Case: Hawkins v. Ziriax

5:20-cv-00687 | U.S. District Court for the Western District of Oklahoma

Filed Date: July 15, 2020

Closed Date: Oct. 1, 2020

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Case Summary

This is a case about the special requirements Oklahoma placed on presidential candidates who wanted to be added to the ballot as representatives of a non-mainstream political party. Seven Oklahoma voters and the Green Party's 2020 U.S. presidential candidate filed this lawsuit against the Secretary of the Oklahoma State Election Board in the U.S. District Court for the Western District of Oklahoma on July 15, 2020. Oklahoma officially recognized three political parties: Democrat, Republican, an…

This is a case about the special requirements Oklahoma placed on presidential candidates who wanted to be added to the ballot as representatives of a non-mainstream political party. Seven Oklahoma voters and the Green Party's 2020 U.S. presidential candidate filed this lawsuit against the Secretary of the Oklahoma State Election Board in the U.S. District Court for the Western District of Oklahoma on July 15, 2020.

Oklahoma officially recognized three political parties: Democrat, Republican, and Libertarian. For presidential candidates from unrecognized parties like the Green Party to get their names on the ballot, Oklahoma's Election Code had especially stringent requirements: more petition signatures with an earlier deadline, or payment of a much higher fee ($35,000 for an unrecognized party compared to $5,000 for a recognized party). These requirements did not apply to unrecognized party candidates for non-presidential federal offices, nor did they apply to presidential candidates from the three recognized parties. 

The plaintiffs claimed that this differential treatment violated their speech, association, petition, equal protection, and due process rights under the First and Fourteenth Amendments of the U.S. Constitution. Represented by private counsel, they sought a declaration that the applicable sections of Oklahoma's Election Code were unconstitutional, and an injunction to hold those sections unenforceable and place the Green Party candidate's name on the November ballot. They also sought attorneys' fees and costs.

On October 1, 2020, a little over a month before the 2020 general election, the plaintiffs filed a stipulated order for dismissal. We have been unable to find an explanation for the dismissal; the plaintiffs may have realized that the litigation would not be resolved before the election.

The case is closed.

Summary Authors

Christina Van Wagenen (1/5/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17356279/parties/hawkins-v-ziriax/


Judge(s)

Friot, Stephen P. (Oklahoma)

Attorney for Plaintiff

Linger, James C. (Oklahoma)

Attorney for Defendant

McClure, Kevin Lynn (Oklahoma)

Schneider, Thomas R. (Oklahoma)

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Documents in the Clearinghouse

Document

5:20-cv-00687

Docket [PACER]

Oct. 1, 2020

Oct. 1, 2020

Docket
1

5:20-cv-00687

Complaint

July 15, 2020

July 15, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17356279/hawkins-v-ziriax/

Last updated Feb. 7, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Paul Ziriax filed by John Edward Kenny, Maigan Underwood, James M Branum, Kimberly Dawn Kenny, Howard Hawkins, Aaron James Wenger, Nicholas Hans Josef Frimberger, Harrison David Taylor. (Attachments: # 1 Civil Cover Sheet)(kmt) (Entered: 07/16/2020)

1 Civil Cover Sheet

View on PACER

July 15, 2020

July 15, 2020

Clearinghouse
2

Receipt for Money Received from James M Branum, Nicholas Hans Josef Frimberger, Howard Hawkins, John Edward Kenny, Kimberly Dawn Kenny, Harrison David Taylor, Maigan Underwood, Aaron James Wenger in the amount of $400.00, receipt number OKW500081026 regarding 1 Complaint (kmt) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
3

Summons Issued Electronically as to Paul Ziriax. (kmt) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
4

ORDER REASSIGNING CASE. Case reassigned to Honorable Stephen P. Friot for all further proceedings. Honorable Timothy D. DeGiusti no longer assigned to case. Signed by Honorable Timothy D. DeGiusti on 7/24/2020. (mb) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
5

ORDER re 1 Complaint. Plfs' complaint includes a request for preliminary injunctive relief. Plfs are advised that no request for a preliminary injunction will be taken up by the court, and no hearing will be set, by virtue of the filing of the complaint alone. If plfs intend to press a request for preliminary injunctive relief, plfs are required to file a separate motion, along with a supporting brief, and to otherwise comply with Rule 65, Fed.R.Civ.P. If plfs seek a hearing on such a motion, that request shall also be set out in the motion. Upon review of any motion which may be filed, the court will establish procedures for hearing or otherwise determining the motion. Signed by Honorable Stephen P. Friot on 7/27/2020. (llg) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
6

ENTRY of Appearance by Thomas R Schneider on behalf of Paul Ziriax (Schneider, Thomas) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
7

WAIVER OF SERVICE Returned Executed by Defendant Paul Ziriax. Paul Ziriax waiver sent on 7/15/2020, answer due 9/14/2020. (Schneider, Thomas) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
8

ANSWER to Complaint by Paul Ziriax.(Schneider, Thomas) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
9

ENTRY of Appearance by Kevin L McClure on behalf of Paul Ziriax (McClure, Kevin) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
10

STATUS/SCHEDULING CONFERENCE DOCKET: Telephonic Scheduling Conference set for 10/7/2020 09:15 AM before Honorable Stephen P. Friot. Status Report due by 10/5/2020. (llg) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

RECAP
11

STIPULATION of Dismissal Joint Stipulation of Dismissal by All Plaintiffs. (Linger, James) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 15, 2020

Closing Date: Oct. 1, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Howard "Howie" Hawkins, Green Party presidential candidate; 7 Oklahoma voters

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of the Oklahoma State Election Board, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Petitions clause

Due Process: Procedural Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voting: General & Misc.

Candidate qualifications

Election administration