Case: Common Cause Indiana v. Lawson

1:20-cv-01825 | U.S. District Court for the Southern District of Indiana

Filed Date: July 8, 2020

Closed Date: Oct. 23, 2020

Clearinghouse coding complete

Case Summary

This is a case challenging two amendments to the Indiana election code as unconstitutionally burdening the right to vote. The "standing amendment" deprived voters of standing to petition state courts for extending voting hours at eligible polling places. The "remedies amendment" placed restrictions on state courts' ability to extend hours at polling places facing conditions which burdened the right to vote. Together, the challenged amendments were alleged to burden the fundamental right to vote…

This is a case challenging two amendments to the Indiana election code as unconstitutionally burdening the right to vote. The "standing amendment" deprived voters of standing to petition state courts for extending voting hours at eligible polling places. The "remedies amendment" placed restrictions on state courts' ability to extend hours at polling places facing conditions which burdened the right to vote. Together, the challenged amendments were alleged to burden the fundamental right to vote by making it harder to extend polling place hours. 

On July 8, 2020, Common Cause Indiana, a nonprofit that advocates to remove barriers to voting, filed this lawsuit in the United States District Court for the Southern District of Indiana. Common Cause sued the Indiana Secretary of State, Indiana Election Commission, Indiana Election Division, four county election officials in their official capacities, and representatives of a class of all county officials in the state under 42 U.S.C. § 1983. Represented by both private counsel and the Chicago Lawyers' Committee for Civil Rights, Common Cause sought an order—issued before the November 3, 2020 election—preliminarily enjoining the defendants from enforcing the challenged amendments, as well as an order permanently enjoining the defendants from implementing the challenged amendments. Common Cause alleged that the defendants had violated both the First and Fourteenth Amendments, as well as the Supremacy Clause. The case was assigned to Judge Richard L. Young and referred to Magistrate Judge Tim A. Baker. 

Common Cause alleged that the defendants had violated the First and Fourteenth Amendment by impermissibly burdening the fundamental right to vote through both amendments. The standing amendment stripped voters of the right to bring suit against polling places that had disenfranchised them. Under the standing amendment, only county election boards could file suit to extend polling place hours and only if the board's members were unanimous in their decision to do so. Under the remedies amendment, state courts could not hear cases seeking extension of polling place hours if the extension was sought for any of the following reasons: equipment malfunctions, lack of poll workers, lack of adequate ballots, or unreasonably long lines. Common Cause asserted that the challenged amendments, operating independently or together, did not achieve a compelling enough state interest to justify the burden on the fundamental right to vote. 

Common Cause also alleged a violation of procedural due process under the Fourteenth Amendment. Common Cause asserted that, because the right to vote is a constitutionally-protected liberty interest, the government is required to provide adequate due process before depriving citizens of the right to vote. They argued that the standing amendment would take away a voter's ability to seek redress when the extension of polling place hours would be the only way to ensure they were able to cast a ballot. They further argued that the amendment didn't provide any guidance to voters on how to petition their county election board to assemble and proceed through the required steps in order to file a motion for the extension of polling place hours.

Lastly, Common Cause alleged a Supremacy Clause violation, arguing that the Supremacy Clause does not permit state law to limit courts of general jurisdiction to hear only certain suits brought under 42 U.S.C. § 1983 seeking prospective injunctive relief. Common Cause argued that limiting the state courts' ability to hear cases concerning the extension of polling place hours to only those brought by a county election board stripped Indiana courts of the general jurisdiction to consider such constitutional claims, impermissibly shielding a certain class of defendants (state and county election officials) from a particular type of liability (prospective injunctive relief) brought by a particular class of plaintiffs (anyone other than county election boards). 

On July 8, 2020, Common Cause moved for a preliminary injunction asking the court to enjoin the defendants from giving any effect to the amendments before the November 3, 2020 general election. They argued that the injunction was necessary in order to preserve voters' right to vote by protecting their ability to seek redress for barriers imposed on their ability to vote. On the same day, Common Cause moved to certify a class of defendants consisting of all members of Indiana county election boards and boards of election and registration. 

