Case: Segovia v. Board of Election Commissioners

1:15-cv-10196 | U.S. District Court for the Northern District of Illinois

Filed Date: Nov. 10, 2015

Closed Date: March 28, 2018

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Case Summary

This case challenged the Uniformed and Overseas Citizens Absentee Voting Act, Pub. L. No. 99-410, codified as amended at 52 U.S.C. §§ 20301 to 20311 (“UOCAVA”), and the Illinois statute implementing its requirements, known as the Illinois Military and Overseas Voter Empowerment (“MOVE”) law. UOCAVA imposed a range of responsibilities on the states, including Illinois, relating to absentee voting in federal elections by uniformed service members or overseas voters. MOVE likewise addressed absentee voting for Illinois residents who lived overseas. Under UOCAVA, former Illinois residents living in Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands (USVI) were not eligible to vote by absentee ballot because they were included within the statute’s definitions of “State” and the “United States.” Under Illinois MOVE, American Samoa and the Northern Mariana Islands were not included within the definition of the “[t]erritorial limits of the United States” and thus former Illinois residents living in either American Samoa or the Northern Mariana Islands retained the right to vote by absentee ballot, although former Illinois residents living in Puerto Rico, Guam, and USVI were not afforded this right.

On November 10, 2015, a group of individuals who were former Illinois residents residing in Guam, Puerto Rico, and USVI; Iraq, Afghanistan, and Persian Gulf Veterans of the Pacific; and the League of Women Voters of the Virgin Islands filed a complaint alleging that UOCAVA and MOVE’s disparate treatment of former Illinois residents currently residing elsewhere violated the U.S. Constitution’s guarantee of equal protection under the Fourteenth and Fifth Amendments. Defendants included the Board of Election Commissioners for the City of Chicago and its Chairman, Rock Island County Clerk, the United States of America and the Secretary of Defense, the Federal Voting Assistance Program and its Director. The plaintiffs requested (1) a declaratory judgment that UOCAVA and MOVE violated the Fifth Amendment, the Fourteenth Amendment, and 42 U.S.C § 1983, (2) a preliminary and permanent order enjoining defendants, their respective agents, servants, employees, attorneys, successors, and all persons acting in concert with each or any of them, to accept applications to vote absentee in the next federal election in Illinois from individual plaintiffs, (3) attorneys’ fees and costs to which plaintiffs might be entitled by law; and (4) such other and further relief as the Court may deem just and appropriate. On December 4, 2015, the federal defendants submitted an answer to the complaint, denying the plaintiffs were entitled to the requested reliefs. On December 8, 2015, the Rock Island County Clerk defendant submitted an answer to the complaint, denying the plaintiffs were entitled to the requested reliefs.

On February 11, 2016, the federal defendants moved to dismiss plaintiff’s complaint for declaratory and injunctive relief for failure to state a claim upon which relief could be granted. The federal defendants argued (1) UOCAVA did not prohibit plaintiffs from voting for federal office via absentee ballot and it merely set the bare minimum standard that states had to comply with; (2) UOCAVA met the requirements of the equal protection and due process because (a) the standard of review was rational basis review and (b) disparate treatment between U.S. citizens who moved to a different jurisdiction within the United States and those who moved overseas resulted from Congress’ concern that most American citizens residing outside the United States, who were in the private sector, continued to be excluded from the democratic process of their own country; (3) plaintiffs failed to state a § 1983 claim against the federal defendants because they did not allege that the federal defendants acted under the color of state law vis a vis UOCAVA. On March 16, 2016, the plaintiffs filed a motion for summary judgment and opposition to federal defendants’ motion to dismiss. On April 18, 2016, the federal defendants filed a reply in support of their motion to dismiss, opposition to plaintiffs’ motion for summary judgment, and cross-motion for summary judgment.

On August 23, 2016, the court issued an order concluding that (1) plaintiffs had standing to sue because plaintiffs alleged injury were traceable to UOCAVA because (a) UOCAVA includes multiple provisions that require states to extend additional protections to UOCAVA absentee process that they might not extend to other absentee voters as a matter of state law and (b) Illinois’ ability to provide redress did not insulate the federal defendants from liability; (2) rational basis review applied in this case because, as a general proposition, U.S. citizens residing in territories had no constitutional right to vote in federal elections and the plaintiffs did not allege UOCAVA discriminated against them due to their membership in a suspect class; and (3) the challenged portions of UOCAVA satisfied that standard because (a) to support the rationality of a challenged statute, a defendant is not limited to the justifications that the legislature had in mind at the time that it passed the challenged provisions—any rational justification for the laws will overcome an equal protection challenge and (b) the historical relationship between NMI and the U.S. could have supported UOCAVA’s constitutionality under rational basis review. The court also noted that the plaintiffs’ requested relief would not result in a universally applicable rule that permits all United States citizens in Puerto Rico, Guam, and the USVI to vote in federal elections, depending on where they previously resided. And it would be rational, at least as the term is understood in the context of rational basis review, to enact a law that does not differentiate between residents living in a particular United States Territory based on whether they could previously vote in a federal election administered by a state.

