Case: Oppenheim v. Watson

25CH1:20-cv-00961 | Mississippi 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 September 8, 2020, Plaintiffs sued Mississippi Secretary of State Michael Watson for a declaratory judgment regarding the meaning of the absentee ballot provision in Mississippi law (Section 23-15-713(d)) and who can vote absentee in the context of the COVID-19 pandemic, including clarification regarding the meaning of "ph…

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 September 8, 2020,

Plaintiffs sued Mississippi Secretary of State Michael Watson for a declaratory judgment regarding the meaning of the absentee ballot provision in Mississippi law (Section 23-15-713(d)) and who can vote absentee in the context of the COVID-19 pandemic, including clarification regarding the meaning of "physician-imposed quarantine" and "dependent" in Section 23-15-713(d). In particular, plaintiffs asked the court to declare that: (1) "any elector who has an underlying physical condition that places them at a higher risk for severe illness or death from COVID-19 has a physical disability under the terms of the statute and may vote by absentee ballot under Mississippi Code§ 23-15-713(d)"; (2) "a voter may vote absentee if he or she wishes to avoid voting in-person at a polling place due to guidance from the MDH, the CDC, and other physicians or public health authorities to avoid unnecessary public gatherings during the COVID-19 pandemic," because "guidance from the MDH, CDC, or other physician to avoid unnecessary public gatherings or other congregate settings qualifies as a 'physician-imposed quarantine' that a voter could invoke as a 'temporary physical disability' in order to avoid the grave health risks posed by going to the polls and encountering groups of people during this pandemic"; and (3) "a voter may vote absentee if he or she provides care or support to any other individual who is avoiding unnecessary public gatherings during the COVID-19 pandemic," because a dependent is "anyone who is caring for someone who is under a 'physician-imposed quarantine.'" Consistent with the declaration, plaintiffs asked the court to issue a preliminary and permanent injunction ordering the Mississippi Secretary of State to instruct county elections officials about the application of Mississippi Code § 23-15-713( d).

People


Judge(s)
Attorney for Plaintiff

McDuff, Robert B. (Mississippi)

Attorney for Defendant

Fitch, Lynn (Mississippi)

Johnson, Kristi Haskins (Mississippi)

Matheny, Justin L. (Mississippi)

Miracle, Douglas T. (Mississippi)

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Documents in the Clearinghouse

Document
2

25CH1:20-cv-00961

Complaint for Declaratory and Injunctive Relief

Aug. 11, 2020

Aug. 11, 2020

Complaint
25

25CH1:20-cv-00961

Order of the Court

Sept. 2, 2020

Sept. 2, 2020

Order/Opinion

2020-CA-00983-SCT

Opinion

Watson v. Oppenheim

Mississippi state supreme court

Sept. 2, 2020

Sept. 2, 2020

Order/Opinion

2020-CA-00983-SCT

Response/Reply Brief of Appellant/Cross-Appellee Secretary of State Michael Watson

Watson v. Oppenheim

Mississippi state supreme court

Sept. 10, 2020

Sept. 10, 2020

Pleading / Motion / Brief

Resources

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Mississippi

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