Case: The Republican State Committee of Delaware v. The State of Delaware Department of Elections

2020-0685-SG | Delaware state trial court

Filed Date: 2020

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Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 10/31/2020,

A new Delaware law allows all voters to vote absentee, regardless of reason. The Delaware Constitution, however, enumerates permissible reasons for voters voting absentee. Plaintiffs claim that the new law, HB 346, violates the Delaware Constitution's limitations on permissible reasons for casting an absentee ballot. And Plaintiffs seek declaratory and injunctive relief to block the November election from proceeding with universal absentee voting, particularly, Plaintiffs allege, because such voting will increase fraud and is unnecessary when all polling places will be open and the approved list of reasons for voting absentee is already broad enough to protect public health.

People


Judge(s)

Glasscock, Sam (Delaware)

Attorney for Plaintiff
Attorney for Defendant

Boyer, Matthew F (Delaware)

Broujos, Frank (Delaware)

Goldstein, Aaron R. (Delaware)

Hall, Trisha W (Delaware)

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Documents in the Clearinghouse

Document

Verified Complaint

Aug. 19, 2020

Aug. 19, 2020

Complaint

2020-0685-SG

Memorandum Opinion

Sept. 24, 2020

Sept. 24, 2020

Order/Opinion

Resources

Docket

Last updated March 10, 2024, 1:46 p.m.

ECF Number Description Date Link Date / Link
86463498

Complaint for Injunctive Relief and Declaratory Judgment

1 Verification to Complaint by Jane Brady

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2 Verification to Complaint by Paula Manolakos

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3 Verification to Complaint by John Foltz

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4 Rule 3(a) Supplemental Information Sheet

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5 Proposed Order Granting Plaintiffs' Motion to Expedite Proceedings

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Aug. 19, 2020

Aug. 19, 2020

86463503

Plaintiffs' Motion to Expedite Proceedings

Aug. 19, 2020

Aug. 19, 2020

86463505

Exhibits A through G to Verified Complaint

Aug. 19, 2020

Aug. 19, 2020

86471244

Summons Instruction Letter to Issue Summons to Special Process Server Reliable Companies to Serve Defendants pursuant to 10 Del. C. § 3103(c) and Court of Chancery Rule 4

Aug. 20, 2020

Aug. 20, 2020

86471564

Issued one original and two copies of summonses pursuant to 10 Del. C. 3101(c). Sent via Fed Ex to Special Process Server, per Counsel's request.

Aug. 20, 2020

Aug. 20, 2020

86476096

Summons Directed to Defendants (pursuant to 10 Del. C. § 3103(c)) and Affidavit of Service by Special Process Server Reliable Companies of Summons, Verified Complaint, and Motion to Expedite

Aug. 21, 2020

Aug. 21, 2020

86502780

Letter to Counsel scheduling teleconference 9-2-20 at 10:00 a.m.

Aug. 28, 2020

Aug. 28, 2020

86517239

Order

Sept. 1, 2020

Sept. 1, 2020

86521968

Judicial Action Form completed by Juli LaBadia, Court Reporter. Motion to Expedite held telephonically on 9-2-20. Motion to expedite granted. Opening brief due 9-9-20. Answering brief due 9-16-20. Reply due 9-21-20. Hearing scheduled for 9-24-20 at 9:30 a.m. via Zoom. See transcript.

Sept. 2, 2020

Sept. 2, 2020

86522228

Letter from Julia B. Klein (DE 5198) Submitting Order Granting Plaintiffs' Motion to Expedite and Setting Oral Argument

1 Order [Proposed] Implementing the Court's Ruling on Plaintiff's Motion for Expedited Proceedings and Setting Oral Argument

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Sept. 2, 2020

Sept. 2, 2020

86524355

Granted (Order [Proposed] Implementing the Court's Ruling on Plaintiff's Motion for Expedited Proceedings and Setting Oral Argument)

Sept. 2, 2020

Sept. 2, 2020

86524855

Entry of Appearance of Allison J. McCowan on behalf of Defendants State of Delaware, Department of Elections and Anthony J. Albence, State Election Commissioner

Sept. 3, 2020

Sept. 3, 2020

86547304

Please enter the appearance of Max B. Walton, Esq., Matthew F. Boyer, Esq., and Trisha W. Hall, Esq., of Connolly Gallagher LLP, on behalf of the Defendants as co-counsel with the Department of Justice, with Certificate of Service

Sept. 9, 2020

Sept. 9, 2020

86552219

Plaintiffs' Opening Brief in Support of their Motion for Summary Judgment

1 Certificate of Service of Plaintiffs' Opening Brief

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Sept. 10, 2020

Sept. 10, 2020

86553292

Defendants' Motion to Consolidate

1 Certificate of Service of Defendants' Motion to Consolidate

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2 Letter to the Honorable Sam Glasscock III from Allison J. McCowan re courtesy copy of Defendants; Motion to Consolidate

