Case: Judicial Watch, Inc. v. Griffin-Valade

6:24-cv-01783 | U.S. District Court for the District of Oregon

Filed Date: Oct. 23, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the state of Oregon’s maintenance of voter rolls and the public availability for inspection and copying of the state's records concerning the implementation of programs developed to ensure the accuracy of official lists of eligible voters.  On October 23, 2024, Judicial Watch, Inc., the Constitution Party of Oregon (“Constitution Party”), and two Oregon residents and lawfully registered voters filed this complaint in the U.S. District Court for the Northern District o…

This is a case challenging the state of Oregon’s maintenance of voter rolls and the public availability for inspection and copying of the state's records concerning the implementation of programs developed to ensure the accuracy of official lists of eligible voters. 

On October 23, 2024, Judicial Watch, Inc., the Constitution Party of Oregon (“Constitution Party”), and two Oregon residents and lawfully registered voters filed this complaint in the U.S. District Court for the Northern District of Oregon Eugene Division. The plaintiffs sued the Oregon Secretary of State and  Oregon (collectively, “Oregon”) under the National Voter Registration Act of 1993 (NVRA). Represented by private counsel, plaintiffs’ claimed that Oregon was not complying with their voter list maintenance obligations under Section 8. Specifically, plaintiffs alleged that Oregon was failing to develop and implement a program to remove ineligible registrants from voter rolls and refusing to let plaintiffs inspect and copy the requested records at a reasonable costs,and to maintain and make publicly available documents regarding the implementation of programs made to ensure the accuracy of official lists of eligible voters for inspection. Plaintiffs sought declaratory and injunctive relief, as well as costs. The case was assigned to District Judge Michael J. McShane. 

Plaintiffs filed an amended complaint on January 10, 2025. On January 24, 2025, Oregon and the Secretary of State filed a motion to dismiss Judicial Watch’s amended complaint. Plaintiffs filed a notice of supplemental authority to the court on May 2 and August 1. On June 6, the Department of Justice (DOJ) submitted a corrected statement of interest to the court addressing the requirements under the NVRA regarding maintenance and public availability of records. The DOJ’s statement claimed that under the statute’s plain language and cases interpreting it, only the State, not the counties, has the non-delegable responsibility to maintain records and make them available, that Oregon’s delegation of the state’s NVRA obligations to local officials was inconsistent with the statute, and that states cannot delegate, by law or practice, those responsibilities to local officials. 

On August 5, Judge McShane handed down an opinion and order granting the State’s motion to dismiss in part and denying it in part. Count I, regarding development and implementation of a program, was dismissed without prejudice for all plaintiffs except the Constitution Party of Oregon for a lack of standing. Count II, regarding the maintenance and public availability of records, was dismissed without prejudice for failure to give adequate notice. Defendants filed an answer to plaintiffs amended complaint on August 19 and a scheduling conference occurred on September 10. As of September 21, 2025, the case is still ongoing.

Summary Authors

Claire Pollard (9/7/2025)

Johnathan Johnson (9/29/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69303762/parties/judicial-watch-inc-v-griffin-valade/


Judge(s)

McShane, Michael Jerome (Oregon)

Attorney for Plaintiff

Joncus, Stephen J. (Oregon)

Lee, Eric W. (Oregon)

Attorney for Defendant

Castelli, Thomas H. (Oregon)

Marshall, Brian Simmonds (Oregon)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

6:24-cv-01783

Complaint for Declaratory and Injunctive Relief for Violations of the National Voter Registration Act

Oct. 23, 2024

Oct. 23, 2024

Complaint
12

6:24-cv-01783

First Amended Complaint For Declaratory And Injunctive Relief For Violations Of The National Voter Registration Act

Judicial Watch, Inc. et al. v. Griffin-Valade

Jan. 10, 2025

Jan. 10, 2025

Complaint
13

6:24-cv-01783

Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint

Judicial Watch, Inc. v. Read

Jan. 24, 2025

Jan. 24, 2025

Pleading / Motion / Brief
28

6:24-cv-01783

Statement of Interest of the United States

Judicial Watch, Inc. v. Read

June 6, 2025

June 6, 2025

Statement of Interest (DOJ)
34

6:24-cv-01783

Opinion and Order

Judicial Watch, Inc. v. Read

Aug. 5, 2025

Aug. 5, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69303762/judicial-watch-inc-v-griffin-valade/

Last updated Oct. 22, 2025, 9:55 p.m.