On September 23, 2016, the plaintiffs filed a second motion for summary judgment, alleging exclusion of plaintiffs’ voting rights violated equal protection principles as a matter of law under any level of scrutiny, and requesting that the court grant summary judgment against the state and federal defendants on the basis that both the federal and state statutes violated the plaintiffs’ fundamental right to interstate travel, which was protected by the substantive component of due process. On October 19, 2016, the federal defendants filed a cross-motion for summary judgment. On October 28, 2016, the court issued an order concluding (1) MOVE did not violate the plaintiffs’ equal protection rights because this statute’s different treatment of former Illinois residents living in various U.S. territories is rationally related to legitimate state interests, including the synchronization of Illinois MOVE with applicable federal overseas and absentee voting laws such as the UOCAVA’s predecessor statute, the Overseas Citizens Voting Rights Act and (2) MOVE and the UOCAVA did not unconstitutionally burden their right to interstate travel because plaintiffs’ inability to vote in federal elections by absentee ballot in their respective territories stems not from a violation of their right to travel, but from the constitutional status of Puerto Rico, Guam, and the USVI. On October 28, 2016, the court entered a judgement in favor of the defendants.

On March, 20, 2018, the court entered a final judgment dismissing plaintiffs’ claims against defendants and ordering that defendants shall recover costs from plaintiffs. The case is now closed.

Summary Authors

Sebastian Miao (8/24/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4507702/parties/segovia-v-board-of-election-commissioners-for-the-city-of-chicago/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Castro, Patricia

Expert/Monitor/Master/Other

Arce, Dwyer

Buffon, Charles Edward

Eubanks, John Michael

Ference-Burke, Jonathan Robert

Judge(s)

Gottschall, Joan B. (Illinois)

Attorney for Plaintiff

Wyatt, Geoffrey M.

Attorney for Defendant

Other

Buffon, Charles Edward

Eubanks, John Michael

Ference-Burke, Jonathan Robert

Lugo-Fiol, Carlos

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:15-cv-10196	Complaint Segovia v. Board of Election Commi	Nov. 10, 2015	Nov. 10, 2015 Complaint
27 1:15-cv-10196	Answer of Board of Election Commissioners for the City of Chicago and Langdon D. Neal Segovia v. Board of Election Commi	Dec. 4, 2015	Dec. 4, 2015 Correspondence
30 1:15-cv-10196	Answer for Karen Kinney in her Official Capacity as Rock Island County Clerk Segovia v. Board of Election Commi	Dec. 8, 2015	Dec. 8, 2015 Correspondence
39 1:15-cv-10196	Federal Defendants’ Memorandum In Support Of Their Motion To Dismiss Segovia v. Board of Election Commi	Feb. 10, 2016	Feb. 10, 2016 Pleading / Motion / Brief
42 1:15-cv-10196	Federal Defendants' Motion to Dismiss for Failure to State a Claim Segovia v. Board of Election Commi	Feb. 11, 2016	Feb. 11, 2016 Pleading / Motion / Brief
47 1:15-cv-10196	Plaintiffs’ Motion For Summary Judgment And Opposition To Federal Defendants’ Motion To Dismiss	March 16, 2016	March 16, 2016 Pleading / Motion / Brief
50 1:15-cv-10196	Federal Defendants’ Reply In Support Of Their Motion To Dismiss, Opposition To Plaintiffs’ Motion For Summary Judgment And Cross-Motion For Summary Judgment Segovia v. Board of Election Commi	April 18, 2016	April 18, 2016 Correspondence
63 1:15-cv-10196	Memorandum Opinion And Order Segovia v. Board of Election Commi	Aug. 23, 2016	Aug. 23, 2016 Order/Opinion 201 F.Supp.3d 924
70 1:15-cv-10196	Plaintiffs’ Second Motion For Summary Judgment Segovia v. Board of Election Commi	Sept. 23, 2016	Sept. 23, 2016 Pleading / Motion / Brief
77 1:15-cv-10196	Federal Defendants’ Cross-Motion For Summary Judgment Segovia v. Board of Election Commi	Oct. 19, 2016	Oct. 19, 2016 Pleading / Motion / Brief

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Territorial Litigants Respond To Federal Opposition To Voting Rights Challenge Staff Consortium	As Democratic presidential primaries approach in Guam (May 7), U.S. Virgin Islands (June 4), and Puerto Rico (June 5), and as the Republican and Democratic National Conventions draw near, voting righ…	08/23/2024	Aug. 23, 2024 https://wp.viconsortium.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4507702/segovia-v-board-of-election-commissioners-for-the-city-of-chicago/

Last updated Nov. 3, 2026, 4:37 a.m.