On August 21, 2020, a defendant member of the Tippecanoe County Board of Elections and Registration filed a motion to dismiss for lack of subject matter jurisdiction, arguing that Common Cause lacked standing to sue him because the harm alleged was not fairly traceable to acts or omissions by him and a favorable decision against him would not redress the harm that plaintiff alleged. The defendant also argued that he was not a true party in interest and that there were no specific allegations in the complaint against him or the Tippecanoe County election board. Three other named defendants joined this filing, as they were all members of their respective county election boards.

On September 22, 2020, the court denied the motion to dismiss for lack of jurisdiction. In regards to the defendants' standing argument, the court held that the plaintiffs' injury could be fairly traceable to the defendants, since county election boards conduct elections and administer election laws within the county. The court reasoned that, in any case brought regarding the extension of polling place hours, the county election board would likely be a defendant and could successfully move to dismiss the plaintiff's case for lack of standing under the standing amendment, making them a direct cause of injury to the plaintiff. 488 F.Supp.3d 724.

The court also granted the plaintiff's motion for preliminary injunction on September 22, 2020. The court agreed that Common Cause would have to devote time and resources to asking county election board members to seek extensions of polling place hours that would otherwise be used for their regular programs, if not for the challenged amendments. The court found that an injunction would prevent this future harm. The court also agreed that the potential harm to Common Cause and Indiana voters was substantial, as the amendments meant there would be no avenue for redress if a voter was unable to cast their ballot. The court found that the defendants, on the other hand, faced no significant harm if the injunction were granted.

On September 24, 2020, the court granted the plaintiff's motion for class certification. The court disagreed with the defendants' argument that the Indiana courts, not the defendants, would administer the challenged amendments. The court found the defendants' argument ignored the fact that in order to bring any action to extend polling place hours a plaintiff would first have to petition the county election board to bring the suit. The county election board members would then have to agree unanimously to bring a case involving extension of polling place hours, meaning each individual board member effectively had veto power over a voter's effort to bring a polling place hour extension case. 

On September 29, 2020, the defendants appealed the district court's decision to grant a preliminary injunction to the Seventh Circuit and asked the district court to stay the injunction pending appeal, arguing that changing election regulations so close to an election would lead to voter confusion.

On October 9, 2020, the district court declined to stay the preliminary injunction, finding that the defendants' worries about voter confusion in the election process were not valid in this case. The court noted that the injunction only affected election day activities and any early voting or other pre-election day activities were not altered. The court was not convinced by the defendants' argument that voters could instead file suits requesting polling place hour extensions in federal court, concluding that the defendants couldn't take away the would-be plaintiffs' ability to file suit in state court by directing them to federal court. 

On October 23, 2020, the United States Court of Appeals for the Seventh Circuit reversed the judgment of the district court and stayed the preliminary injunction, finding that the defendants were likely to succeed on the merits of their appeal and that the timing of the injunction and its proximity to the election weighed in favor of a stay. 978 F.3d 1036. 

The Seventh Circuit found that there was no burden on the right to vote because the amendments only defined the causes of action under state law for extending polling place hours and did not burden a voter's ability to cast their ballot. The Circuit Court also agreed with the defendants' assertion that the challenged amendments did not violate the Supremacy Clause, finding that nothing in the amendments limited § 1983 litigation. Instead, "[t]he amendments describe[d] a state-law cause of action to obtain an extension of polling hours, with specific limitations on who may sue, the available justifications, and the scope of the remedy. Those limits on standing and remedies [were] reasonably read to apply only to the claim described in the amendments, not otherwise."

The Seventh Circuit also held that the Purcell principle, which generally prohibits federal courts from changing state election rules close to the date of an election, appliedin this case and that the injunction was ordered too close to the election to be upheld. As the appellate court explained, "the plaintiff brought the Purcell rule upon itself by waiting more than a year to bring this lawsuit after the legislature enacted these amendments." Lastly, the appellate court found that the challenged amendments did not deprive voters of the liberty interest in statutorily established poll hours that the plaintiffs claimed existed. 978 F.3d 1036.

On April 27, 2021, in light of the Seventh Circuit opinion, the parties jointly stipulated to dismissal of all of the plaintiffs' claims. On April 30, 2021, the court dismissed all of the plaintiffs' claims with prejudice, except for the Supremacy Clause claim, which was dismissed without prejudice, and ordered the case closed.

This case is closed.

