Case: Connecticut State Conference of NAACP Branches v. Merrill

3:20-cv-00909 | U.S. District Court for the District of Connecticut

Filed Date: July 2, 2020

Closed Date: Sept. 25, 2020

Clearinghouse coding complete

Case Summary

This is a case about how Connecticut's restrictions on eligibility for mail-in ballot voting during the COVID-19 pandemic threatened voters' constitutional and statutory rights. On July 2, 2020, a complaint was filed in the U.S. District Court for the District of Connecticut by the Connecticut State Conference of NAACP Branches, the League of Women Voters of Connecticut ("the League"), and an individual member of the League whose age made her susceptible to serious complications of COVID-19. Th…

This is a case about how Connecticut's restrictions on eligibility for mail-in ballot voting during the COVID-19 pandemic threatened voters' constitutional and statutory rights. On July 2, 2020, a complaint was filed in the U.S. District Court for the District of Connecticut by the Connecticut State Conference of NAACP Branches, the League of Women Voters of Connecticut ("the League"), and an individual member of the League whose age made her susceptible to serious complications of COVID-19. The plaintiffs sued Connecticut Secretary of State Denise W. Merrill in her official capacity under section 2 of the Voting Rights Act and the First and Fourteenth Amendments to the U.S. Constitution. The plaintiffs claimed that because Connecticut allowed mail-in voting only in certain narrow circumstances, most voters would be faced with an unconstitutional choice: to risk their health by voting in person during a pandemic, or to forego voting altogether. The plaintiffs noted how the disproportionate impact of the pandemic on Black communities exacerbated the unconstitutionality of limiting absentee voting. Represented by the ACLU, the plaintiffs sought declaratory and injunctive relief that would expand mail-in voting for the 2020 general election. They also sought attorneys' fees and court costs. The case was assigned to Judge Janet Bond Arterton.

Near the end of July, the Connecticut state legislature passed a bill that gave every registered voter the ability to vote by absentee ballot. The plaintiffs voluntarily dismissed their complaint on September 25, 2020. The case is closed.

Summary Authors

Christina Van Wagenen (1/1/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17317432/parties/connecticut-state-conference-of-naacp-branches-v-merrill/


Judge(s)

Arterton, Janet Bond (Connecticut)

Attorney for Plaintiff

Barrett, Dan (Connecticut)

Bildner, Elana (Connecticut)

Cherry, Ceridwen (District of Columbia)

Ho, Dale E. (District of Columbia)

Attorney for Defendant

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Documents in the Clearinghouse

Document

3:20-cv-00909

Docket [PACER]

Sept. 28, 2020

Sept. 28, 2020

Docket
1

3:20-cv-00909

Complaint

July 2, 2020

July 2, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17317432/connecticut-state-conference-of-naacp-branches-v-merrill/

Last updated April 9, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Denise Merrill ( Filing fee $400 receipt number ACTDC-5950304.), filed by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut.(Barrett, Dan) Modified on 7/2/2020 to update party (Anastasio, F.). (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

Clearinghouse

Request to Issue Summons

July 2, 2020

July 2, 2020

PACER
2

NOTICE of Appearance by Dan Barrett on behalf of Gloria Francesconi, League of Women Voters of Connecticut, Connecticut State Conference of NAACP Branches (Barrett, Dan) Modified on 7/2/2020 to update party (Anastasio, F.). (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

Add and Terminate Judges

July 2, 2020

July 2, 2020

PACER
3

Corporate Disclosure Statement by League of Women Voters of Connecticut, Connecticut State Conference of NAACP Branches. (Barrett, Dan) Modified on 7/2/2020 to update party (Anastasio, F.). (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

Request for Clerk to issue summons as to Denise Merrill. (Barrett, Dan)

July 2, 2020

July 2, 2020

PACER

Judge Janet Bond Arterton added. (Nuzzi, Tiffany)

July 2, 2020

July 2, 2020

PACER
4

Order on Pretrial Deadlines: Amended Pleadings due by 8/31/2020 Discovery due by 1/1/2021 Dispositive Motions due by 2/5/2021 Signed by Clerk on 07/02/2020.(Nuzzi, Tiffany) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
5

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet Bond Arterton on 07/02/2020.(Nuzzi, Tiffany) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
6

STANDING PROTECTIVE ORDER Signed by Judge Janet Bond Arterton on 07/02/2020.(Nuzzi, Tiffany) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
7

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 1 Complaint, filed by League of Women Voters of Connecticut, Gloria Francesconi, 2 Notice of Appearance filed by League of Women Voters of Connecticut, Gloria Francesconi, 4 Order on Pretrial Deadlines, 6 Protective Order, 5 Electronic Filing Order, 3 Corporate Disclosure Statement filed by League of Women Voters of Connecticut Signed by Clerk on 07/02/2020.(Nuzzi, Tiffany) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
8

NOTICE of Appearance by Elana Spungen Bildner on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Bildner, Elana) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
9