ECF Number Description Date Link Date / Link
1

Complaint. Violations of the National Voter Registration Act Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-9622819 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Judicial Watch, Inc., Hannah Shipman, Suni Danforth, Constitution Party of Oregon against All Defendants (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Proposed Summons proposed summons). (Joncus, Stephen) (Entered: 10/23/2024)

1 Civil Cover Sheet civil cover sheet

View on PACER

2 Proposed Summons proposed summons

View on PACER

Oct. 23, 2024

Oct. 23, 2024

Clearinghouse
2

Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 2/26/2025. Joint Alternate Dispute Resolution Report is due by 3/28/2025. Pretrial Order is due by 3/28/2025. Ordered by Judge Michael J. McShane. (le) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

3

Summons Issued Electronically as to State of Oregon. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

4

Summons Issued Electronically as to Lavonne Griffin-Valade. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

5

Corporate Disclosure Statement . Filed by Constitution Party of Oregon. (Joncus, Stephen) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

6

Corporate Disclosure Statement . Filed by Judicial Watch, Inc.. (Joncus, Stephen) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

7

Notice of Appearance of Brian Simmonds Marshall appearing on behalf of State of Oregon, Lavonne Griffin-Valade. Filed by on behalf of State of Oregon, Lavonne Griffin-Valade. (Marshall, Brian) (Entered: 11/06/2024)

Nov. 6, 2024

Nov. 6, 2024

8

Notice of Appearance of Kate Elizabeth Morrow appearing on behalf of State of Oregon, Lavonne Griffin-Valade. Filed by on behalf of State of Oregon, Lavonne Griffin-Valade. (Morrow, Kate) (Entered: 11/06/2024)

Nov. 6, 2024

Nov. 6, 2024

9

Waiver of Service of Summons Returned Executed by All Defendants. Filed by All Plaintiffs. (Joncus, Stephen) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

10

Motion to Dismiss . Filed by All Defendants. (Marshall, Brian) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

11

Declaration of Brian Simmonds Marshall . Filed by All Defendants. (Related document(s): Motion to Dismiss 10 .) (Attachments: # 1 Attachment 1: Letter, # 2 Attachment 2: Secretary of State's online Request for Voter List form, # 3 Attachment 3: pages from 2022 EAVS) (Marshall, Brian) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

12

Amended Complaint . Filed by Hannah Shipman, Judicial Watch, Inc., Suni Danforth, Constitution Party of Oregon against All Defendants (Attachments: # 1 Exhibit Redlined changes). (Joncus, Stephen) (Entered: 01/10/2025)

1 Exhibit Redlined changes

View on PACER

Jan. 10, 2025

Jan. 10, 2025

Clearinghouse
13

Motion to Dismiss Plaintiffs' First Amended Complaint 12 . Filed by All Defendants. (Marshall, Brian) Modified on 1/29/2025 to add document link. NEF regenerated. (jw) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

Clearinghouse
14

Motion for Extension of Time and Stay of Discovery. Filed by All Plaintiffs. (Joncus, Stephen) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

15

ORDER: Granting Motion for Extension of Time 14 . Plaintiffs' Response to Defendants' Motion to Dismiss 13 is due by 3/7/2025. Discovery is stayed pending resolution of the motion to dismiss. Ordered by Judge Michael J. McShane. (cp) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

Order on Motion for Extension of Time

Jan. 31, 2025

Jan. 31, 2025

16

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Eric W. Lee. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9770941. Filed by Judicial Watch, Inc., Constitution Party of Oregon, Suni Danforth, Hannah Shipman. (Lee, Eric) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

