Case: Project Vote Incorporated v. Reagan

2:16-cv-01253 | U.S. District Court for the District of Arizona

Filed Date: April 27, 2016

Closed Date: Aug. 7, 2017

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Case Summary

This is a case about access to public election records in Arizona. On April 27, 2016, a national non-profit voting rights organization called Project Vote, Inc. filed the lawsuit in the U.S. District Court for the District of Arizona. The defendants were sued in their official capacity as the Secretary of State of the State of Arizona, the County Recorder of Maricopa County, and the County Recorder of Pima County. The judge was District Judge Douglas L. Rayes. The plaintiff was represented by p…

This is a case about access to public election records in Arizona.

On April 27, 2016, a national non-profit voting rights organization called Project Vote, Inc. filed the lawsuit in the U.S. District Court for the District of Arizona. The defendants were sued in their official capacity as the Secretary of State of the State of Arizona, the County Recorder of Maricopa County, and the County Recorder of Pima County. The judge was District Judge Douglas L. Rayes. The plaintiff was represented by private legal counsel. The plaintiff claimed that Arizona was charging excessive, discriminatory and illegal fees for access to public election records and was limiting access to those records, in violation of its legal obligations. The plaintiff sought declaratory and injunctive relief under 52 U.S.C. §§ 20501 and 42 U.S.C. § 1983. Specifically, the plaintiff sought a declaration that Arizona must make all of its voter registration records publicly available for inspection and provide the plaintiff with electronic copies of Arizona’s computerized voter registration records at a reasonable cost.

On February 28, 2017, the parties provided notice to the Court that they had engaged in good faith settlement discussions. On March 17, 2017, the plaintiff submitted a motion to voluntarily dismiss the action without prejudice as to one of the defendants, the County Recorder of Maricopa County, with which the plaintiff had entered into a settlement agreement on March 14, 2017. Pursuant to the settlement agreement, the defendant agreed to make certain voter records available to the plaintiff and to maximum fees for the provision of such records, and each of the parties agreed to bear its own attorney's fees and costs. On March 28, 2017, the defendant Arizona Secretary of State submitted a motion for an Order to enjoin a provision of the settlement agreement until it was amended to require the redaction of identifying information relating to a category of protected voters. On March 30, 2017, the plaintiff and the defendant County Recorder of Maricopa Count submitted a joint notice that they had entered into an amended settlement agreement addressing the Arizona Secretary of State's demands on March 30, 2017. On April 12, 2017, the Court granted the plaintiff's motion to dismiss the plaintiff's claims against the defendant County Recorder of Maricopa County without prejudice.

The plaintiff ceased operations on May 31, 2017.

On July 6, 2017, the plaintiff submitted a motion to voluntarily dismiss the action as to the remaining two defendants, the Arizona Secretary of State and the County Recorder of Pima County. In support of its motion, the plaintiff stated that the State of Arizona had passed new legislation in response to the litigation, effective on March 31, 2017, significantly lowering fees to obtain voter registration data. The plaintiff also stated that it had entered into a settlement agreement with the defendant Arizona Secretary of State on June 23, 2017, fully resolving the plaintiff's claims against that defendant in the litigation. Furthermore, the plaintiff stated that it had suspended its operations, and did not intend to further
prosecute the action. On August 7, 2017, the Court granted the plaintiff's motion for voluntary dismissal of the action.

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Summary Authors

Georgia Powell (9/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6085622/parties/project-vote-incorporated-v-reagan/

Judge(s)

Rayes, Douglas Leroy (Arizona)

Judge(s)

