Case: State of Texas v. Elfant

1:24-cv-01096 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 17, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit brought by the Texas Attorney General against Travis County, Texas, alleging that the county violated the law by sending voter registration applications to people. On September 17, 2024, Plaintiff, Texas, represented by the Office of the Attorney General of Texas, filed this lawsuit in the 200th Judicial District of Travis County, Texas, against a Travis County Tax Assessor-Collector and Voter Registrar, a Travis County Judge, and four Travis County Commissioners. Plaintiff al…

This is a lawsuit brought by the Texas Attorney General against Travis County, Texas, alleging that the county violated the law by sending voter registration applications to people.

On September 17, 2024, Plaintiff, Texas, represented by the Office of the Attorney General of Texas, filed this lawsuit in the 200th Judicial District of Travis County, Texas, against a Travis County Tax Assessor-Collector and Voter Registrar, a Travis County Judge, and four Travis County Commissioners. Plaintiff alleged that the Defendants' ultra vires actions in distributing voter registration forms ahead of 2024 election exceeded the Defendants’ statutory authority. It sought emergency injunctive relief, temporary and permanent injunction enjoining Defendants from compiling a list of Travis County residents who were not registered to vote. 

On the same day, Defendants filed a notice of removal of this case to the United States District Court for the Western District of Texas, Austin Division, alleging that the lawsuit involved a federal question and thus falls under the jurisdiction of a federal court. According to the Defendants, their actions were authorized under federal law, specifically the National Voter Registration Act, 52 U.S.C. § 20501 et seq. The case was assigned to the U.S. District Judge Robert Pitman.

Following the Defendant’s notice of removal, on the same day Plaintiff filed a motion to remand the case to the state court. It claimed that the Defendants removed this case in bad faith to avoid state appellate review of the state trial court’s denial of Plaintiff’s request for emergency injunctive relief.

On October 10, 2024, the United States District Court for the Western District of Texas, Austin Division, granted Plaintiff’s motion to remand the case to the 200th Judicial District of Travis County, Texas. The court found that federal issues were not raised on the face of Plaintiff’s original petition and, thus, it could not support Defendants’ removal.

The case is ongoing.

Summary Authors

Afrore Shaipi (1/1/2025)

Related Cases

State of Texas v. Calvert, Western District of Texas (2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69167946/parties/the-state-of-texas-v-elfant/


Judge(s)

Austin, Andrew W. (Texas)

Attorney for Plaintiff
Attorney for Defendant

Brazil, K. Scott (Texas)

Dippel, Leslie W. (Texas)

Dunn, Chad W. (Texas)

Garza, Delia (Texas)

show all people

Documents in the Clearinghouse

Document
1

1:24-cv-01096

Defendants’ Notice of Removal

Sept. 17, 2024

Sept. 17, 2024

Pleading / Motion / Brief
1-1

1:24-cv-01096

Plaintiffs Original Verified Petition and Application for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction

Sept. 17, 2024

Sept. 17, 2024

Complaint
1-2

1:24-cv-01096

Civil Cover Sheet

Sept. 17, 2024

Sept. 17, 2024

Other
23

1:24-cv-01096

Order

Oct. 10, 2024

Oct. 10, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69167946/the-state-of-texas-v-elfant/

Last updated March 9, 2025, 9:04 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by MARGARET GOMEZ, in her official capacity as Travis County Commissioner, BRIGID SHEA, in her official capacity as Travis County Commissioner, BRUCE ELFANT, in his official capacity as Travis County Tax Assessor-Collector and Voter Registrar, JEFF TRAVILLION, in his official capacity as Travis County Commissioner, ANDY BROWN, in his official capacity as Travis County Judge, ANN HOWARD, in her official capacity as Travis County Commissioner (Filing fee $405 receipt number ATXWDC-19235167), filed by MARGARET GOMEZ, in her official capacity as Travis County Commissioner, BRIGID SHEA, in her official capacity as Travis County Commissioner, BRUCE ELFANT, in his official capacity as Travis County Tax Assessor-Collector and Voter Registrar, JEFF TRAVILLION, in his official capacity as Travis County Commissioner, ANDY BROWN, in his official capacity as Travis County Judge, ANN HOWARD, in her official capacity as Travis County Commissioner. (Attachments: # 1 Exhibit 1 - Plaintiff's Original Petition and Application for TRO and Injunction, # 2 Civil Cover Sheet)(Dunn, Chad) (Entered: 09/17/2024)

