Filed Date: March 26, 2020
Clearinghouse coding complete
On March 26, 2020, the Christian Ministerial Alliance and two voters filed a suit against the Governor and Secretary of State of Arkansas against the Election Day receipt deadline. Filed in the U.S. District Court for the Eastern District of Arkansas, the plaintiffs sought declaratory action under 28 U.S.C. §§ 2201-02 and injunctive relief under 42 U.S.C. § 1983 and 52 U.S.C. § 10301 enjoining the Election Day Receipt deadline. The plaintiffs alleged that the deadline posed significant risks for voters in violation of the First and Fourteenth Amendment, as well as Section 2 of the Voting Rights Act. The following day, the plaintiffs also submitted an emergency temporary restraining order (TRO) and a preliminary injunction requiring the defendants to accept ballots that are postmarked before or on election day that arrives within 10 days of election day. The case was assigned to Judge James M Mood Jr. and the plaintiffs were represented by the NAACP Legal Defense and Educational Fund.
On March 20, the Governor of Arkansas issued an Executive Order declaring a state of emergency, suspending the prerequisites required to vote through an absentee ballot for the 2020 elections. Specifically, the March 24 deadline for absentee ballot applications to be submitted by email, fax, or mail was waived. However, the requirement that election officials receive absentee ballots by 7:30 PM on Election Day, or the Election Day Receipt deadline was not suspended. The plaintiffs alleged that the Executive Order loosening the absentee ballot requirement was insufficient to protect the fundamental right to vote for the March runoff elections, as the restrictions continued to pose a direct and severe obstacle to absentee voting. Further, the plaintiffs noted that barriers to voting disproportionately impacted Black voters, given the history of discrimination against Black people and socioeconomic disparity in Arkansas.
On March 30, the defendants filed a response to the motion for TRO. The defendants argued that the plaintiffs did not have standing and the injury was not caused by the defendants, and even if the state had burdened the plaintiffs’ right to vote, the defendants had compelling interests to justify their actions.
On the same day, the emergency TRO was denied. 2020 WL 1531359. The court found that the plaintiffs failed to articulate the injury suffered by the defendant and that the plaintiffs’ right to vote had already been made easier through the March 20 Executive Order. The same day, the Republican Party of Arkansas moved to intervene as defendants.
On March 31, the plaintiffs filed a notice of voluntary dismissal.
Summary Authors
Averyn Lee (7/4/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17026220/parties/mays-v-thurston/
Moody, James Maxwell Jr. (Arkansas)
Aden, Leah C. (New York)
Ifill, Sherrilyn (New York)
Ross, Deuel (New York)
Cooper, William S (Arkansas)
See docket on RECAP: https://www.courtlistener.com/docket/17026220/mays-v-thurston/
Last updated March 15, 2025, 10:31 a.m.
State / Territory: Arkansas
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 26, 2020
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Two individual voters and a non-profit organization
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Secretary of State of Arkansas, State
Case Details
Causes of Action:
Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
COVID-19:
Discrimination Basis:
Affected Race(s):
Voting: