Case: Arizona Green Party v. Reagan

2:16-cv-02027 | U.S. District Court for the District of Arizona

Filed Date: June 22, 2016

Closed Date: July 19, 2016

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Case Summary

This is a case alleged Arizona election law violated the First and Fourteenth Amendments. Arizona law provided that nominating papers and affidavits of electors for presidential and vice-presidential elections should be filed between 90 and 120 days before the primary election date. The 90-day deadline fell on June 1, 2016. On June 1, 2016, the Arizona Secretary of State called the co-chair of the Arizona Green Party to inform him of the deadline to file the nominating papers and affidavits, b…

This is a case alleged Arizona election law violated the First and Fourteenth Amendments.

Arizona law provided that nominating papers and affidavits of electors for presidential and vice-presidential elections should be filed between 90 and 120 days before the primary election date. The 90-day deadline fell on June 1, 2016. On June 1, 2016, the Arizona Secretary of State called the co-chair of the Arizona Green Party to inform him of the deadline to file the nominating papers and affidavits, but the updated forms were not provided until June 9, 2016. The co-chair of the Arizona Green Party hand delivered the nominating papers and affidavits to the Arizona Secretary of State on June 9, 2016, but the Secretary of State informed the Arizona Green Party that it would need to go to court to require the Secretary of State to accept the papers. However, the Secretary of State never suggested that the late filing of the nomination papers would in any way prejudice the office.

On June 22, 2016, the Arizona Green Party sought injunctive relief to require the Arizona Secretary of State to accept its presidential elector nomination papers and place its presidential candidate, vice presidential candidate, and presidential electors on the general election ballot. The Plaintiff alleged that the failure to do so would deprive and severely burden the political speech and association rights of the Arizona Green Party in violation of the First and Fourteenth Amendments, without a reasonable justification for requiring such an early filing.

On July 19, 2016, the court granted a Stipulation in which the parties agreed that the acceptance of the late nomination papers would not prejudice the preparation of the 2016 general election ballot. As such, the parties agreed that the District Court could issue an injunction (i) enjoining the Secretary of State from refusing to accept the elector nomination papers and (ii) requiring the Secretary of State to include the names of the Green Party electors and presidential and vice-presidential candidates of the Green Party on the ballot for the November 8, 2016 general election.

The case is now closed.

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Summary Authors

(11/4/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4134504/parties/arizona-green-party-v-reagan/

Judge(s)

Willett, Eileen S. (Arizona)

Attorney for Plaintiff

Barnes, Robert E (Arizona)

Damron, Julia (Arizona)

Attorney for Defendant

Driscoll-MacEachron, James P (Arizona)

Judge(s)

Willett, Eileen S. (Arizona)

Attorney for Plaintiff

Barnes, Robert E (Arizona)

Damron, Julia (Arizona)

Attorney for Defendant

Driscoll-MacEachron, James P (Arizona)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:16-cv-02027	Complaint for Declaratory and Injunctive Relief	June 22, 2016	June 22, 2016 Complaint
11 2:16-cv-02027	Stipulation	July 12, 2016	July 12, 2016 Settlement Agreement
17 2:16-cv-02027	Order	July 19, 2016	July 19, 2016 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4134504/arizona-green-party-v-reagan/

Last updated Aug. 8, 2025, 7:16 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-13100889 filed by Jill Stein, Arizona Green Party, Angel Torres and Linda Macias. (submitted by Robert Barnes) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet) (ATD) (Entered: 06/23/2016) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Civil Cover Sheet View on RECAP	June 22, 2016	June 22, 2016 Clearinghouse
2	SUMMONS Submitted by Arizona Green Party, Linda Macias, Jill Stein and Angel Torres. (submitted by Robert Barnes) (ATD) (Entered: 06/23/2016)	June 22, 2016	June 22, 2016 RECAP
3	Filing fee paid, receipt number 0970-13100889. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-16-02027-PHX-ESW. Magistrate Election form attached. (Attachments: # 1 Consent) (ATD) (Entered: 06/23/2016)	June 22, 2016	June 22, 2016 PACER
5	NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Jill Stein, Linda Macias, Arizona Green Party and Angel Torres. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. For future reference, the automated Civil Cover Sheet can be found on www.azd.uscourt.gov under the Rules, General Orders & Forms tab, under Forms. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ATD) (Entered: 06/23/2016)	June 22, 2016	June 22, 2016 PACER
4	Summons Issued as to Michele Reagan. (ATD) *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/23/2016)	June 23, 2016	June 23, 2016 PACER
6	SERVICE EXECUTED filed by Arizona Green Party, Linda Macias, Jill Stein, Angel Torres: Proof of Service re: Complaint, Summons, Civil Cover Sheet upon Michele Reagan on 6/24/16. (Barnes, Robert) (Entered: 06/24/2016)	June 24, 2016	June 24, 2016 PACER
7	MOTION for Admission Pro Hac Vice as to attorney Robert E. Barnes by Arizona Green Party, Linda Macias, Jill Stein, Angel Torres. (Attachments: # 1 Certificate of Good Standing)(Barnes, Robert) (Entered: 07/01/2016)	July 1, 2016	July 1, 2016 PACER
8	MOTION for Admission Pro Hac Vice as to attorney Julia Damron on behalf of plaintiffs Arizona Green Party, Linda Macias, Jill Stein, and Angel Torres. (BAS) (Entered: 07/08/2016)	July 8, 2016	July 8, 2016 PACER
	PRO HAC VICE FEE PAID. $ 35, receipt number PHX173828 as to Julia Damron. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	July 8, 2016	July 8, 2016 PACER
9	ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/08/2016)	July 8, 2016	July 8, 2016 PACER
	PRO HAC VICE FEE PAID. $ 35, receipt number PHX173874 as to Robert E Barnes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	July 12, 2016	July 12, 2016 PACER
10	ORDER pursuant to General Order 09-08 granting 7 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/12/2016)	July 12, 2016	July 12, 2016 PACER
11	STIPULATION by Arizona Green Party, Linda Macias, Jill Stein, Angel Torres. (Attachments: # 1 Text of Proposed Order)(Damron, Julia) (Entered: 07/12/2016) 1 Text of Proposed Order View on PACER	July 12, 2016	July 12, 2016 Clearinghouse
12	Magistrate Election Form Deadline set as to Michele Reagan. (Attachments: # 1 Consent Form)(MAP) (Entered: 07/14/2016)	July 12, 2016	July 12, 2016 PACER
13	Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 07/14/2016)	July 13, 2016	July 13, 2016 PACER
14	NOTICE of Appearance by James P Driscoll-MacEachron on behalf of Michele Reagan. (Driscoll-MacEachron, James) (Entered: 07/14/2016)	July 14, 2016	July 14, 2016 PACER
15	Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 07/15/2016)	July 14, 2016	July 14, 2016 PACER
16	Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Eileen S. Willett conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 07/15/2016)	July 15, 2016	July 15, 2016 PACER
17	ORDER granting the 11 Stipulation of the parties. The Clerk of Court is ordered to administratively close the case as the Stipulation of the parties resolves all pending issues. Each party will bear its own fees and costs. Signed by Magistrate Judge Eileen S Willett on 7/19/2016. (ATD) (Entered: 07/19/2016)	July 19, 2016	July 19, 2016 RECAP