17

Response to Motion to Dismiss Plaintiffs' First Amended Complaint 13 Oral Argument requested. Filed by All Plaintiffs. (Joncus, Stephen) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

18

Declaration of Robert Popper . Filed by All Plaintiffs. (Related document(s): Response to Motion 17 .) (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex 2, # 3 Exhibit Ex 3) (Joncus, Stephen) (Entered: 03/07/2025)

1 Exhibit Ex 1

View on PACER

2 Exhibit Ex 2

View on PACER

3 Exhibit Ex 3

View on PACER

March 7, 2025

March 7, 2025

RECAP

Clerks Review of Pro Hac Vice Motion

March 10, 2025

March 10, 2025

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Eric W. Lee. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9770941 16 : Reviewed and Ready for Ruling. (jw)

March 10, 2025

March 10, 2025

19

Motion for Extension of Time to File a Response/Reply to Motion to Dismiss Plaintiffs' First Amended Complaint 13 . Filed by All Defendants. (Marshall, Brian) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

20

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 16 admission requested by attorney Eric W. Lee. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

21

ORDER: Granting Motion for Extension of Time to File Reply 19 to Motion to Dismiss. Reply is due by 4/2/2025. Ordered by Judge Michael J. McShane. (cp) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

Order on Motion for Extension of Time to File Response/Reply to Motion

March 18, 2025

March 18, 2025

Leave to Appear Pro Hac Vice

March 18, 2025

March 18, 2025

22

Unopposed Motion for Leave to File Notice of Supplemental Authority. Filed by All Plaintiffs. (Attachments: # 1 Proposed Document Notice of Supplemental Authority) (Joncus, Stephen) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

23

Reply in Support of Defendants' to Motion to Dismiss Plaintiffs' First Amended Complaint 13 . Filed by Lavonne Griffin-Valade, State of Oregon. (Morrow, Kate) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

24

ORDER: Granting Motion for Leave to File Notice of Supplemental Authority 22 . Ordered by Judge Michael J. McShane. (cp) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

Order on Motion for Leave

April 3, 2025

April 3, 2025

25

Scheduling Order: Oral Argument regarding Motion to Dismiss Plaintiffs' First Amended Complaint 13 is set for 6/18/2025 at 10:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

1 - Scheduling

May 1, 2025

May 1, 2025

26

Notice of Supplemental Authority re Response to Motion 17 Filed by All Plaintiffs. (Related document(s): Response to Motion 17 .) (Joncus, Stephen) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

27

Brief Statement of Interest. Filed by U.S. Department of Justice. (Mellett, Timothy) Modified docket text to correct filer to U.S. Department of Justice on 6/6/2025 (eo). (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

28

Brief Corrected Statement of Interest. Filed by U.S. Department of Justice. (Mellett, Timothy) Modified docket text to correct filer to U.S. Department of Justice on 6/6/2025 (eo). (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

Clearinghouse
29

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Robert David Popper. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9877141. Filed by Constitution Party of Oregon, Suni Danforth, Judicial Watch, Inc., Hannah Shipman. (Popper, Robert) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

Clerks Review of Pro Hac Vice Motion

June 10, 2025

June 10, 2025

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Robert David Popper. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9877141 29 : Reviewed and Ready for Ruling. (jw)

June 10, 2025

June 10, 2025

30

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 29 admission requested by attorney Robert David Popper. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp) (Entered: 06/11/2025)

June 11, 2025

June 11, 2025

Leave to Appear Pro Hac Vice

June 11, 2025

June 11, 2025

32

MINUTES of Proceedings: Motion Hearing Held regarding Motions to Dismiss 10 and 13 . Motion is taken under advisement as of 6/18/2025. Stephen J. Joncus, Eric W. Lee and Robert David Popper present as counsel for plaintiffs. Brian Simmonds Marshall and Kate Elizabeth Morrow present as counsel for defendants. Court Reporter: Kellie Humiston. Judge Michael J. McShane presiding. (cp) (Entered: 07/17/2025)

