Case: State of Texas v. Calvert

5:24-cv-01043 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 3, 2024

Clearinghouse coding complete

Case Summary

This is a lawsuit brought by the Texas Attorney General alleging that Bexar County violated state law by sending unsolicited voter registration applications to its residents. The Texas Attorney General filed this lawsuit on September 3, 2024, in Texas state court (the 73rd Judicial District Court) against the Bexar County Election Administrator, a Bexar County Judge, and four Bexar County Commissioners. The Attorney General sued under Texas law, alleging that Bexar County was conducting an ille…

This is a lawsuit brought by the Texas Attorney General alleging that Bexar County violated state law by sending unsolicited voter registration applications to its residents.

The Texas Attorney General filed this lawsuit on September 3, 2024, in Texas state court (the 73rd Judicial District Court) against the Bexar County Election Administrator, a Bexar County Judge, and four Bexar County Commissioners. The Attorney General sued under Texas law, alleging that Bexar County was conducting an illegal mass mailing of voter registration applications to its residents. The County contracted with Civic Government Solutions (CGS) for this effort, an organization that Texas alleged had an appearance of partisanship due to its association with progressive organizations. Texas argued that Bexar County had violated state law by 1) mailing unsolicited voter registration applications, 2) paying CGS without proper procedures, 3) paying CGS for registering voters based on performance, and 4) contracting with CGS without a competitive bidding process. Texas sought a declaratory judgment, as well as a temporary restraining order, preliminary injunction, and permanent injunction to stop County officials from implementing their mailing plan.

Judge Antonia Arteaga denied the motion for a temporary restraining order on September 16, 2024. The same day, Texas filed an amended petition in which it alleged that Bexar County had delayed the hearing on the temporary restraining order application and then begun to quickly implement their mailing plan before the hearing. Texas added a request for an injunction preventing Bexar County from paying CGS. Texas also appealed the denial of the temporary restraining order to the Court of Appeals for the Fifteenth Judicial District of Texas.

On September 17, 2024, the defendants removed the case to federal court, arguing that the lawsuit included claims preempted by federal law (the National Voter Registration Act). The case was assigned to Judge Orlando L. Garcia in the US District Court for the Western District of Texas. That same day, the Attorney General moved to send the case back to state court, arguing that the federal court lacked jurisdiction because the claims arose entirely under state law. 

As of January 24, 2025, there do not appear to have been any further developments. It is possible that after the November 2024 election, the case became moot. 

Summary Authors

Maddie Mitzner (1/29/2025)

Related Cases

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69167458/parties/state-of-texas-v-calvert/


Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Greene, Garrett Mitchell (Texas)

Hunker, Kathleen (Texas)

Kercher, Ryan G. (Texas)

Attorney for Defendant

Cubriel, Lisa V. (Texas)

show all people

Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69167458/state-of-texas-v-calvert/

Last updated Jan. 29, 2025, 11:57 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Grant Moody, Justin Rodriguez, Tommy Calvert, Peter Sakai, Jacquelyn Callanen, Rebeca Clay-Flores (Filing fee $405 receipt number BTXWDC-19234498), filed by Grant Moody, Justin Rodriguez, Tommy Calvert, Peter Sakai, Jacquelyn Callanen, Rebeca Clay-Flores. (Attachments: # 1 Exhibit A - Amended State Court Petition, # 2 Exhibit B - Original State Court Petition, # 3 Exhibit C - Request for Service, # 4 Exhibit D - Request for Service, # 5 Exhibit E - Notice of Hearing, # 6 Exhibit F- Request for Service, # 7 Exhibit G - Request for Service, # 8 Exhibit H - Amended Notice of Hearing, # 9 Exhibit I - Application for TRO and TI, # 10 Exhibit J - TRO/TI Exhibit A, # 11 Exhibit K - TRO/TI Exhibit B, # 12 Exhibit L - TRO/TI Exhibit C, # 13 Exhibit M - Proposed Order on TRO/TI, # 14 Exhibit N - Appeal - Emergency Motion for Temporary Orders, # 15 Exhibit O - Notice of Appeal, # 16 Civil Cover Sheet)(Piatt, Robert) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER
2

