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 complete

Case Summary

This was a case seeking to compel the State of West Virginia to provide the U.S. Department of Justice (DOJ) with a statewide voter registration list (SVRL).  On September 8, 2025, the Attorney General contacted the West Virginia Secretary of State (“Secretary”)  asking for the SVRL “with all fields”, including voters’ full name, date of birth, address, and either a driver’s license number or the last four digits of their social security number. The DOJ stated that Title III of the Civil Rights…

This was a case seeking to compel the State of West Virginia to provide the U.S. Department of Justice (DOJ) with a statewide voter registration list (SVRL). 

On September 8, 2025, the Attorney General contacted the West Virginia Secretary of State (“Secretary”)  asking for the SVRL “with all fields”, including voters’ full name, date of birth, address, and either a driver’s license number or the last four digits of their social security number. The DOJ stated that Title III of the Civil Rights Act of 1960 (CRA) was the basis of its demand and that they sought the SVRL to ascertain West Virginia’s compliance with the Help America Vote Act (HAVA) and National Voter Registration Act (NVRA). On September 22, the Secretary responded, claiming that the DOJ lacked a proper purpose for examining the SVRL under the scope of Title III and that West Virginia law prohibited him from providing the records with all fields. West Virginia Code § 3-2-30(a) requires the state to maintain voter registration records accessible to the public, but the records may not contain voters’ driver’s license or social security numbers.

On February 26, 2026, the DOJ filed this lawsuit in the United States District Court for the Southern District of West Virginia. It sued the West Virginia Secretary of State under Title III of the CRA for refusing to provide the SVRL with all fields. The CRA authorizes the DOJ to demand a state’s election records if it provides the state with a sufficient basis and purpose. The DOJ sought a declaratory judgment and an order compelling the West Virginia Secretary of State to provide the DOJ with the SVRL and any other election documents necessary to ascertain West Virginia’s compliance with the HAVA and NVRA. 

The case was assigned to Judge Thomas E. Johnston.

On April 29, 2026, the Secretary filed a motion to dismiss, arguing that the Attorney General’s demand lacked a sufficient basis and purpose. On July 13, 2026, the Court granted the motion to dismiss. The Court held that the DOJ needs a basis in fact to demand voting records; it may not merely use the CRA itself as a basis. Moreover, the Court held that the DOJ’s ‘purpose’ must relate to investigating violations of individuals’ voting rights. 

As of July 22, 2026, the DOJ has not appealed.

Summary Authors

Sam Black (7/22/2026)

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
56

2:26-cv-00156

[Untitled]

July 13, 2026

July 13, 2026

Docket

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

Last updated July 22, 2026, 3:23 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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52

MOTION by West Virginia Alliance for Retired Americans for Leave to File West Virginia Alliance for Retired Americans' Motion for Leave to File Second Notice of Supplemental Authority (Attachments: # 1 Exhibit 1 - Notice of Supplemental Authority)(Smith, Christina)

1 Exhibit 1 - Notice of Supplemental Authority

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June 23, 2026

June 23, 2026

53

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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June 25, 2026

June 25, 2026

54

MOTION by West Virginia Alliance for Retired Americans for Leave to File Third Notice of Supplemental Authority (Attachments: # 1 Exhibit Third Notice of Supplemental Authority)(Platz, Graham)

1 Exhibit 1

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June 30, 2026

June 30, 2026

55

RESPONSE by United States of America to 53 Notice of Supplemental Authority. (Catania, James) (Modified on 7/2/2026 to add link to #53 notice) (kew).

July 1, 2026

July 1, 2026

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MEMORANDUM OPINION AND ORDER The 24 MOTION by Kris Warner to Dismiss 1 Complaint is GRANTED; the 14 MOTION by United States of America to Compel Federal Election Records Under the Civil Rights Act of 1960 is DENIED, as set forth more fully herein. Signed by Judge Thomas E. Johnston on 7/13/2026. (cc: counsel of record; any unrepresented party) (kew)

July 13, 2026

July 13, 2026

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57

ORDER denying as moot 4 MOTION by West Virginia Alliance for Retired Americans to Intervene as Defendant and 11 MOTION by West Virginia Citizen Action Group to Intervene as a Defendant. Signed by Judge Thomas E. Johnston on 7/15/2026. (cc: counsel of record; any unrepresented party) (cmb)

July 15, 2026

July 15, 2026

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

Plaintiffs

Plaintiff Description:

The plaintiff is the United States Department of Justice.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Kris Warner

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

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

Other Dockets:

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

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Declaratory judgment

Warrant/Order allowing surveillance

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Access to Voter Rolls / Voter Information

Recommended Citation