Case: United States v. Warner

2:26-cv-00156 | U.S. District Court for the Southern District of West Virginia

Filed Date: Feb. 26, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case.] 

This is a lawsuit deriving from West Virginia's refusal to provide the Civil Rights Division of the U.S. Department of Justice with a complete statewide voter registration list, including confidential personally identifiable information, which the Division requested under the Civil Rights Act of 1960.

Documents in the Clearinghouse

Document
1

2:26-cv-00156

Complaint

The United States of America v. Warner

Feb. 26, 2026

Feb. 26, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72335259/united-states-v-warner/

Last updated June 13, 2026, 3:29 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT without Jury Demand. (Attachments: # 1 Attachment 1, # 2 Proposed Summons as to Kris Warner, # 3 Civil Cover Sheet) (mfo)

1 Attachment 1

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2 Proposed Summons as to Kris Warner

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3 Civil Cover Sheet

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Feb. 26, 2026

Feb. 26, 2026

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2

ELECTRONIC SUMMONS ISSUED as to Kris Warner, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mfo)

Feb. 26, 2026

Feb. 26, 2026

3

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 1, 2024. Discovery referred to Magistrate Judge Dwane L. Tinsley. (cc: counsel of record; any pro se party) (klc)

Feb. 26, 2026

Feb. 26, 2026

CASE assigned to Judge Thomas E. Johnston. (klc)

Feb. 26, 2026

Feb. 26, 2026

Case Assigned

Feb. 26, 2026

Feb. 26, 2026

4

MOTION by West Virginia Alliance for Retired Americans to Intervene as Defendant (Attachments: # 1 Exhibit A - Proposed Answer, # 2 Exhibit B - Case Declaration, # 3 Exhibit C - US v Scanlan Order, # 4 Proposed Order)(Smith, Christina)

1 Exhibit A - Proposed Answer

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2 Exhibit B - Case Declaration

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3 Exhibit C - US v Scanlan Order

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4 Proposed Order

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March 6, 2026

March 6, 2026

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5

MEMORANDUM OF LAW by West Virginia Alliance for Retired Americans in support of 4 MOTION by West Virginia Alliance for Retired Americans to Intervene as Defendant (Smith, Christina)

March 6, 2026

March 6, 2026

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6

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Interested Party West Virginia Alliance for Retired Americans (Smith, Christina)

March 6, 2026

March 6, 2026

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7

STATEMENT OF VISITING ATTORNEY from Elisabeth Frost on behalf of West Virginia Alliance for Retired Americans. Local counsel: Christina L. Smith. Fee $50.00. Receipt # AWVSDC-9061881. (Attachment: # 1 WVSB receipt)(Smith, Christina)

1 WVSB receipt

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March 6, 2026

March 6, 2026

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8

STATEMENT OF VISITING ATTORNEY from Lucas Lallinger on behalf of West Virginia Alliance for Retired Americans. Local counsel: Christina L. Smith. Fee $50.00. Receipt # AWVSDC-9061887. (Attachment: # 1 WVSB receipt)(Smith, Christina)

1

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March 6, 2026

March 6, 2026

9

STATEMENT OF VISITING ATTORNEY from Julianna Astarita on behalf of West Virginia Alliance for Retired Americans. Local counsel: Christina L. Smith. Fee $50.00. Receipt # AWVSDC-9061898. (Attachment: # 1 WVSB receipt)(Smith, Christina)

March 6, 2026

March 6, 2026

10

NOTICE OF APPEARANCE by Christopher J. Gardner on behalf of The United States of America. (Gardner, Christopher)

March 12, 2026

March 12, 2026

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11

MOTION by West Virginia Citizen Action Group to Intervene as a Defendant. (Attachments: # 2 Index, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Sparks, Aubrey) (Modified on 4/2/2026 to remove memorandum in support (attachment #1) and file at entry #13) (kew).

2 Index

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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April 2, 2026

April 2, 2026

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12

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Movant West Virginia Citizen Action Group (Sparks, Aubrey)

April 2, 2026

April 2, 2026

13

MEMORANDUM OF LAW by West Virginia Citizen Action Group in support of 11 MOTION by West Virginia Citizen Action Group to Intervene as a Defendant. (kew)

April 2, 2026

April 2, 2026

RECAP

Notice of Docket Correction

April 2, 2026

April 2, 2026

NOTICE OF DOCKET CORRECTION re: 11 MOTION by West Virginia Citizen Action Group to Intervene as a Defendant. ERROR: Memorandum in support attached to motion. CORRECTION: Memorandum removed and filed at entry #13. (kew)

April 2, 2026

April 2, 2026

14

MOTION by United States of America to Compel Federal Election Records Under the Civil Rights Act of 1960 (Attachments: # 1 Declaration of E. Neff, # 2 Letter to WV, # 3 Refusal Letter, # 4 NC Consent Decree, # 5 Georgia Complaint, # 6 Georgia Consent Decree, # 7 Texas MOU)(Gardner, Christopher)