Rayes, Douglas Leroy (Arizona)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:16-cv-01253	Complaint for Declaratory and Injunctive Relief Project Vote, Inc. v Reagan	April 27, 2016	April 27, 2016 Complaint
66 2:16-cv-01253	Notice of Good Faith Settlement Discussions Project Vote, Inc. v Reagan	Feb. 28, 2017	Feb. 28, 2017 Other
71-1 2:16-cv-01253	Settlement Agreement Project Vote, Inc. v Reagan	March 17, 2017	March 17, 2017 Settlement Agreement
71 2:16-cv-01253	Motion for Voluntary Dismissal of a Defendant Without Prejudice Project Vote, Inc. v Reagan	March 17, 2017	March 17, 2017 Pleading / Motion / Brief
71-2 2:16-cv-01253	Exhibit to Motion for Voluntary Dismissal of a Defendant Without Prejudice Project Vote, Inc. v Reagan	March 17, 2017	March 17, 2017 Other
73 2:16-cv-01253	Secretary of State's Motion for an Order enjoining Paragraph 3 of the Settlement Agreement between Project Vote and Maricopa County, (Doc. 71.1), as applied to voters whose addresses are protected by State law. Project Vote, Inc. v Reagan	March 28, 2017	March 28, 2017 Pleading / Motion / Brief
75 2:16-cv-01253	Joint Notice of Amended Settlement Agreement in response to Secretary's Non-Opposition Project Vote, Inc. v Reagan	March 30, 2017	March 30, 2017 Pleading / Motion / Brief
75-1 2:16-cv-01253	Amended Settlement Agreement Project Vote, Inc. v Reagan	March 30, 2017	March 30, 2017 Settlement Agreement
81 2:16-cv-01253	Order granting the Plaintiff's Motion for Voluntary Dismissal of a Defendant Without Prejudice Project Vote, Inc. v Reagan	April 12, 2017	April 12, 2017 Order/Opinion
83 2:16-cv-01253	Motion for Voluntary Dismissal Project Vote, Inc. v Reagan	July 6, 2017	July 6, 2017 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6085622/project-vote-incorporated-v-reagan/

Last updated Aug. 8, 2025, 7:15 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-12901263 filed by Project Vote Incorporated. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (submitted by Cynthia Ricketts)(KMG) (Entered: 04/28/2016) 1 Exhibit View on PACER 2 Civil Cover Sheet View on PACER	April 27, 2016	April 27, 2016 Clearinghouse
54	NOTICE of Service of Discovery re: Response to Plaintiff's Requests for Production by F Ann Rodriguez . (Jurkowitz, Daniel) Modified to correct event type on 1/6/2017 (KGM). (Entered: 01/05/2017)	Jan. 5, 2017	Jan. 5, 2017 PACER
55	NOTICE of Service of Discovery filed by Helen Purcell. (Connor, M) (Entered: 01/18/2017)	Jan. 18, 2017	Jan. 18, 2017 PACER
56	NOTICE of Attorney Withdrawal Ian B. Brooks filed by Allison Leigh Kierman. (Kierman, Allison) (Entered: 02/07/2017)	Feb. 7, 2017	Feb. 7, 2017 PACER
57	NOTICE re: Substitution of Defendant by Helen Purcell . (Connor, M) (Entered: 02/08/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
58	MOTION for Admission Pro Hac Vice as to attorney Emerson A Siegle on behalf of Project Vote Incorporated. (BAS) (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 PACER
59	MOTION for Admission Pro Hac Vice as to attorney David E Rhinesmith on behalf of Project Vote Incorporated. (BAS) (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 PACER
60	ORDER pursuant to General Order 09-08 granting 58 Motion for Admission Pro Hac Vice; granting 59 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: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 PACER
61	MINUTE ORDER: Counsel having contacted Chambers, IT IS ORDERED, setting a pre settlement conference call for 2/16/2017 at 10:30 AM (AZ time) before Magistrate Judge Bridget S. Bade. Counsel for the Plaintiff shall arrange a conference call joining the parties on one line prior to calling the judge's chambers. No cellphones will be permitted for this call. Land lines only. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BSB, ew) (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 PACER
62	NOTICE of Appearance by Joseph Eugene LaRue on behalf of Michele Reagan. (LaRue, Joseph) (Entered: 02/15/2017)	Feb. 15, 2017	Feb. 15, 2017 PACER
63	MINUTE ORDER: Telephonic Discovery Hearing re: scheduled deposition set for 2/22/2017 at 01:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Counsel for plaintiff is responsible for making the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 02/22/2017)	Feb. 22, 2017	Feb. 22, 2017 PACER
64	MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 2/22/2017. After hearing from the parties, the Court finds that responses to the 2 questions at issue would be of some value to understand how the database works and what information they are able to produce. The Court will allow the discovery under the 30(b)(6) deposition of those 2 areas and the questions may be asked. APPEARANCES: Telephonic appearance by David Rhinesmith, Allison Kierman, and Emerson Siegle for Plaintiff. Telephonic appearance by Joseph LaRue and Kara Karlson for Defendant Michele Reagan. Telephonic appearance by Colleen Connor for Defendant Adrian Fontes. Telephonic appearance by Daniel Jurkowitz and Karen Friar for Defendant F Ann Rodriguez. (Court Reporter Jennifer Pancratz.) Hearing held 1:36 PM to 1:56 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 02/22/2017)	Feb. 22, 2017	Feb. 22, 2017 PACER
65	The parties having contacted Chambers to inform the Court a settlement conference at this time would be futile, IT IS ORDERED the Settlement Conference, presently set for 2/28/2017 at 9:30 a.m. before Magistrate Judge Bridget S. Bade is VACATED. Should the parties decide to pursue a settlement conference at a later date and time, they may contact Chambers to reset. Ordered by Magistrate Judge Bridget S. Bade. (BSB, ew)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 02/23/2017)	Feb. 23, 2017	Feb. 23, 2017 PACER
66	NOTICE re: Good Faith Settlement Discussions by Project Vote Incorporated re: 52 Order on Stipulation . (Kierman, Allison) (Entered: 02/28/2017)	Feb. 28, 2017	Feb. 28, 2017 Clearinghouse
67	MOTION for Admission Pro Hac Vice as to attorney Michelle E Kanter Cohen on behalf of Project Vote Incorporated. (BAS) (Entered: 03/15/2017)	March 13, 2017	March 13, 2017 PACER
68	ORDER pursuant to General Order 09-08 granting 67 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: 03/15/2017)	March 15, 2017	March 15, 2017 PACER
69	NOTICE of Appearance by Amanda Fay Jenkins on behalf of Project Vote Incorporated. (Jenkins, Amanda) Document filed is a Notice of Attorney's Change of Address/Firm Name, not a Notice of Appearance. Attorney notified on 3/20/2017 (KGM). (Entered: 03/17/2017)	March 17, 2017	March 17, 2017 PACER
70	NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Amanda Fay Jenkins. (Jenkins, Amanda) (Entered: 03/17/2017)	March 17, 2017	March 17, 2017 PACER
71	MOTION to Dismiss Party Adrian Fontes, in his official capacity as County Recorder of Maricopa County by Project Vote Incorporated. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Jenkins, Amanda) (Entered: 03/17/2017) 1 Exhibit 1 View on RECAP 2 Text of Proposed Order View on RECAP	March 17, 2017	March 17, 2017 Clearinghouse
72	NOTICE re: Non-Opposition to Motion by Michele Reagan . (Attachments: # 1 Exhibit Karlson Declaration)(Karlson, Kara) (Entered: 03/28/2017)	March 28, 2017	March 28, 2017 PACER
73	RESPONSE in Opposition to 71 Motion to Dismiss Party by Michele Reagan. (Attachments: # 1 Exhibit Spencer Declaration, # 2 Exhibit McIntire Declaration, # 3 Text of Proposed Order Order Enjoining)(Karlson, Kara) Modified to correct event type on 4/4/2017 (KGM). (Entered: 03/28/2017) 1 Exhibit Spencer Declaration View on RECAP 2 Exhibit McIntire Declaration View on RECAP 3 Text of Proposed Order Order Enjoining View on RECAP	March 28, 2017	March 28, 2017 Clearinghouse
74	MINUTE ORDER: A Telephone Conference regarding Docs. 71, 72, and 73 is set for 3/30/2017 at 02:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Plaintiff is directed to initiate the call. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) (Entered: 03/29/2017)	March 29, 2017	March 29, 2017 PACER
75	NOTICE re: Amended Settlement Agreement in Response to Secretary's Non-Opposition by Project Vote Incorporated re: 73 MOTION for Preliminary Injunction Enjoining Paragraph 3 of Settlement Agreement . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Jenkins, Amanda) (Entered: 03/30/2017) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP	March 30, 2017	March 30, 2017 Clearinghouse
76	MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephone Conference held on 3/30/2017. The parties are advised that the Court construes the Motion for Preliminary Injunction (Doc. 73 ) as a response in opposition to the Motion for voluntary dismissal of defendant (Doc. 71 ) and will take no action on it until the parties confer. Further discussion held regarding settlement discussions. IT IS FURTHER ORDERED that the parties confer about the dismissal of Maricopa County and the terms of the settlement agreement before filing an objection. APPEARANCES: Telephonic appearance by David Rhinesmith, Emerson Siegle, Michelle Cohen, and Allison Kierman for Plaintiff. Telephonic appearance by Kara Karlson and Joseph LaRue for Defendant Michele Reagan. Telephonic appearance by Daniel Jurkowitz and Karen Friar for Defendant F. Ann Rodriguez. Telephonic appearance by Colleen Connor for Defendant Adrian Fontes. (Court Reporter Liz Lemke.) Hearing held 2:04 PM to 2:14 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 03/30/2017)	March 30, 2017	March 30, 2017 PACER
77	TRANSCRIPT REQUEST by Adrian Fontes for proceedings held on 03/30/2017, Judge Douglas L Rayes hearing judge(s). (Connor, M) (Entered: 03/31/2017)	March 31, 2017	March 31, 2017 PACER
78	NOTICE re: Non-Opposition to Dismissal of Maricopa County by Michele Reagan . (Karlson, Kara) (Entered: 04/03/2017)	April 3, 2017	April 3, 2017 PACER
79	NOTICE of Service of Discovery filed by F Ann Rodriguez. (Jurkowitz, Daniel) (Entered: 04/03/2017)	April 3, 2017	April 3, 2017 PACER
80	NOTICE of Service of Discovery filed by F Ann Rodriguez. (Jurkowitz, Daniel) (Entered: 04/04/2017)	April 4, 2017	April 4, 2017 PACER
81	ORDER granting 71 Motion for Voluntary Dismissal of a Defendant Without Prejudice. Defendant Adrian Fontes (in his official capacity as County Recorder of Maricopa County) terminated. Signed by Judge Douglas L Rayes on 4/11/2017. (MMO) (Entered: 04/12/2017)	April 12, 2017	April 12, 2017 Clearinghouse
82	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC HEARING proceedings held on 03/30/2017, before Judge Douglas L. Rayes. (Court Reporter: Elizabeth A. Lemke). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/9/2017. Redacted Transcript Deadline set for 5/19/2017. Release of Transcript Restriction set for 7/17/2017. (RAP) (Entered: 04/19/2017)	April 18, 2017	April 18, 2017 PACER
83	MOTION to Dismiss Case by Project Vote Incorporated. (Attachments: # 1 Exhibit Settlement Agreement)(Ricketts, Cynthia) (Entered: 07/06/2017) 1 Exhibit Settlement Agreement View on RECAP	July 6, 2017	July 6, 2017 Clearinghouse
84	ORDER - IT IS ORDERED that the 83 motion to dismiss this Action is GRANTED. IT IS FURTHER ORDER vacating any pending motions and any pending hearings. Signed by Judge Douglas L Rayes on 8/7/17. (LAD) (Entered: 08/07/2017)	Aug. 7, 2017	Aug. 7, 2017 Clearinghouse