Case: American Federation of Teachers v. Gardner

216-2020-CV-00570 | New Hampshire state trial court

Filed Date: 2020

Case Ongoing

Clearinghouse coding in progress

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 October 7, 2020, New Hampshire has traditionally been an in-person registration and voting state, with 90% of the electorate voting in person in the 2016 and 2018 elections. Plaintiffs contend that the absentee registration request process is unduly cumbersome and would lead to disenfranchisement of New Hampshire citizens …

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 October 7, 2020,

New Hampshire has traditionally been an in-person registration and voting state, with 90% of the electorate voting in person in the 2016 and 2018 elections. Plaintiffs contend that the absentee registration request process is unduly cumbersome and would lead to disenfranchisement of New Hampshire citizens who are navigating the absentee registration and voting process for the first time. In particular, Plaintiffs challenge New Hampshire’s witness requirement, documentation requirement, and Election Day receipt deadline. Additionally, Plaintiffs also challenge the postage requirement, citing excessive burden and costs. Plaintiffs request that court find these rules and requirements to be in violation of the New Hampshire Constitution and to enjoin the state from enforcing these requirements.

People


Judge(s)

Delker, N. William (New Hampshire)

Attorney for Plaintiff

Callais, Amanda R. (District of Columbia)

Conley, William Martin (Wisconsin)

Dutton, Steven J (New Hampshire)

Elias, Marc Erik (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

216-2020-CV-00570

Complaint for Declaratory and Injunctive Relief

Aug. 11, 2020

Aug. 11, 2020

Complaint

216-2020-CV-00570

Amended Complaint for Declaratory and Injunctive Relief

Aug. 31, 2020

Aug. 31, 2020

Complaint

216-2020-CV-00570

Order

Oct. 2, 2020

Oct. 2, 2020

Order/Opinion

Resources

Docket

Last updated Jan. 30, 2024, 10:41 p.m.

ECF Number Description Date Link Date / Link

Appearance Of Steven J. Dutton, Esq. obo Plt

Aug. 11, 2020

Aug. 11, 2020

Complaint - Civil Req Temp and Perm Injunction

Aug. 11, 2020

Aug. 11, 2020

Service: Service

Aug. 20, 2020

Aug. 20, 2020

Summons on Complaint - Env # 1285460

Aug. 20, 2020

Aug. 20, 2020

Service

Aug. 21, 2020

Aug. 21, 2020

Motion to Intervene Donald J. Trump for President, Inc. and Republican National Committee

Aug. 24, 2020

Aug. 24, 2020

Acceptance of Service on Defs

Aug. 24, 2020

Aug. 24, 2020

Appearance of Richard Lehmann for Intervenors

Aug. 25, 2020

Aug. 25, 2020

Appearance of Jennifer Ramsey for Defs

Aug. 25, 2020

Aug. 25, 2020

Appearance of Anthony J. Galdieri for Defs

Aug. 26, 2020

Aug. 26, 2020

Appearance of Daniel E. Will for Defs

Aug. 26, 2020

Aug. 26, 2020

Appearance of Samuel R.V. Garland for Defs

Aug. 26, 2020

Aug. 26, 2020

Motion to Appear Pro Hac Vice Patrick Strawbridge-Assented for Intervenor

Aug. 27, 2020

Aug. 27, 2020

Granted Env # 1301641

Aug. 29, 2020

Aug. 29, 2020

Obj-Motion to Intervene Plt

Aug. 31, 2020

Aug. 31, 2020

Motion to Appear Pro Hac Vice Amanda R. Callais, Esq-Assented obo Plt

Aug. 31, 2020

Aug. 31, 2020

Motion to Appear Pro Hac Vice Bruce V. Spiva, Esq-Assented obo Plt

Aug. 31, 2020

Aug. 31, 2020

Granted - Env # 1304355

Sept. 1, 2020

Sept. 1, 2020

Granted - Env # 1304355

Sept. 1, 2020

Sept. 1, 2020

Amended Complaint Plt

Sept. 1, 2020

Sept. 1, 2020

Motion to Amend Complaint to add "Mary Wilke" as plt/Plt

Sept. 1, 2020

Sept. 1, 2020

Hearing: Hearing-Motion to Intervene Prior to Preliminary Hearing VIA WEBEX (Amended Notice) (Env # 1293552)

Sept. 1, 2020

Sept. 1, 2020

Appearance of Amanda R. Callais, Pro Hac/Plt

Sept. 2, 2020

Sept. 2, 2020

Appearance of Bruce V. Spiva, Pro Hac/Plt

Sept. 2, 2020

Sept. 2, 2020

Motion to Appear Pro Hac Vice for Tre A. Holloway-Assented/Plt

Sept. 2, 2020

Sept. 2, 2020

Court Order as to Deadlines on Obj to Motion for Preliminary Injunction and Motion to Stay (Env # 1305778)

Sept. 2, 2020

Sept. 2, 2020

Affidavit in support of mo Prel Injunction-Part IV/Plt

Sept. 2, 2020

Sept. 2, 2020

Motion for Prel Injunction-Part III/Plt

Sept. 2, 2020

Sept. 2, 2020

Motion for Prel Injunction-Part II/Plt

Sept. 2, 2020

Sept. 2, 2020

Motion for Prel Injunction-Part I w/proposed order/Plt

Sept. 2, 2020

Sept. 2, 2020

Affidavit of David Scanlan in Support of Mo Stay-Part 2 Ex. E - K/Defs

Sept. 4, 2020

Sept. 4, 2020

Affidavit of David Scanlan in Support of Mo Stay-Part 1 Ex. A - D/Defs

Sept. 4, 2020

Sept. 4, 2020

Memorandum of Law in Support of Mo to Stay/Defs

Sept. 4, 2020

Sept. 4, 2020

Motion to Stay Defs

Sept. 4, 2020

Sept. 4, 2020

Granted (Env # 1309852)

Sept. 4, 2020

Sept. 4, 2020

Court Order on Motion to Intervene - GRANTED (Env # 1309852)

Sept. 4, 2020

Sept. 4, 2020

Motion to Appear Pro Hac Vice Will Conley, Esq.-Assented/Plt

Sept. 8, 2020

Sept. 8, 2020

Motion to Appear Pro Hac Vice Marc E. Elias, Esq-Assented/Plt

Sept. 8, 2020

Sept. 8, 2020

Motion to Appear Pro Hac Vice Alexi M. Velez, Esq-Assented/Plt

Sept. 9, 2020

Sept. 9, 2020

Obj-Motion to Stay Plt

Sept. 9, 2020

Sept. 9, 2020

Brief Statement in Support of Mo to Stay-Corrected/Intervenors

Sept. 9, 2020

Sept. 9, 2020

Brief Statement in Support of Mo to Stay/Intervenors

Sept. 9, 2020

Sept. 9, 2020

Granted - Env # 1315900

Sept. 9, 2020

Sept. 9, 2020

Granted - Env # 1315900

Sept. 9, 2020

Sept. 9, 2020

Appearance of Pro Hac-Tre A. Holloway for Plt

Sept. 10, 2020

Sept. 10, 2020

Obj-Motion to Amend Complaint Defs

Sept. 10, 2020

Sept. 10, 2020

Appearance of Will Conley, Esq. obo Plt Pro Hac Vice

Sept. 11, 2020

Sept. 11, 2020

Appearance Marc E. Elias, Esq. obo Plt Pro Hac Vice

Sept. 11, 2020

Sept. 11, 2020

Notice of Intent to Reply to Objection to Motion to Amend Complaint/Plt

Sept. 11, 2020

Sept. 11, 2020

Notice of Intent to Reply to Objection to Motion to Stay/Dfts

Sept. 12, 2020

Sept. 12, 2020

Granted - Env # 1319357

Sept. 13, 2020

Sept. 13, 2020

Motion to Extend Time to File Objection to Mo for Pre. Inj. Assented-to/Dfts

Sept. 14, 2020

Sept. 14, 2020

Motion to Extend Time To Response to Plf's Mo. for Preliminary Injunction - Assented/Dfts

Sept. 14, 2020

Sept. 14, 2020

Appearance Of Alexi M. Velez, Esq. obo Plt Pro Hac Vice

Sept. 14, 2020

Sept. 14, 2020

Granted - Env # 1323093

Sept. 15, 2020

Sept. 15, 2020

Granted - Env # 1323093

Sept. 15, 2020

Sept. 15, 2020

Other Appendix of Cases/Intervenor

Sept. 16, 2020

Sept. 16, 2020

Obj-Motion to Motion for Preliminary Injunction/Dfts

Sept. 16, 2020

Sept. 16, 2020

Memorandum of Law in Opposition of Motion for Preliminary Injunction/Intervenor

Sept. 16, 2020

Sept. 16, 2020

Response to Objection To Motion to Amend/Plt

Sept. 16, 2020

Sept. 16, 2020

Court Order Regarding Allottment of Time for 9/24/20 Hearing, see Index # 49 (Env # 1326910)

Sept. 17, 2020

Sept. 17, 2020

Court Order - Ruling on Motion to Stay will not Issue until after 9/24/20 hearing, see Index # 49

Sept. 17, 2020

Sept. 17, 2020

Granted - Env 1326465

Sept. 17, 2020

Sept. 17, 2020

Response to Objection to Motion to Stay-Def

Sept. 18, 2020

Sept. 18, 2020

Notice of Intent to Reply To Objs. to Motion for Pre Injuction/Plt

Sept. 21, 2020

Sept. 21, 2020

Motion to Dismiss Dfts

Sept. 21, 2020

Sept. 21, 2020

Affidavit Supplemental Affidavit of Deputy SOS David Scanlan

Sept. 23, 2020

Sept. 23, 2020

Objection to Offer of Proof/Defs

Sept. 24, 2020

Sept. 24, 2020

Brief Statement Notice of Suppl Authority/Defs

Sept. 24, 2020

Sept. 24, 2020

Other Attachment to Response to Obj/Plt

Sept. 24, 2020

Sept. 24, 2020

Other Attachment to Response to Obj/Plt

Sept. 24, 2020

Sept. 24, 2020

Response to Objection Plt

Sept. 24, 2020

Sept. 24, 2020

Hearing: Preliminary Hearing VIA WEBEX (Env # 1305778) 2.5 hours allotted per order of 9/27/20

Sept. 24, 2020

Sept. 24, 2020

Response to Objection to Offer of Proof/Plt

Sept. 28, 2020

Sept. 28, 2020

Other Second Notice of Supplemental Authority/Defs

Sept. 28, 2020

Sept. 28, 2020

Other Notice of Supplemental Authority/Plt

Sept. 29, 2020

Sept. 29, 2020

Brief Statement Second Notice of Suppl Authority/Plts

Sept. 30, 2020

Sept. 30, 2020

Motion to Extend Time to Answer Assented/Intervenors

Sept. 30, 2020

Sept. 30, 2020

Response to Response to Objection to Offer of Proof/Dfts

Oct. 1, 2020

Oct. 1, 2020

Obj-Motion to Dismiss Plts

Oct. 1, 2020

Oct. 1, 2020

Other Third Notice of Supplemental Authority/Dfts

Oct. 1, 2020

Oct. 1, 2020

Granted - Env # 1351329

Oct. 1, 2020

Oct. 1, 2020

Granted in Part see # 67

Oct. 2, 2020

Oct. 2, 2020

Granted in Part - see # 67

Oct. 2, 2020

Oct. 2, 2020

Granted with respect to request to compel Secretary of State to comply with terms of RSA 654:16 and RSA 654:18 (see # 67)

Oct. 2, 2020

Oct. 2, 2020

Court Order re Motion for Preliminary Injunction (Env # 1352133)

Oct. 2, 2020

Oct. 2, 2020

Motion to Reconsider 10/2/2020 order (#67)/Defs

Oct. 5, 2020

Oct. 5, 2020

Motion to Extend Time to Respond to Amended Complaint-Assented/Intervenors

Oct. 13, 2020

Oct. 13, 2020

Obj-Motion to Reconsider 10/2/2020 order/Plt

Oct. 15, 2020

Oct. 15, 2020

Motion to Extend Time to Answer -Defs Assented to

Oct. 16, 2020

Oct. 16, 2020

Notice of Intent to Reply to Obj to Mo for Reconsideration - Defs

Oct. 19, 2020

Oct. 19, 2020

Granted Env # 1378429

Oct. 20, 2020

Oct. 20, 2020

Granted Env # 1378429

Oct. 20, 2020

Oct. 20, 2020

Response to Objection to Motion for Reconsideration/Dfts

Oct. 26, 2020

Oct. 26, 2020

Court Order on Motion to Reconsider - No further Reielf Required at this Time (Env # 1402710)

Nov. 2, 2020

Nov. 2, 2020

Interlocutory Appeal Statement Plt

Nov. 3, 2020

Nov. 3, 2020

Motion for Interlocutory Appeal Plt

Nov. 3, 2020

Nov. 3, 2020

Obj-Motion for Interlocutory Appeal/Intervenors

Nov. 13, 2020

Nov. 13, 2020

Obj-Motion for Entry of Interlocutory Appeal Statement/Dfts

Nov. 13, 2020

Nov. 13, 2020

Notice of Intent to Reply to obj Mo For Entry -Plts

Nov. 16, 2020

Nov. 16, 2020

Case Details

State / Territory: New Hampshire

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: 2020

Case Ongoing: Yes

Plaintiffs

Attorney Organizations:

Perkins Coie