1 Affidavit Declaration of E. Neff

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2 Exhibit Letter to WV

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3 Exhibit Refusal Letter

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4 Exhibit NC Consent Decree

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5 Exhibit Georgia Complaint

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6 Exhibit Georgia Consent Decree

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7 Exhibit Texas MOU

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April 3, 2026

April 3, 2026

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15

MEMORANDUM by United States of America supporting 14 MOTION by United States of America to Compel Federal Election Records Under the Civil Rights Act of 1960 (Gardner, Christopher)

April 3, 2026

April 3, 2026

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16

NOTICE OF APPEARANCE by Raymond Yang on behalf of United States of America. (Yang, Raymond)

April 7, 2026

April 7, 2026

17

STATEMENT OF VISITING ATTORNEY from Daniel S Lenz on behalf of West Virginia Citizen Action Group. Local counsel: Aubrey Sparks. Fee $50.00. Receipt # AWVSDC-9086223. (Sparks, Aubrey)

April 15, 2026

April 15, 2026

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18

STATEMENT OF VISITING ATTORNEY from Renata O'Donnell on behalf of West Virginia Citizen Action Group. Local counsel: Aubrey Sparks. Fee $50.00. Receipt # AWVSDC-9086225. (Sparks, Aubrey)

April 15, 2026

April 15, 2026

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19

STATEMENT OF VISITING ATTORNEY from Maura Eileen O'Connor on behalf of West Virginia Citizen Action Group. Local counsel: Aubrey Sparks. Fee $50.00. Receipt # AWVSDC-9087167. (Sparks, Aubrey)

April 16, 2026

April 16, 2026

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20

STATEMENT OF VISITING ATTORNEY from Justin Lam on behalf of West Virginia Citizen Action Group. Local counsel: Aubrey Sparks. Fee $50.00. Receipt # AWVSDC-9087172. (Sparks, Aubrey)

April 16, 2026

April 16, 2026

21

MOTION by West Virginia Citizen Action Group for Leave to File Memorandum in Opposition to the 14 MOTION by United States of America to Compel Federal Election Records Under the Civil Rights Act of 1960 (Attachment: # 1 Exhibit A)(Sparks, Aubrey)

1 Exhibit A

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April 17, 2026

April 17, 2026

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22

MEMORANDUM by West Virginia Citizen Action Group in opposition to 14 MOTION by United States of America to Compel Federal Election Records Under the Civil Rights Act of 1960 (Sparks, Aubrey)

April 17, 2026

April 17, 2026

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23

MOTION by West Virginia Alliance for Retired Americans for Leave to File Response to 14 MOTION by United States of America to Compel Federal Election Records Under the Civil Rights Act of 1960. (Attachment: # 1 Exhibit 1)(Smith, Christina) (Modified on 4/20/2026 to add link to #14 motion) (kew).

1 Exhibit 1

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April 17, 2026

April 17, 2026

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24

MOTION by Kris Warner to Dismiss 1 Complaint. (Attachment: # 1 Exhibit A)(Williams, Michael) (Modified on 4/30/2026 to add link to #1 complaint) (kew).

1 Exhibit A

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April 29, 2026

April 29, 2026

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25

MEMORANDUM OF LAW by Kris Warner in support of 24 MOTION by Kris Warner to Dismiss 1 Complaint. (Williams, Michael)

April 29, 2026

April 29, 2026

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26

RESPONSE by Kris Warner in opposition to 14 MOTION by United States of America to Compel Federal Election Records Under the Civil Rights Act of 1960. (Attachment: # 1 Exhibit A)(Williams, Michael)

1 Exhibit A - 2.11.2026 Letter

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April 29, 2026

April 29, 2026

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27

NOTICE OF APPEARANCE by Caleb Allen Seckman on behalf of Kris Warner. (Seckman, Caleb)

April 30, 2026

April 30, 2026

28

SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Kris Warner, Kris Warner served on 4/23/2026, answer due 5/14/2026. (Yang, Raymond)

May 4, 2026

May 4, 2026

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29

STATEMENT OF VISITING ATTORNEY from Adriel I. Cepeda Derieux on behalf of West Virginia Citizen Action Group. Local counsel: Aubrey Sparks. Fee $50.00. Receipt # AWVSDC-9101171. (Sparks, Aubrey)

May 5, 2026

May 5, 2026

30

MOTION by Democratic National Committee for Leave to File a Brief as Amicus Curiae (Attachment: # 1 Proposed Order)(Bastress, Robert)

1 Proposed Order

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May 6, 2026

May 6, 2026

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31

MEMORANDUM by Democratic National Committee in support of 30 MOTION by Democratic National Committee for Leave to File a Brief as Amicus Curiae (Bastress, Robert)

May 6, 2026

May 6, 2026

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32

AMICUS BRIEF by Democratic National Committee in opposition to 14 MOTION by United States of America to Compel Federal Election Records Under the Civil Rights Act of 1960 (Bastress, Robert)

May 6, 2026

May 6, 2026

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33

STATEMENT OF VISITING ATTORNEY from Daniel J. Freeman on behalf of Democratic National Committee. Local counsel: Robert M. Bastress III. Fee $50.00. Receipt # AWVSDC-9101362. (Bastress, Robert)

May 6, 2026

May 6, 2026

34

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Interested Party Democratic National Committee (Bastress, Robert)

May 6, 2026

May 6, 2026

35

MOTION by United States of America for Leave to File Response in Opposition to 4 and 11 Motions to Intervene. (Gardner, Christopher) (Modified on 5/11/2026 to add links to #4 and #11 motions) (kew).