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Denise Merrill* with answer to complaint due within *21* days. Attorney *Dan Barrett* *American Civil Liberties Union - CT* *765 Asylum Ave., 1st Floor* *Hartford, CT 06105*. (Nuzzi, Tiffany) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
10

MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Attachments: # 1 Declaration of Sophia Lin Lakin, # 2 Declaration of Davin Rosborough, # 3 Declaration of Ceridwen Cherry, # 4 Declaration of Ihaab Syed, # 5 Declaration of Dale Ho)(Bildner, Elana) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
11

ORDER granting 10 Motion to Appear Pro Hac Vice for Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin. Certificate of Good Standing due by 9/6/2020. Signed by Clerk on 07/08/2020. (Nuzzi, Tiffany) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER

Order on Motion for Admission Pro Hac Vice

July 8, 2020

July 8, 2020

PACER
12

SUMMONS Returned Executed by Gloria Francesconi, League of Women Voters of Connecticut, Connecticut State Conference of NAACP Branches. Denise Merrill served on 7/9/2020, answer due 7/30/2020. (Barrett, Dan) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
13

NOTICE of Appearance by Davin Rosborough on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Rosborough, Davin) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
14

CERTIFICATE OF GOOD STANDING re 10 MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Rosborough, Davin) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
15

NOTICE of Appearance by Ceridwen Cherry on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Cherry, Ceridwen) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
16

CERTIFICATE OF GOOD STANDING re 10 MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Cherry, Ceridwen) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
17

NOTICE of Appearance by Sophia Lin Lakin on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Lakin, Sophia) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
18

CERTIFICATE OF GOOD STANDING re 10 MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Lakin, Sophia) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
19

NOTICE of Appearance by Ihaab Syed on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Syed, Ihaab) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
20

CERTIFICATE OF GOOD STANDING re 10 MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Syed, Ihaab) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
21

NOTICE of Appearance by Dale Ho on behalf of Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut (Ho, Dale) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
22

CERTIFICATE OF GOOD STANDING re 10 MOTION for Attorney(s) Davin M. Rosborough, Ceridwen Cherry, Ihaab Syed, Dale E. Ho, and Sophia Lin Lakin to be Admitted Pro Hac Vice (paid $1000 PHV fee; receipt number ACTDC-5957718) by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Ho, Dale) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
23

NOTICE of Appearance by Michael Skold on behalf of Denise Merrill (Skold, Michael) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
24

MOTION for Extension of Time until August 29, 2020 to Respond to Complaint 1 Complaint, by Denise Merrill. (Skold, Michael) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

RECAP
25

NOTICE of Appearance by Maura Murphy-Osborne on behalf of Denise Merrill (Murphy-Osborne, Maura) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
26

NOTICE of Appearance by Alma Rose Nunley on behalf of Denise Merrill (Nunley, Alma) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

RECAP
27

ORDER granting 24 Defendant's Motion for Extension of Time to Respond to the Complaint, on consent, to 8/29/20. Signed by Judge Janet Bond Arterton on 7/24/20. (Tooker, Aimee) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER

Answer deadline updated for All Defendants. (Tooker, Aimee)

July 24, 2020

July 24, 2020

PACER

Order on Motion for Extension of Time

July 24, 2020

July 24, 2020

PACER

Update Answer Deadline

July 24, 2020

July 24, 2020

PACER
28

Joint MOTION for Extension of Time until September 28, 2020 for Defendant's Response to Complaint by Connecticut State Conference of NAACP Branches, Gloria Francesconi, League of Women Voters of Connecticut. (Barrett, Dan) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
29

ORDER granting 28 Joint Motion for Extension of Time to Respond to the Complaint to 9/28/20. Signed by Judge Janet Bond Arterton on 8/24/20. (Tooker, Aimee) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

Answer deadline updated for All Defendants. (Tooker, Aimee)

Aug. 25, 2020

Aug. 25, 2020

PACER

Order on Motion for Extension of Time

Aug. 25, 2020

Aug. 25, 2020

PACER

Update Answer Deadline

Aug. 25, 2020

Aug. 25, 2020

PACER
30

NOTICE of Voluntary Dismissal of Case by All Plaintiffs (Barrett, Dan) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

RECAP

JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Nuzzi, Tiffany)

Sept. 28, 2020

Sept. 28, 2020

PACER

JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Nuzzi, Tiffany)

Sept. 28, 2020

Sept. 28, 2020

PACER

JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Nuzzi, Tiffany)

Sept. 28, 2020

Sept. 28, 2020

PACER

Judicial Evaluation Program Survey

Sept. 28, 2020

Sept. 28, 2020

PACER

Judicial Evaluation Program Survey

Sept. 28, 2020

Sept. 28, 2020

PACER

Judicial Evaluation Program Survey

Sept. 28, 2020

Sept. 28, 2020

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 2, 2020

Closing Date: Sept. 25, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Connecticut State Conference of NAACP Branches, the League of Women Voters of Connecticut, and an individual whose age made her susceptible to serious complications of COVID-19.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Connecticut, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

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.

Voting: Physical/Effective Access

Election administration

Discrimination-basis:

Race discrimination

Race:

Black