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Sept. 10, 2020

Sept. 10, 2020

86553988

Entry of Appearance of Frank N. Broujos and Ilona M. Kirshon on behalf of Defendants State of Delaware, Department of Elections and Anthony J, Albence

Sept. 10, 2020

Sept. 10, 2020

86557318

Letter to The Honorable Same Glasscock, III, from Max B. Walton, providing a letter outlining the briefing and argument dates per the Court's request

Sept. 11, 2020

Sept. 11, 2020

86562972

Judicial Action Form completed by Dennel Niezgoda, Court Reporter. Teleconference held 9-11-20 regarding logistics of Oral Argument via Zoom. Counsel agreed to use services of CourtScribes for upcoming oral argument. Coordination of testing will be done prior to proceeding.

Sept. 11, 2020

Sept. 11, 2020

86585173

Defendants' Answering Brief in Opposition to Plaintiffs' Motion for Summary Judgment, with Certificate of Service

1 Transmittal Affidavit of Max B. Walton

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2 Exhibits A-J to the Transmittal Affidavit of Max B. Walton

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3 Exhibits A-J to the Transmittal Affidavit of Max B. Walton

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4 Affidavit of Karyl Thomas Rattay, MD, MS

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Sept. 17, 2020

Sept. 17, 2020

86587101

Affidavit of Anthony J. Albence

1 Exhibits A-B to the Affidavit of Anthony J. Albence

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Sept. 17, 2020

Sept. 17, 2020

86602673

Entry of Appearance of Attorney General Kathleen M. Jennings and State Solicitor Aaron R. Goldstein on behalf of Defendants State of Delaware Department of Elections and Anthony J. Albence with Certificate of Service.

Sept. 21, 2020

Sept. 21, 2020

86604374

Plaintiffs' Reply Brief in Further Support of their Motion for Summary Judgment

1 Declaration of Jane Brady Pursuant to 10 Del C 3927 in Further Support of Plaintiffs' Reply Brief in Further Support of their Motion for Summary Judgment

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2 Certificate of Service of Plaintiffs' Reply Brief in Further Support of their Motion for Summary Judgment

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Sept. 22, 2020

Sept. 22, 2020

86610377

Defendants' Corrected Answering Brief in Opposition to Plaintiffs' Motion for Summary Judgment with Certificate of Service

1 Letter to The Honorable Sam Glasscock, III from Max B. Walton, Esq., regarding errors in the Table of Contents and the Table of Authorities to our answering brief filed on September 16, 2020. Those errors are fixed in the Corrected Copy of the brief.

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Sept. 22, 2020

Sept. 22, 2020

86622447

Judicial Action Form completed by Debi Donnelly, Court Reporter. Oral Argument held 9-24-20 on Motion for Summary Judgment. Taken under advisement. See transcript.

Sept. 24, 2020

Sept. 24, 2020

86620710

Letter from Julia B. Klein (DE 5198) to the Honorable Sam Glasscock Regarding Clarification of Statement on the Record at September 24, 2020, Hearing

Sept. 25, 2020

Sept. 25, 2020

86623128

Letter to the Honorable Sam Glasscock, III from Allison J. McCowan, Deputy Attorney General regarding follow up information related to oral argument.

1 Exhibit A - Port Penn Hunting Lodge Ass'n v. Meyer, 2019 WL 2077600 (Del. Ch. May 9, 2019)

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Sept. 25, 2020

Sept. 25, 2020

86635443

Opinion

Sept. 28, 2020

Sept. 28, 2020

86640159

Letter from Julia B. Klein (DE 5198) to the Honorable Sam Glasscock Enclosing Consensual Implementing Order

1 Enclosure to Letter from Julia B. Klein (DE 5198) to the Honorable Sam Glasscock Enclosing Consensual Implementing Order

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Sept. 30, 2020

Sept. 30, 2020

86644048

Granted (Enclosure to Letter from Julia B. Klein (DE 5198) to the Honorable Sam Glasscock Enclosing Consensual Implementing Order)

Sept. 30, 2020

Sept. 30, 2020

86552205

Plaintiffs' Motion for Summary Judgment

1 Proposed Order Granting Plaintiffs' Motion for Summary Judgment

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2 Certificate of Service of Plaintiffs' Motion for Summary Judgment

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Oct. 15, 2020

Oct. 15, 2020

87012372

Letter to Counsel

Dec. 31, 2020

Dec. 31, 2020

Case Details

State / Territory: Delaware

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: 2020