Docket for: Segovia v. Board of Election Commissioners for the City of Chicago

ECF Number	Date	Description	Link
1	Nov. 10, 2015	COMPLAINT filed by Lavonne Wise, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, League of Women Voters of the Virgin Islands, Tomas Ares, Luis Segovia, Anthony Bunten; Filing fee $ 400, receipt number 0752-11285856.(Smith, Charles) (Entered: 11/10/2015)	Clearinghouse
2	Nov. 10, 2015	CIVIL Cover Sheet (Smith, Charles) (Entered: 11/10/2015)	RECAP
3	Nov. 10, 2015	ATTORNEY Appearance for Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise by Charles F. Smith, Jr (Smith, Charles) (Entered: 11/10/2015)	RECAP
4	Nov. 10, 2015	NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise (Smith, Charles) (Entered: 11/10/2015)	RECAP
5	Nov. 10, 2015	ATTORNEY Appearance for Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise by Lara A Flath (Flath, Lara) (Entered: 11/10/2015)	RECAP
	Nov. 10, 2015	CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Daniel G. Martin. (rc, )
	Nov. 11, 2015	SUMMONS Issued as to Defendants Board of Election Commissioners for the City of Chicago, Matt Boehmer, Ashton Carter, Federal Voting Assistance Program, Karen Kinney, Langdon D. Neal, United States of America (jp, )
6	Nov. 12, 2015	ORDER: Status hearing set for 1/15/2016 at 9:30 AM in Courtroom 2325. If, by the date of the scheduled status hearing, defendant has not been served, plaintiff should call the courtroom deputy (312-435-5641) to request a new status date. No status hearing should be held until all defendants have been served. Plaintiff is directed to advise the defendants of the status hearingforthwith. Pursuant to LR 5.2(f), a stapled and/or bound paper copy of all electronically filed pleadings, including the complaint, must be delivered to chambers (2356) within one business day of filing. Noncompliance with LR 5.2(f) will result in the imposition of a $200.00 fine payable to the Clerk of the Court, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604. Parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 11/12/2015. Mailed notice(mjc, ) (Entered: 11/12/2015)	RECAP
7	Nov. 17, 2015	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11308202. (Wyatt, Geoffrey) (Entered: 11/17/2015)	RECAP
8	Nov. 17, 2015	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11308315. (Mcintosh, Michael) (Entered: 11/17/2015)	RECAP
9	Nov. 18, 2015	SUMMONS Returned Executed by Lavonne Wise, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, League of Women Voters of the Virgin Islands, Tomas Ares, Luis Segovia, Anthony Bunten as to Board of Election Commissioners for the City of Chicago on 11/13/2015, answer due 12/4/2015. (Flath, Lara) (Entered: 11/18/2015)	RECAP
10	Nov. 18, 2015	SUMMONS Returned Executed by Lavonne Wise, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, League of Women Voters of the Virgin Islands, Tomas Ares, Luis Segovia, Anthony Bunten as to Langdon D. Neal on 11/13/2015, answer due 12/4/2015. (Flath, Lara) (Entered: 11/18/2015)	RECAP
11	Nov. 18, 2015	SUMMONS Returned Executed by Lavonne Wise, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, League of Women Voters of the Virgin Islands, Tomas Ares, Luis Segovia, Anthony Bunten as to Karen Kinney on 11/17/2015, answer due 12/8/2015. (Flath, Lara) (Entered: 11/18/2015)	RECAP
12	Nov. 18, 2015	SUMMONS Returned Executed by Lavonne Wise, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, League of Women Voters of the Virgin Islands, Tomas Ares, Luis Segovia, Anthony Bunten as to United States of America served on 11/13/2015, answer due 1/12/2016 (Flath, Lara) (Entered: 11/18/2015)	RECAP
13	Nov. 18, 2015	SUMMONS Returned Executed by Lavonne Wise, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, League of Women Voters of the Virgin Islands, Tomas Ares, Luis Segovia, Anthony Bunten as to Ashton Carter served on 11/12/2015, answer due 1/11/2016 (Flath, Lara) (Entered: 11/18/2015)	RECAP
14	Nov. 18, 2015	SUMMONS Returned Executed by Lavonne Wise, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, League of Women Voters of the Virgin Islands, Tomas Ares, Luis Segovia, Anthony Bunten as to Federal Voting Assistance Program served on 11/12/2015, answer due 1/11/2016 (Flath, Lara) (Entered: 11/18/2015)	RECAP
15	Nov. 18, 2015	SUMMONS Returned Executed by Lavonne Wise, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, League of Women Voters of the Virgin Islands, Tomas Ares, Luis Segovia, Anthony Bunten as to Matt Boehmer served on 11/12/2015, answer due 1/11/2016 (Flath, Lara) (Entered: 11/18/2015)	RECAP
16	Nov. 19, 2015	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11318575. (Mccall, W.) (Entered: 11/19/2015)	RECAP