May 8, 2026

May 8, 2026

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36

RESPONSE by United States of America in opposition to 4 MOTION by West Virginia Alliance for Retired Americans to Intervene and 11 MOTION by West Virginia Citizen Action Group to Intervene. (Gardner, Christopher)

May 8, 2026

May 8, 2026

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37

NOTICE OF APPEARANCE by James Thomas Catania on behalf of United States of America. (Catania, James)

May 13, 2026

May 13, 2026

38

MOTION by United States of America to Exceed Page Limits for Memorandum in Response. (Gardner, Christopher)

May 13, 2026

May 13, 2026

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39

MEMORANDUM by United States of America in response to 24 MOTION by Kris Warner to Dismiss 1 Complaint and REPLY to 26 Response In Opposition. (Attachments: # 1 Second Declaration of Eric Neff, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11, # 7 Exhibit 12, # 8 Exhibit 13, # 9 Exhibit 14, # 10 Exhibit 15, # 11 Exhibit 16, # 12 Exhibit 17, # 13 Exhibit 18)(Gardner, Christopher)

1 Second Declaration of Eric Neff

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2 Exhibit 7

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3 Exhibit 8

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4 Exhibit 9

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5 Exhibit 10

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6 Exhibit 11

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7 Exhibit 12

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8 Exhibit 13

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9 Exhibit 14

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10 Exhibit 15

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11 Exhibit 16

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12 Exhibit 17

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13 Exhibit 18

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May 13, 2026

May 13, 2026

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40

MOTION by West Virginia Citizen Action Group for Leave to File Motion to Dismiss. (Sparks, Aubrey)

May 14, 2026

May 14, 2026

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41

MOTION by West Virginia Citizen Action Group to Dismiss 1 Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Sparks, Aubrey)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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May 14, 2026

May 14, 2026

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42

MEMORANDUM OF LAW by West Virginia Citizen Action Group in support of 41 MOTION by West Virginia Citizen Action Group to Dismiss 1 Complaint. (Sparks, Aubrey)

May 14, 2026

May 14, 2026

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43

MOTION by West Virginia Alliance for Retired Americans for Leave to File Motion to Dismiss the Complaint. (Platz, Graham)

May 14, 2026

May 14, 2026

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44

MOTION by West Virginia Alliance for Retired Americans to Dismiss 1 Complaint. (Platz, Graham) (Modified on 5/15/2026 to add link to #1 complaint) (kew).

May 14, 2026

May 14, 2026

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45

MEMORANDUM OF LAW by West Virginia Alliance for Retired Americans in support of 44 MOTION by West Virginia Alliance for Retired Americans to Dismiss 1 Complaint. (Platz, Graham)

May 14, 2026

May 14, 2026

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46

RESPONSE by West Virginia Citizen Action Group in opposition to 35 MOTION by United States of America for Leave to File Response in Opposition to 4 and 11 Motions to Intervene and REPLY to 36 Response In Opposition. (Sparks, Aubrey) (Modified on 5/18/2026 to add link to #35 motion) (kew).

May 15, 2026

May 15, 2026

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47

COMBINED RESPONSE by West Virginia Alliance for Retired Americans in opposition to 35 MOTION by United States of America for Leave to File Response in Opposition to 4 and 11 Motions to Intervene and REPLY to 36 Response In Opposition. (Attachment: # 1 USA v. Evans et al)(Smith, Christina) (Modified on 5/18/2026 to add link to #35 motion) (kew).

1 USA v. Evans et al

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May 15, 2026

May 15, 2026

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48

MOTION by West Virginia Alliance for Retired Americans for Leave to File Notice of Supplemental Authority in Support of Motion to Intervene (Attachments: # 1 Exhibit 1, # 2 Exhibit A)(Smith, Christina)

1 Exhibit 1

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2 Exhibit A

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May 19, 2026

May 19, 2026

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49

REPLY MEMORANDUM by Kris Warner to 39 Memorandum In Opposition. (Williams, Michael)

May 20, 2026

May 20, 2026

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50

NOTICE of Supplemental Authority by Kris Warner re: 14 MOTION by United States of America to Compel Federal Election Records Under the Civil Rights Act of 1960 and 24 MOTION by Kris Warner to Dismiss 1 Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Williams, Michael)

1 Exhibit A

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2 Exhibit B

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May 22, 2026

May 22, 2026

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51

RESPONSE by United States of America re: 50 Notice of Supplemental Authority. (Catania, James)

June 2, 2026

June 2, 2026

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Case Details

State / Territory:

West Virginia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: Feb. 26, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

Southern District of West Virginia 2:26-cv-00156

Available Documents:

Complaint (any)

Trial Court Docket

Issues

Voting:

Access to Voter Rolls / Voter Information

Recommended Citation