Summary Authors

Rhea Sharma (11/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17330283/parties/common-cause-indiana-v-lawson/


Judge(s)

Baker, Tim A. (Indiana)

Brennan, Michael Brian (Wisconsin)

Attorney for Plaintiff

Austin, Brent R (Illinois)

Attorney for Defendant

Abshire, Courtney Lyn (Indiana)

Blevins, Sara R (Indiana)

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Documents in the Clearinghouse

Document

1:20-cv-01825

Docket [PACER]

Nov. 16, 2020

Nov. 16, 2020

Docket
1

1:20-cv-01825

Class Action Complaint for Declaratory and Injunctive Relief

July 8, 2020

July 8, 2020

Complaint
72

1:20-cv-01825

Entry on Defendant Randall Vonderheide's Motion to Dismiss

Sept. 22, 2020

Sept. 22, 2020

Order/Opinion

488 F.Supp.3d 488

73

1:20-cv-01825

Entry on Plaintiff's Motion for Preliminary Injunction

Sept. 22, 2020

Sept. 22, 2020

Order/Opinion

488 F.Supp.3d 488

74

1:20-cv-01825

Entry on Plaintiff's Motion for Class Certification

Sept. 24, 2020

Sept. 24, 2020

Order/Opinion

1:20-cv-01825

0:20-02877

Opinion

U.S. Court of Appeals for the Seventh Circuit

Oct. 23, 2020

Oct. 23, 2020

Order/Opinion

978 F.3d 978

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17330283/common-cause-indiana-v-lawson/

Last updated Feb. 13, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against RAY ADLER, J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT, PAUL RAUSCH, KEVIN C. SMITH, RANDALL VONDERHEIDE, filed by COMMON CAUSE INDIANA. (Filing fee $400, receipt number 0756-6065587) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

Clearinghouse
2

NOTICE of Appearance by Gregory M. Schweizer on behalf of Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
3

MOTION for Preliminary Injunction, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit 1 Schweizer Declaration, # 2 Schweizer Decl. Ex. A 11.6.2018 Article, 13 WTHR, # 3 Schweizer Decl. Ex. B Complaint and Order, Case No. 41C01-1811-MI-000263, Johnson Cty., # 4 Schweizer Decl. Ex. C 11.6.2018 Article, Times of Northwest Indiana, # 5 Schweizer Decl. Ex. D Petition and Order, Case No. 64D01-1811-MI-10723, Porter Cty., # 6 Schweizer Decl. Ex. E 11.6.2018 Article, Indiana Public Media, # 7 Schweizer Decl. Ex. F 11.6.2018 Article, Indianapolis Star, # 8 Schweizer Decl. Ex. G 2015 Report, Caltech/MIT Voting Technology Project, # 9 Schweizer Decl. Ex. H 2017 Working Paper, # 10 Schweizer Decl. Ex. I 2017 Article, Political Science Quarterly, # 11 Schweizer Decl. Ex. J 9.4.2019 Article, Natl Bureau of Econ. Res., # 12 Schweizer Decl. Ex. K 6.3.2020 Report, Brennan Center for Justice, # 13 Schweizer Decl. Ex. L 2005 Article, State Politics & Policy Quarterly, # 14 Schweizer Decl. Ex. M 2009 Article, State Politics & Policy Quarterly, # 15 Schweizer Decl. Ex. N U.S. Census Bureau Data for Lake Cty., # 16 Schweizer Decl. Ex. O U.S. Census Bureau Data for Porter Cty., # 17 Schweizer Decl. Ex. P 3.20.2020 Article, ABC News & Associated Press, # 18 Schweizer Decl. Ex. Q 5.15.2020 Article, Indianapolis Star, # 19 Schweizer Decl. Ex. R 6.2.2020 Article, Indianapolis Star, # 20 Schweizer Decl. Ex. S 3.14.2020 Article, Chicago Tribune, # 21 Schweizer Decl. Ex. T 3.17.2020 Article, Block Club Chicago, # 22 Schweizer Decl. Ex. U 3.17.2020 Article, NBC 5 Chicago, # 23 Schweizer Decl. Ex. V 3.17.2020 Article, Chicago Sun Times, # 24 Schweizer Decl. Ex. W 4.7.2020 Article, The New York Times, # 25 Schweizer Decl. Ex. X 4.7.2020 Article, WBAY, # 26 Schweizer Decl. Ex. Y 4.23.2020 Article, USA Today, # 27 Schweizer Decl. Ex. Z 5.1.2020 Article, Bloomberg News, # 28 Schweizer Decl. Ex. AA 4.29.2020 Article, CNN, # 29 Schweizer Decl. Ex. BB 4.12.2020 Article, CNN, # 30 Schweizer Decl. Ex. CC 5.7.2020 Article, WUSA, # 31 Schweizer Decl. Ex. DD 5.12.2020 Tr. of Dr. Fauci Congressional Testimony, # 32 Schweizer Decl. Ex. EE 7.1.2020 Article, Indianapolis Star, # 33 Schweizer Decl. Ex. FF 7.2.2020 Article, Indianapolis Star, # 34 Exhibit 2 Meredith Declaration, # 35 Exhibit 3 Vaughn Affidavit)(Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
4

