issued a Memorandum, denying Plaintiff’s motion for injunctive relief, concluding that the Plaintiff had not made the required “clear showing” of entitlement to seek such relief. The Court cited lawsuits filed in other states and the courts in those other jurisdictions denying similar motions for injunctive relief. The Court also referred to Plaintiff’s delay following the filing of its Complaint to file the emergency motion for injunctive relief until two business days before the general election, and failed to seek expedited discovery with the election looming. The Court’s memorandum also indicated a reluctance to restrict Defendant’s Election Day speech and conduct based on Plaintiff’s evidence which consisted mostly of media reports. Last, the Court concluded that Plaintiff failed to show that any Defendant engaged or will engage in voter intimidation in the district in which the Court presides. The Court issued an Order that same day denying the Plaintiff’s Motion for a Temporary Restraining Order and also further dismissing the Defendant’s Motion to Dismiss without prejudice.
Two days later on November 9, 2016 (one day following the general election), Plaintiff voluntarily dismissed its Complaint. The case is closed.
Summary Authors
(5/27/2024)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4528227/parties/pennsylvania-democratic-party-v-donald-j-trump-for-president-inc/
ARONCHICK, MARK A. (Pennsylvania)
BANKS, MATTHEW BINGHAM (Pennsylvania)
BARTON, THOMAS JOSEPH (Pennsylvania)
BAXTER, ASHLEY (Pennsylvania)
BONIN, ADAM C. (Pennsylvania)
ARONCHICK, MARK A. (Pennsylvania)
BANKS, MATTHEW BINGHAM (Pennsylvania)
BARTON, THOMAS JOSEPH (Pennsylvania)
CARSON, TESSA M. (Pennsylvania)
CHRISTMAN, JONATHAN DAVID (Pennsylvania)
DOUGHERTY, COLIN DAVID (Pennsylvania)
GOTTLIEB, MICHAEL JULIAN (Pennsylvania)
HAFERTEPE, CONOR J. (Pennsylvania)
MCALEER, LINDSAY J. (Pennsylvania)
SMALLS, DAWN L. (Pennsylvania)
SZYMANSKI, THOMAS J. (Pennsylvania)
TABAS, LAWRENCE J. (Pennsylvania)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/4528227/pennsylvania-democratic-party-v-donald-j-trump-for-president-inc/
Last updated June 29, 2026, 5:21 a.m.
Docket for: PENNSYLVANIA DEMOCRATIC PARTY v. DONALD J. TRUMP FOR PRESIDENT, INC.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Oct. 30, 2016
Closing Date: Nov. 9, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Pennsylvania Democratic Party
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Private Entity/Person
Donald J. Trump for President, Inc.
Roger J. Stone, Jr.
Stop the Steal Inc.
State
Republican Party of Pennsylvania
Facility Type(s):
Case Details
Causes of Action:
Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)
Other Dockets:
Eastern District of Pennsylvania 2:16-cv-05664
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Discrimination Basis:
Affected Race(s):
Voting:
Case Summary of Pennsylvania Democratic Party v. Republican Party of Pennsylvania, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/44948/ (last updated 5/27/2024).