1 Exhibit 1 - Plaintiff's Original Petition and Application for TRO and Injun

View on Clearinghouse

2 Civil Cover Sheet

View on Clearinghouse

Sept. 17, 2024

Sept. 17, 2024

Clearinghouse
2

MOTION to Remand to State Court by STATE OF TEXAS. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Kercher, Ryan) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER

Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kp)

Sept. 17, 2024

Sept. 17, 2024

PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Susan Hightower. (kp)

Sept. 17, 2024

Sept. 17, 2024

PACER
3

DEFICIENCY NOTICE: re 1 Notice of Removal 1) The Notice of Removal you filed is deficient because the Supplement to the Civil Cover Sheet is not attached. This form can be located on our website. Please prepare and electronically submit the supplement using Civil Events - Other Filings - Other Documents - Supplement. This form is required for any Notice of Removal filed in the Western District of Texas. 2) Your Certificate of Service indicates ECF service on attorney for Plaintiff, who had not been added to the docket at the time of filing the Notice of Removal, and therefore had not been served via CM/ECF. Please file an Amended Certificate of Service as a SEPARATE PLEADING. Use the "Certificate of Service" event under the "Service of Process" menu. State alternate means of service to counsel. (kp) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER

To be Referred to AU Mag Judge

Sept. 18, 2024

Sept. 18, 2024

PACER

Case Assigned/Reassigned

Sept. 18, 2024

Sept. 18, 2024

PACER
4

Order Directing Delia Garza to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Robert Pitman. (kp) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
5

ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Robert Pitman. (kp) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
6

SUPPLEMENT to 1 Notice of Removal,,,, (Supplement to the Civil Cover Sheet) by Andy Brown, Bruce Elfant, Margaret Gomez, Ann Howard, Brigid Shea, Jeff Travillion. (Dunn, Chad) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
7

CERTIFICATE OF SERVICE by Andy Brown, Bruce Elfant, Margaret Gomez, Ann Howard, Brigid Shea, Jeff Travillion (Amended Certificate of Service) 1 Notice of Removal,,,, (Dunn, Chad) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
8

ADVISORY TO THE COURT by The State of Texas and Request for Ruling on Plaintiff's Emergency Motion to Remand. (Kercher, Ryan) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
9

ORDER re 2 MOTION to Remand to State Court filed by The State of Texas. IT IS ORDERED that Defendants shall file a response on or before September 23, 2024, and Texas shall file a reply on or before September 26, 2024. Signed by Judge Robert Pitman. (dm) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
10

SUPPLEMENT to 1 Notice of Removal,,,, by Andy Brown, Bruce Elfant, Margaret Gomez, Ann Howard, Brigid Shea, Jeff Travillion. (Attachments: # 1 Exhibit A - Docket Sheet, # 2 Exhibit B - Plaintiff's Original Petition and Application for TRO, # 3 Exhibit C - Process Request Form, # 4 Exhibit D - Defendants' Notice of Filing Notice of Removal, # 5 Exhibit E - Notice of Order to Kathleen Hunker, # 6 Exhibit F - Notice of Order to Ken Paxton, # 7 Exhibit G - Civil Order Document)(Dunn, Chad) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

PACER
11

MOTION Delia Garza's Motion for Admission Pro Hac Vice by Andy Brown, Bruce Elfant, Margaret Gomez, Ann Howard, Brigid Shea, Jeff Travillion. (Attachments: # 1 Proposed Order)(Ybarra, Amy) (Entered: 09/20/2024)