17	Nov. 20, 2015	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11323395. (Van saanen, Marisa) (Entered: 11/20/2015)	RECAP
18	Nov. 21, 2015	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11326349. (Weare, Neil) (Entered: 11/21/2015)	RECAP
19	Nov. 23, 2015	MINUTE entry before the Honorable Joan B. Gottschall: Attorney Geoffrey M. Wyatt's application to appear pro hac vice 7 on behalf of the plaintiffs is granted. Attorney Michael A. McIntosh's application to appear pro hac vice 8 on behalf of the plaintiffs is granted. Mailed notice (mjc, ) (Entered: 11/23/2015)	Clearinghouse
20	Nov. 23, 2015	MINUTE entry before the Honorable Joan B. Gottschall: Attorney Walter Graham McCall's application to appear pro hac vice 16 on behalf of the plaintiffs is granted. Attorney Marisa B. Van Saanen's application to appear pro hac vice 17 on behalf of the plaintiffs is granted. Attorney Neil Clifford Weare's application to appear pro hac vice 18 on behalf of the plaintiffs is granted. Mailed notice (mjc, ) (Entered: 11/23/2015)	Clearinghouse
21	Nov. 23, 2015	ATTORNEY Appearance for Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise by Michael A. Mcintosh (Mcintosh, Michael) (Entered: 11/23/2015)	RECAP
22	Nov. 23, 2015	ATTORNEY Appearance for Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise by Geoffrey M Wyatt (Wyatt, Geoffrey) (Entered: 11/23/2015)	RECAP
23	Nov. 24, 2015	ATTORNEY Appearance for Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise by Marisa Bronwyn Van saanen (Van saanen, Marisa) (Entered: 11/24/2015)	RECAP
24	Nov. 24, 2015	ATTORNEY Appearance for Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise by W. Graham Mccall (Mccall, W.) (Entered: 11/24/2015)	RECAP
25	Dec. 2, 2015	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11352864. (Swettk, Kathy) (Entered: 12/02/2015)	RECAP
26	Dec. 3, 2015	MINUTE entry before the Honorable Joan B. Gottschall: Attorney Kathy Laura Swett's application to appear pro hac vice 25 on behalf of the defendant Karen Kinney is granted. Mailed notice (mjc, ) (Entered: 12/03/2015)	RECAP
27	Dec. 4, 2015	ANSWER to Complaint by Board of Election Commissioners for the City of Chicago, Langdon D. Neal (Attachments: # 1 Certificate of Service Certificate of Service)(Scanlon, James) (Entered: 12/04/2015) 1 Certificate of Service Certificate of Service View on RECAP	Clearinghouse
28	Dec. 4, 2015	ATTORNEY Appearance for Defendants Board of Election Commissioners for the City of Chicago, Langdon D. Neal by James Michael Scanlon (Attachments: # 1 Certificate of Service Certificate of Service)(Scanlon, James) (Entered: 12/04/2015) 1 Certificate of Service Certificate of Service View on RECAP	Clearinghouse
29	Dec. 8, 2015	ATTORNEY Appearance for Defendant Karen Kinney by Patricia Castro (Attachments: # 1 Certificate of Service)(Castro, Patricia) (Entered: 12/08/2015)	RECAP
30	Dec. 8, 2015	ANSWER to Complaint by Karen Kinney (Attachments: # 1 Certificate of Service)(Castro, Patricia) (Entered: 12/08/2015) 1 Certificate of Service View on RECAP	Clearinghouse
31	Dec. 16, 2015	MOTION by Defendants Matt Boehmer, Ashton Carter, Federal Voting Assistance Program, United States of America for extension of time To Respond to the Complaint (Unopposed) (Anderson, Caroline) (Entered: 12/16/2015)	Clearinghouse
32	Dec. 16, 2015	NOTICE of Motion by Caroline J Anderson for presentment of extension of time 31 before Honorable Joan B. Gottschall on 12/23/2015 at 09:30 AM. (Anderson, Caroline) (Entered: 12/16/2015)	Clearinghouse
33	Dec. 22, 2015	MINUTE entry before the Honorable Joan B. Gottschall: Government defendants' unopposed motion for extension of time to respond to the complaint 31 is granted. The Government defendants shall answer or otherwise plead by 2/10/16. Motion hearing set for 12/23/15 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 12/22/2015)	Clearinghouse
34	Jan. 6, 2016	Plaintiffs' Rule 5.1 Notice of Constitutional Challenge to a Statute by Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise (Smith, Charles) (Entered: 01/06/2016)	RECAP
35	Jan. 12, 2016	MOTION by Defendant Board of Election Commissioners for the City of Chicago to substitute party Marisel A. Hernandez for Langdon D. Neal (Attachments: # 1 Certificate of Service)(Scanlon, James) (Entered: 01/12/2016) 1 Certificate of Service View on RECAP	Clearinghouse
36	Jan. 12, 2016	Board of Election Commissioners for City of Chicago NOTICE of Motion by James Michael Scanlon for presentment of motion to substitute party 35 before Honorable Joan B. Gottschall on 1/15/2016 at 09:30 AM. (Scanlon, James) (Entered: 01/12/2016)	RECAP
37	Jan. 14, 2016	MINUTE entry before the Honorable Joan B. Gottschall: Rule 25(d) motion to substitute parties 35 is granted. Marisel A. Hernandez shall be substituted for Langdon D. Neal as a defendant. The Clerk's Office is directed to terminate Langdon D. Neal and add Marisel A. Hernandez, Chairman of the Board of Election Commissioners for City of Chicago, on the docket. Status hearing set for 1/15/16 is stricken and reset to 2/12/16 at 9:30 a.m. Motion hearing set for 1/15/16 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 01/14/2016)	Clearinghouse
38	Feb. 5, 2016	Notice of The Illinois Attorney General's Response to Plaintiffs' Rule 5.1 Notification (ECF No. 34) by Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise (Attachments: # 1 Letter)(Smith, Charles) (Entered: 02/05/2016)	RECAP
39	Feb. 10, 2016	MEMORANDUM In Support of their MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Against the Federal Defendants (Anderson, Caroline) Modified on 2/11/2016 (mjc, ). (Entered: 02/10/2016)	Clearinghouse
40	Feb. 10, 2016	NOTICE of Motion by Caroline J Anderson for presentment of Motion to Dismiss for Failure to State a Claim 39 before Honorable Joan B. Gottschall on 2/17/2016 at 09:30 AM. (Anderson, Caroline) (Entered: 02/10/2016)	RECAP
41	Feb. 11, 2016	MINUTE entry before the Honorable Joan B. Gottschall: The status hearing set for 2/12/16 is stricken and reset to 2/17/16 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 02/11/2016)	RECAP
42	Feb. 11, 2016	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Against the Federal Defendants (Anderson, Caroline) (Entered: 02/11/2016)	Clearinghouse
43	Feb. 16, 2016	MINUTE entry before the Honorable Joan B. Gottschall: Federal defendants' motion to dismiss for failure to state a claim 42 is briefed as follows: response is due 3/16/16 and reply is due 3/30/16. Status hearing set for 2/17/16 is stricken. The court will reset the status hearing with ruling on the motion to dismiss. Motion hearing set for 2/17/16 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 02/16/2016)	RECAP
44	Feb. 17, 2016	MOTION by Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise to set a briefing schedule (Unopposed) (Flath, Lara) (Entered: 02/17/2016)	Clearinghouse
45	Feb. 17, 2016	Unopposed NOTICE of Motion by Lara A Flath for presentment of motion by filer to set a briefing schedule, 44 before Honorable Joan B. Gottschall on 2/24/2016 at 09:30 AM. (Flath, Lara) (Entered: 02/17/2016)	RECAP
46	Feb. 18, 2016	MINUTE entry before the Honorable Joan B. Gottschall: The plaintiffs' unopposed motion for scheduling order 44 is granted. The briefing schedule 43 set for the pending motion to dismiss filed by the federal defendants 42 is stricken. The plaintiffs shall file a combined opposition to the federal defendant's motion to dismiss and a motion for summary judgment or judgment on the pleadings by March 16, 2016. The federal defendants shall file a combined reply in support of their motion to dismiss and a response to the plaintiffs' motion by April 18, 2016. The federal defendants' request to file a 15-page combined memorandum is granted. See Loc. R. 7.1. The state defendants shall file any opposition to the plaintiffs' motion by April 18, 2016. The defendants must ensure that their briefs are not duplicative. The plaintiffs shall file their reply by May 2, 2016. The court will set further dates as necessary when it rules on the motions. Motion hearing set for 2/24/16 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 02/18/2016)	Clearinghouse
47	March 16, 2016	MOTION by Plaintiffs Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, Luis Segovia, Lavonne Wise, Pamela Lynn Colon, League of Women Voters of the Virgin Islands, Tomas Ares, Anthony Bunten for summary judgment and Opposition to Federal Defendants' Motion to Dismiss [Docket No.42] (Smith, Charles) (Entered: 03/16/2016)	Clearinghouse
48	March 16, 2016	MEMORANDUM by Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise in support of motion for summary judgment, 47 and Opposition to Federal Defendants' Motion to Dismiss [Docket No.42] (Smith, Charles) (Entered: 03/16/2016)	RECAP
49	March 16, 2016	RULE 56.1 Statement by Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise regarding motion for summary judgment, 47 (Attachments: # 1 Index of Exhibits, # 2 Declaration of Luis Segovia, # 3 Declaration of Jose Antonio Torres, # 4 Declaration of Pamela Lynn Colon, # 5 Declaration of Tomas Ares, # 6 Declaration of Anthony Bunten, # 7 Declaration of Levonne Wise, # 8 Declaration of Dr. Gwen Moolenaar, # 9 Declaration of Rodney Cruz, Jr., # 10 Answer of Board of Election Commissioners, # 11 Anwer of Karen Kinney)(Smith, Charles) (Entered: 03/16/2016)	RECAP
50	April 18, 2016	MOTION by Defendants United States of America, Federal Voting Assistance Program, Matt Boehmer, Ashton Carter for summary judgment (Anderson, Caroline) (Entered: 04/18/2016)	Clearinghouse