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

Sept. 17, 2024

Sept. 17, 2024

PACER

Case assigned to Judge Orlando L. Garcia. 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. (rqr)

Sept. 17, 2024

Sept. 17, 2024

PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (rqr)

Sept. 17, 2024

Sept. 17, 2024

PACER
3

NOTICE of Attorney Appearance by Kathleen Hunker on behalf of STATE OF TEXAS. Attorney Kathleen Hunker added to party STATE OF TEXAS(pty:pla) (Hunker, Kathleen) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
4

NOTICE of Attorney Appearance by Garrett Mitchell Greene on behalf of STATE OF TEXAS. Attorney Garrett Mitchell Greene added to party STATE OF TEXAS(pty:pla) (Greene, Garrett) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
5

ADVISORY TO THE COURT by 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
6

Amended NOTICE of Removal by Grant Moody, Tommy Calvert, Justin Rodriguez, Peter Sakai, Jacquelyn Callanen, Rebeca Clay-Flores re 1 Notice of Removal,,,, filed by Grant Moody, Tommy Calvert, Justin Rodriguez, Peter Sakai, Jacquelyn Callanen, Rebeca Clay-Flores. (Attachments: # 1 Exhibit A - Amended State Court Petition, # 2 Exhibit B - Original State Court Petition, # 3 Exhibit C - Request for Service, # 4 Exhibit D - Request for Service, # 5 Exhibit E - Notice of Hearing, # 6 Exhibit F - Request for Service, # 7 Exhibit G - Request for Service, # 8 Exhibit H - Amended Notice of Hearing, # 9 Exhibit I - Application for TRO and TI, # 10 Exhibit J - TRO/TI Exhibit A, # 11 Exhibit K - TRO/TI Exhibit B, # 12 Exhibit L - TRO/TI Exhibit C, # 13 Exhibit M - Proposed Order on TRO/TI, # 14 Exhibit N - Appeal - Emergency Motion for Temporary Order, # 15 Exhibit O - Notice of Appeal, # 16 Civil Cover Sheet, # 17 Exhibit Q - Defendants Answer to Original Petition and Plea to the Jurisdiction, # 18 Exhibit R - Defendants Answer to Amended Petition and Plea to the Jurisdiction)(Piatt, Robert) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
7

NOTICE of Attorney Appearance by Robert William Piatt, III on behalf of Jacquelyn Callanen, Tommy Calvert, Rebeca Clay-Flores, Grant Moody, Justin Rodriguez, Peter Sakai (Piatt, Robert) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
8

NOTICE of Attorney Appearance by Lisa V. Cubriel on behalf of Jacquelyn Callanen, Tommy Calvert, Rebeca Clay-Flores, Grant Moody, Justin Rodriguez, Peter Sakai. Attorney Lisa V. Cubriel added to party Jacquelyn Callanen(pty:dft), Attorney Lisa V. Cubriel added to party Tommy Calvert(pty:dft), Attorney Lisa V. Cubriel added to party Rebeca Clay-Flores(pty:dft), Attorney Lisa V. Cubriel added to party Grant Moody(pty:dft), Attorney Lisa V. Cubriel added to party Justin Rodriguez(pty:dft), Attorney Lisa V. Cubriel added to party Peter Sakai(pty:dft) (Cubriel, Lisa) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
9

NOTICE of Attorney Appearance by Larry L. Roberson on behalf of Jacquelyn Callanen, Tommy Calvert, Rebeca Clay-Flores, Grant Moody, Justin Rodriguez, Peter Sakai. Attorney Larry L. Roberson added to party Jacquelyn Callanen(pty:dft), Attorney Larry L. Roberson added to party Tommy Calvert(pty:dft), Attorney Larry L. Roberson added to party Rebeca Clay-Flores(pty:dft), Attorney Larry L. Roberson added to party Grant Moody(pty:dft), Attorney Larry L. Roberson added to party Justin Rodriguez(pty:dft), Attorney Larry L. Roberson added to party Peter Sakai(pty:dft) (Roberson, Larry) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
10