1 Proposed Order

View on PACER

Sept. 20, 2024

Sept. 20, 2024

PACER
12

SUPPLEMENT to 2 MOTION to Remand to State Court by The State of Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kercher, Ryan) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

PACER
13

Response in Opposition to Motion, filed by Andy Brown, Bruce Elfant, Margaret Gomez, Ann Howard, Brigid Shea, Jeff Travillion, re 2 MOTION to Remand to State Court filed by Plaintiff The State of Texas (Dunn, Chad) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
14

SUPPLEMENT to 2 MOTION to Remand to State Court, 12 Supplement by The State of Texas. (Attachments: # 1 Exhibit A)(Kercher, Ryan) (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
15

REPLY to Response to Motion, filed by The State of Texas, re 2 MOTION to Remand to State Court filed by Plaintiff The State of Texas (Kercher, Ryan) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

PACER
16

SUPPLEMENT to 13 Response in Opposition to Motion by Andy Brown, Bruce Elfant, Margaret Gomez, Ann Howard, Brigid Shea, Jeff Travillion. (Dunn, Chad) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER
17

ORDER, IT IS ORDERED that Texas shall file a notice, on or before September 30, 2024, at 12:00 pm CST. Signed by Judge Robert Pitman. (dm) (Entered: 09/27/2024)

Sept. 27, 2024

Sept. 27, 2024

PACER
18

Third MOTION to Remand to State Court by The State of Texas. (Attachments: # 1 Exhibit)(Kercher, Ryan) (Entered: 09/27/2024)

1 Exhibit

View on RECAP

Sept. 27, 2024

Sept. 27, 2024

PACER
19

RESPONSE to 17 Order by The State of Texas. (Kercher, Ryan) (Entered: 09/29/2024)

Sept. 29, 2024

Sept. 29, 2024

RECAP
20

ANSWER to Complaint (Defendants Original Answer to Plaintiffs Original Verified Petition and Application for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction) by Andy Brown, Bruce Elfant, Margaret Gomez, Ann Howard, Brigid Shea, Jeff Travillion.(Dunn, Chad) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
21

ORDER GRANTING 11 Motion to Appear Pro Hac Vice as to Delia Garza. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (dm) (Entered: 10/03/2024)

Oct. 3, 2024

Oct. 3, 2024

PACER
22

RESPONSE to Motion, filed by Andy Brown, Bruce Elfant, Margaret Gomez, Ann Howard, Brigid Shea, Jeff Travillion, re 2 MOTION to Remand to State Court filed by Plaintiff The State of Texas, 18 Third MOTION to Remand to State Court filed by Plaintiff The State of Texas (Dunn, Chad) (Entered: 10/03/2024)

Oct. 3, 2024

Oct. 3, 2024

PACER

Case reassigned to Judge Robert Pitman. Judge Docket II - Austin no longer assigned to the case. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dm)

Oct. 9, 2024

Oct. 9, 2024

PACER
23

ORDER GRANTING 18 2 Motion to Remand to State Court. This case is REMANDED back to the 200th Judicial District of Travis County, Texas. Signed by Judge Robert Pitman. (dm)

Oct. 10, 2024

Oct. 10, 2024

RECAP

Case Assigned/Reassigned

Oct. 10, 2024

Oct. 10, 2024

PACER
24

Certified Mail Receipt of 23 Order on Motion to Remand to State Court. (dm) (Entered: 10/16/2024)

Oct. 10, 2024

Oct. 10, 2024

PACER
25

Certified Mail Receipt

Nov. 4, 2024

Nov. 4, 2024

PACER

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Sept. 17, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Texas

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Travis County Judge (Travis), County

Travis County Commissioners (Travis), County

Travis County Tax Assessor-Collector and Voter Registrar (Travis), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Voting:

Voting: General & Misc.