51	April 18, 2016	MEMORANDUM by Matt Boehmer, Ashton Carter, Federal Voting Assistance Program, United States of America in support of motion for summary judgment, 47, motion for summary judgment 50 in Opposition to Plaintiffs' Motion for Summary Judgment, and Reply in Support of Federal Defendants' Motion to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Federal Defendants' Rule 56.1 Statement of Uncontested Facts, # 5 Federal Defendants Rule 56(b)(3)(A) Response to Plaintiffs' Statement of Uncontested Facts)(Anderson, Caroline) (Entered: 04/18/2016)	RECAP
52	April 18, 2016	NOTICE of Motion by Caroline J Anderson for presentment of motion for summary judgment 50 before Honorable Joan B. Gottschall on 4/22/2016 at 09:30 AM. (Anderson, Caroline) (Entered: 04/18/2016)	RECAP
53	April 19, 2016	MOTION by Defendants Matt Boehmer, Ashton Carter, Federal Voting Assistance Program, United States of America to set a briefing schedule (Unopposed) (Anderson, Caroline) (Entered: 04/19/2016)	Clearinghouse
54	April 19, 2016	NOTICE of Motion by Caroline J Anderson for presentment of motion by filer to set a briefing schedule 53 before Honorable Joan B. Gottschall on 4/22/2016 at 09:30 PM. (Anderson, Caroline) (Entered: 04/19/2016)	RECAP
55	April 22, 2016	ATTORNEY Appearance for Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise by John Jordan Schoettle (Schoettle, John) (Entered: 04/22/2016)	RECAP
56	April 22, 2016	MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held. Defendants' motion for a revised scheduling order 53 is granted. Plaintiffs' combined reply in support of their motion for summary judgment and opposition to the Federal Defendants' cross motion for summary judgment is due by 5/3/16. The Federal Defendants' reply in support of their cross motion for summary judgment is due by 5/17/16. The parties shall submit a chart with docket numbers that details the outstanding motions and all related briefing. Mailed notice (mjc, ) (Entered: 04/22/2016)	Clearinghouse
57	April 26, 2016	NOTICE by Matt Boehmer, Ashton Carter, Federal Voting Assistance Program, United States of America of Lodging of Joint Chart Detailing Outstanding Motions and Related Briefing (Anderson, Caroline) (Entered: 04/26/2016)	RECAP
58	May 3, 2016	REPLY by Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise to motion for summary judgment, 47 and Opposition to Federal Defendants' Cross-Motion For Summary Judgment [Docket No.50] (Smith, Charles) (Entered: 05/03/2016)	RECAP
59	May 3, 2016	RESPONSE by Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise to memorandum in support of motion,, 51 to Federal Defendants' Local Rule 56.1 Statement of Undisputed Material Facts (Smith, Charles) (Entered: 05/03/2016)	RECAP
60	May 17, 2016	REPLY by Defendants Matt Boehmer, Ashton Carter, Federal Voting Assistance Program, United States of America to memorandum in support of motion,, 51 (Anderson, Caroline) (Entered: 05/17/2016)	RECAP
61	Aug. 23, 2016	ATTORNEY Appearance for Defendants Matt Boehmer, Ashton Carter, Federal Voting Assistance Program, United States of America by Justin M. Sandberg (Sandberg, Justin) (Entered: 08/23/2016)	RECAP
62	Aug. 23, 2016	MINUTE entry before the Honorable Joan B. Gottschall: Enter Memorandum Opinion and Order. The federal defendants are entitled to summary judgment as to the plaintiffs' equal protection claim based on the UOCAVA, so the federal defendants' motion for summary judgment 50 is granted, their motion to dismiss 42 is denied as moot, and the plaintiffs' cross-motion for summary judgment 47 is denied. The plaintiffs' standalone due process claim survives these rulings as the parties did not brief it. This case is set for status on September 9, 2016, at 9:30 a.m. The parties should be prepared to discuss further proceedings regarding the plaintiffs' due process claim against the federal defendants and their contention that portions of Illinois MOVE are unconstitutional due to the statute's treatment of American Samoa. Mailed notice (jms, ) Modified on 8/23/2016 (jms, ). (Entered: 08/23/2016)	Clearinghouse
63	Aug. 23, 2016	MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 8/23/2016:Mailed notice(jms, ) (Entered: 08/23/2016)	Clearinghouse
64	Aug. 29, 2016	MINUTE entry before the Honorable Joan B. Gottschall: The status hearing set for 9/9/16 at 9:30 a.m. is stricken and reset to 9/14/16 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 08/29/2016)	RECAP
65	Sept. 9, 2016	MINUTE entry before the Honorable Joan B. Gottschall: The status hearing set for 9/14/16 at 9:30 a.m. is reset to 9/14/16 at 2:00 p.m. (TIME CHANGE ONLY). Mailed notice (mjc, ) (Entered: 09/09/2016)	RECAP