MOTION to Remand to State Court In Response to Amended Notice for Removal by The State of Texas. (Hunker, Kathleen) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

PACER

To be Referred to SA Mag Judge

Sept. 20, 2024

Sept. 20, 2024

PACER

Case Assigned/Reassigned

Sept. 20, 2024

Sept. 20, 2024

PACER
11

SUPPLEMENT to 6 Amended Notice of Removal,,,, Supplement to JS 44 Cover Sheet by Jacquelyn Callanen, Tommy Calvert, Rebeca Clay-Flores, Grant Moody, Justin Rodriguez, Peter Sakai. (Piatt, Robert) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

PACER
12

SUPPLEMENT to 10 MOTION to Remand to State Court In Response to Amended Notice for Removal by The State of Texas. (Attachments: # 1 Exhibit A)(Kercher, Ryan) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

PACER
13

Plaintiff's Opposed Motion to Set Briefing Schedule by The State of Texas. (Kercher, Ryan) Modified on 9/24/2024 (wg). (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER
14

SUPPLEMENTAL EMERGENCY MOTION TO REMAND to 12 Supplement, 10 MOTION to Remand to State Court In Response to Amended Notice for Removal by The State of Texas. (Attachments: # 1 Exhibit A)(Kercher, Ryan) Modified on 9/24/2024 (wg). (Entered: 09/23/2024)

Sept. 23, 2024

Sept. 23, 2024

PACER

Notice of Correction

Sept. 24, 2024

Sept. 24, 2024

PACER

Notice of Correction: Both Documents were filed under wrong type of event, changed event to Motions, and Edited Text. re 14 MOTION to Remand, 13 MOTION. (wg)

Sept. 24, 2024

Sept. 24, 2024

PACER

Order on Motion for Miscellaneous Relief

Sept. 25, 2024

Sept. 25, 2024

PACER

Text Order GRANTING 13 Opposed Motion to Set Briefing Schedule by The State of Texas. It is ORDERED that Defendants shall file a response to the pending request for remand on or before Friday, September 26, 2024, and Plaintiff shall file its reply on or before Wednesday, October 2, 2024. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm)

Sept. 25, 2024

Sept. 25, 2024

PACER
15

Response in Opposition to Motion, filed by Jacquelyn Callanen, Tommy Calvert, Rebeca Clay-Flores, Grant Moody, Justin Rodriguez, Peter Sakai, re 14 MOTION to Remand filed by Plaintiff The State of Texas, 10 MOTION to Remand to State Court In Response to Amended Notice for Removal filed by Plaintiff The State of Texas, 2 MOTION to Remand to State Court filed by Plaintiff The State of Texas (Piatt, Robert) (Entered: 09/27/2024)

Sept. 27, 2024

Sept. 27, 2024

PACER
16

ADVISORY TO THE COURT by Jacquelyn Callanen, Tommy Calvert, Rebeca Clay-Flores, Grant Moody, Justin Rodriguez, Peter Sakai . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Piatt, Robert) (Entered: 09/27/2024)

Sept. 27, 2024

Sept. 27, 2024

PACER
17

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

Sept. 27, 2024

Sept. 27, 2024

PACER
18

RESPONSE to 16 Advisory to the Court by The State of Texas. (Kercher, Ryan) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
19

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: 10/01/2024)

Oct. 1, 2024

Oct. 1, 2024

PACER
20

NOTICE of Supplemental Authority by The State of Texas (Attachments: # 1 Exhibit)(Kercher, Ryan) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

PACER

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Sept. 3, 2024

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

The State of Texas, represented by the Attorney General.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bexar County Election Administrator (Bexar), County

Bexar County Commissioners Court (Bexar), 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.