June 18, 2025

June 18, 2025

31

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 6/18/25 before Judge Michael J. McShane, Court Reporter Kellie M. Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/10/2025. Redaction Request due 7/24/2025. Redacted Transcript Deadline set for 8/4/2025. Release of Transcript Restriction set for 10/1/2025. (Humiston, Kellie) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

Motion Hearing Held

July 17, 2025

July 17, 2025

33

Notice of Supplemental Authority Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Judicial Watch v. Weber Order on Motion to Dismiss, # 2 Exhibit 2 - Judicial Watch v. Ill. State Bd. of Elections Minute Order) (Lee, Eric) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

34

OPINION AND ORDER signed on 08/05/2025 by Judge Michael J. McShane: Defendants' initial Motion to Dismiss, ECF No. 10 , is denied as MOOT and Defendants' amended Motion to Dismiss, ECF No. 13 , is GRANTED in part and DENIED in part: Count I is dismissed for lack of standing as to all Plaintiffs except the Constitution Party of Oregon, which has adequately pled organizational standing, and Count II is dismissed for failure to give adequate notice. (bd)

Aug. 5, 2025

Aug. 5, 2025

Clearinghouse
35

Notice of Attorney Substitution: Thomas H. Castelli . Filed by on behalf of Tobias Read, State of Oregon. (Castelli, Thomas) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

36

Answer to 12 Amended Complaint . Filed by State of Oregon, Tobias Read. (Castelli, Thomas) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

37

SCHEDULING ORDER: Rule 16 Conference is set for 9/10/2025 at 10:00AM in Eugene by telephone before Judge Michael J. McShane. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Order issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). The Court will provide the parties with the conference call-in information by separate email. Ordered by Judge Michael J. McShane. (cp) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

38

MINUTES of Proceedings: Rule 16 Conference held. Discovery is to be completed by 5/22/2026. Expert Discovery to be completed by 7/10/2026. Joint Status Report providing the court with a briefing schedule and oral argument date is due by 5/22/2026. Discovery disputes between the parties, if any, should first be brought to the attention of the court via email to see if an informal resolution can be reached. The court does not allow depositions of experts without a good cause motion filed by the party seeking the deposition. The court will assist the parties in finding a judicial officer if the parties wish to have a settlement conference with a judge. Please do NOT send paper courtesy copies of your filings to the court unless requested. The judge and his staff use the electronic record. Trial dates will be set at the request of the parties or upon resolution of dispositive motions. The parties should be prepared to go to trial within four months of resolution of dispositive motions (or within four months of the dispositive motion deadline if no motions are filed). All contact with the court should go through the Courtroom Deputy, Charlene Pew, by email at mcshane_crd@ord.uscourts.gov or by calling 541-431-4105. Stephen J. Joncus, Eric W. Lee and Robert David Popper present as counsel for plaintiffs. Thomas H. Castelli and Kate Elizabeth Morrow present as counsel for defendants. Court Reporter: None Present. Judge Michael J. McShane presiding. (cp) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

39

Notice of Directly Related Case David D. Vandenberg,David D. Vandenberg for U.S. Department of Justice. Filed by U.S. Department of Justice. (Vandenberg, David) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

Case Details

State / Territory:

Oregon

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Oct. 23, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff Judicial Watch, Inc. is a not-for-profit, educational organization. Plaintiff Constitution Party is a registered political party in the State of Oregon devoted to recruiting and maintaining Constitution Party members and electing candidates who espouse its principles to state and federal office in Oregon. Plaintiff Suni Danforth is a resident and lawfully registered voter in Umatilla County, Oregon. Danforth is a member of Judicial Watch. Plaintiff Hannah Shipman is a resident and lawfully registered voter in Marion County, Oregon. Shipman is a member of the Constitution Party.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lavonne Griffin-Valade, State

Oregon, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Other Dockets:

District of Oregon 6:24-cv-01783

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Government services

Record-keeping

Records Disclosure

Voting:

Voter registration rules

Voting: General & Misc.