66	Sept. 14, 2016	MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Plaintiffs expressed desire to proceed with remaining due process claim. Defendants argued that any remaining claims have been waived. Briefing schedule set on this matter. Plaintiffs' brief due by 9/23/16. Defendants' response due by 10/19/16. Plaintiffs' reply due by 10/24/16. No additional briefing will be accepted after 10/24/16. Mailed notice (mjc, ) (Entered: 09/15/2016)	RECAP
67	Sept. 19, 2016	MOTION by Attorney W. Graham McCall to withdraw as attorney for Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise. No party information provided (Mccall, W.) (Entered: 09/19/2016)	Clearinghouse
68	Sept. 19, 2016	NOTICE of Motion by W. Graham Mccall for presentment of motion to withdraw as attorney, 67 before Honorable Joan B. Gottschall on 9/23/2016 at 09:30 AM. (Mccall, W.) (Entered: 09/19/2016)	RECAP
69	Sept. 22, 2016	MINUTE entry before the Honorable Joan B. Gottschall: Motion of W. Graham McCall for leave to withdraw as counsel for plaintiffs 67 is granted. Attorney W. Graham McCall may withdraw his appearance on behalf of plaintiffs. Motion hearing set for 9/23/16 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 09/22/2016)	Clearinghouse
70	Sept. 23, 2016	MOTION by Plaintiffs Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, Luis Segovia, Lavonne Wise, Pamela Lynn Colon, League of Women Voters of the Virgin Islands, Tomas Ares, Anthony Bunten for summary judgment (Second) (Smith, Charles) (Entered: 09/23/2016)	Clearinghouse
71	Sept. 23, 2016	MEMORANDUM by Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise in support of motion for summary judgment, 70 (Second) (Smith, Charles) (Entered: 09/23/2016)	RECAP
72	Sept. 23, 2016	RULE 56.1 Statement by Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise regarding motion for summary judgment, 70 (Second) (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Luis Segovia, # 3 Exhibit 2 - Declaration of Jose Antonio Torres, # 4 Exhibit 3 - Declaration of Pamela Lynn Colon, # 5 Exhibit 4 - Declaration of Tomas Ares, # 6 Exhibit 5 - Declaration of Anthony Bunten, # 7 Exhibit 6 - Declaration of Lavonne Wise, # 8 Exhibit 7 - Declaration of Dr. Gwen Moolenaar, # 9 Exhibit 8 - Declaration of Rodney Cruz, Jr., # 10 Exhibit 9 - Answer of Board of Election Commissioners, # 11 Exhibit 10 - Answer of Karen Kinney)(Smith, Charles) (Entered: 09/23/2016)	RECAP
73	Oct. 19, 2016	RESPONSE by Karen Kinneyin Opposition to MOTION by Plaintiffs Iraq Afghanistan and Persian Gulf Veterans of the Pacific, Jose Antonio Torres, Luis Segovia, Lavonne Wise, Pamela Lynn Colon, League of Women Voters of the Virgin Islands, Tomas Ares, Anthony Bunten for summary judgment (Second 70 (Attachments: # 1 Memorandum of Law in Support Summary Judgment, # 2 Response to Statement of Undisputed Material Facts, # 3 Rule 56.1 Compendium in Support of Opposition to Undisputed Material Facts)(Castro, Patricia) (Entered: 10/19/2016)	RECAP
74	Oct. 19, 2016	MEMORANDUM by Board of Election Commissioners for the City of Chicago, Marisel A. Hernandez in Opposition to motion for summary judgment, 70 (Scanlon, James) (Entered: 10/19/2016)	RECAP
75	Oct. 19, 2016	RULE 56 (c) Statement by Board of Election Commissioners for the City of Chicago, Marisel A. Hernandez regarding motion for summary judgment, 70 LR 56.1 Response to Plaintiffs' Statement of Undisputed Material Facts (Scanlon, James) (Entered: 10/19/2016)	RECAP
76	Oct. 19, 2016	ATTORNEY Appearance for Defendants Matt Boehmer, Ashton Carter, Federal Voting Assistance Program, United States of America by Deepthy Kishore (Kishore, Deepthy) (Entered: 10/19/2016)	RECAP
77	Oct. 19, 2016	MOTION by Defendants United States of America, Federal Voting Assistance Program, Matt Boehmer, Ashton Carter for summary judgment (Kishore, Deepthy) (Entered: 10/19/2016)	Clearinghouse
78	Oct. 19, 2016	MEMORANDUM motion for summary judgment, 70, motion for summary judgment 77 by Matt Boehmer, Ashton Carter, Federal Voting Assistance Program, United States of America Memorandum in Support of Federal Defendants' Cross-Motion for Summary Judgment, and in Opposition to Plaintiffs' Second Motion for Summary Judgment (Kishore, Deepthy) (Entered: 10/19/2016)	RECAP
79	Oct. 21, 2016	REPLY by Plaintiffs Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise to motion for summary judgment, 70 in Support of Second Motion for Summary Judgment and Opposition to the Federal Defendants' Cross-Motion for Summary Judgment (Smith, Charles) (Entered: 10/21/2016)	RECAP
80	Oct. 28, 2016	MINUTE entry before the Honorable Joan B. Gottschall: Enter Memorandum Opinion and Order. The court denies the plaintiffs' second summary judgment motion 70 and grants the federal defendants' cross-motion for summary judgment 77 . The clerk is directed to enter final judgment accordingly. Mailed notice (mjc, ) (Entered: 10/28/2016)	RECAP
81	Oct. 28, 2016	MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 10/28/2016. Mailed notice(mjc, ) (Entered: 10/28/2016)	RECAP
82	Oct. 28, 2016	ENTERED JUDGMENT. Civil case terminated. Mailed notice(mjc, ) (Entered: 10/28/2016)	RECAP
83	Dec. 27, 2016	NOTICE of appeal by Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise regarding orders 63, 82, 81 Filing fee $ 505, receipt number 0752-12698155. (Smith, Charles) (Entered: 12/27/2016)	RECAP
84	Dec. 27, 2016	NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 83 . (smm) (Entered: 12/27/2016)	RECAP
85	Dec. 27, 2016	TRANSMITTED to the 7th Circuit the short record on notice of appeal 83 . Notified counsel (smm) (Entered: 12/27/2016)	RECAP
86	Dec. 27, 2016	ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal, 83 ; USCA Case No. 16-4240. (pk,) (Entered: 12/27/2016)	RECAP
87	Jan. 10, 2017	DESIGNATION by Tomas Ares, Anthony Bunten, Pamela Lynn Colon, Iraq Afghanistan and Persian Gulf Veterans of the Pacific, League of Women Voters of the Virgin Islands, Luis Segovia, Jose Antonio Torres, Lavonne Wise of record on appeal : USCA Case No. 16-4240 (Smith, Charles) (Entered: 01/10/2017)	RECAP
88	June 14, 2017	NOTICE to Transmit Record on Appeal regarding notice of appeal, 83 ; USCA Case No. 16-4240 (mma, ) (Entered: 06/14/2017)	RECAP
89	June 15, 2017	CERTIFIED and transmitted to the USCA for the 7th Circuit the long record on appeal 83 (USCA no. 16-4240). (smm) (Entered: 06/15/2017)	RECAP
90	June 15, 2017	USCA RECEIVED on 6/15/17 the long record regarding notice of appeal 83 . (smm) (Entered: 06/19/2017)	RECAP
91	March 16, 2018	MANDATE of USCA dated 3/16/2018 regarding notice of appeal, 83 ;USCA No.16-4240 ; No record to be returned. (ags, ) (Entered: 03/16/2018)	RECAP
92	March 16, 2018	CERTIFIED COPY OF USCA JUDGMENT dated 1/22/2018 regarding notice of appeal, 83 ; USCA No. 16-4240 The portion of the district courts judgment in favor of the federal defendants is VACATED and the case is REMANDED with instructions to dismiss the claims against the federal defendants for want of jurisdiction. With respect to the state defendants, however, the portion of the judgment below that the Illinois law does not violate the Equal Protection Clause or the due process right to interstate travel is AFFIRMED. The above is in accordance with the decision of this court entered on January 18, 2018. Parties shall bear their own costs. (ags, ) (Entered: 03/16/2018)	RECAP
93	March 16, 2018	NONPRECEDENTIAL DISPOSITION from the USCA for the 7th Circuit; Argued 9/15/2017; Decided 1/18/2018 in USCA case no. 16-4240 (ags, ) (Entered: 03/16/2018)	RECAP
94	March 20, 2018	JUDGMENT: Pursuant to the mandate issued March 16, 2018, and the instructions on remand, it is ordered and adjudged that plaintiffs' claims against the United States of America; the Federal Voting Assistance Program; James N. Mattis, in his official capacity as Secretary of Defense; David Bierne, in his official capacity as the Director of the Federal Voting Assistance Program, be, and they hereby are, dismissed for lack of subject matter jurisdiction. Signed by the Honorable Joan B. Gottschall on 3/20/2018. Mailed notice (mjc, ) (Entered: 03/20/2018)	RECAP

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Case Details

State / Territory:

Illinois

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 10, 2015

Closing Date: March 28, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals who are former Illinois residents residing in certain overseas U.S. territories that are denied absentee voting rights based on where they live, and organizations that include such individuals as members

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Rock Island County Clerk

Federal

Director of the Federal Voting Assistance Program

Secretary of Defense

State

BOARD OF ELECTION COMMISSIONERS FOR THE CITY OF CHICAGO

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Uniformed and Overseas Citizens Absentia Voting Act, 52 U.S.C. § 20301 (previously 42 U.S.C. § 1973ff et seq.)

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Northern District of Illinois 1:15-cv-10196

U.S. Court of Appeals for the Seventh Circuit 16-04240

Supreme Court of the United States 17-1463

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Voting: General & Misc.

Recommended Citation

Case Summary of Segovia v. Board of Election Commissioners, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45070/ (last updated 8/24/2024).