BRIEF/MEMORANDUM in Support re 3 MOTION for Preliminary Injunction, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

RECAP
5

MOTION to Certify Class of Defendants (all members of Indiana county election boards and boards of elections and registration), filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
6

BRIEF/MEMORANDUM in Support re 5 MOTION to Certify Class of Defendants (all members of Indiana county election boards and boards of elections and registration), filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
7

Summons Issued as to RAY ADLER, J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT, PAUL RAUSCH, KEVIN C. SMITH, RANDALL VONDERHEIDE. (JRB) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
8

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
9

MOTION for Attorney(s) Brent R. Austin to Appear pro hac vice (Filing fee $100, receipt number 0756-6069634), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A Certification of Brent R. Austin, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
10

MOTION for Attorney(s) Sarah Kinter to Appear pro hac vice (Filing fee $100, receipt number 0756-6069663), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A Certification of Sarah Kinter, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
11

ORDER granting Plaintiff's 10 Motion to Appear pro hac vice. Attorney Sarah Kinter for COMMON CAUSE INDIANA added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Sarah Kinter via U.S. Mail. Signed by Magistrate Judge Tim A. Baker on 7/13/2020. (MAC) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
12

NOTICE of Appearance by William N. Riley on behalf of Defendant RAY ADLER. (Riley, William) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
13

NOTICE of Appearance by William N. Riley on behalf of Defendant RAY ADLER. (Riley, William) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
14

NOTICE of Appearance by Anne Medlin Lowe on behalf of Defendant RAY ADLER. (Lowe, Anne) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
15

Amended MOTION for Attorney(s) Brent R. Austin to Appear pro hac vice (Correction to ECF No. 9) (No fee paid with this filing), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A Corrected Certification of Brent R. Austin, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
16

ORDER granting 15 Amended Motion to Appear pro hac vice. Attorney Brent R. Austin for COMMON CAUSE INDIANA added. Signed by Magistrate Judge Tim A. Baker on 7/15/2020. (SWM) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
17

RETURN of Service by CMRRR, filed by COMMON CAUSE INDIANA. RAY ADLER served on 7/14/2020; J. BRADLEY KING served on 7/14/2020; ZACHARY E. KLUTZ served on 7/14/2020; CONNIE LAWSON served on 7/13/2020; S. ANTHONY LONG served on 7/14/2020; ANGELA NUSSMEYER served on 7/14/2020; PAUL OKESON served on 7/14/2020; SUZANNAH WILSON OVERHOLT served on 7/14/2020; PAUL RAUSCH served on 7/13/2020; KEVIN C. SMITH served on 7/13/2020; RANDALL VONDERHEIDE served on 7/14/2020. (Schweizer, Gregory) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
18

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
19

NOTICE of Appearance by Parvinder Kaur Nijjar on behalf of Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Nijjar, Parvinder) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
20

NOTICE of Appearance by Aleksandrina Penkova Pratt on behalf of Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Pratt, Aleksandrina) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
21

NOTICE of Appearance by Courtney Lyn Abshire on behalf of Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Abshire, Courtney) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
22

NOTICE of Appearance by Douglas Joseph Masson on behalf of Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
23

MOTION for Attorney(s) Aneel L. Chablani to Appear pro hac vice (Filing fee $100, receipt number 0756-6093473), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Aneel L. Chablani, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
24

MOTION for Attorney(s) Ami Gandhi to Appear pro hac vice (Filing fee $100, receipt number 0756-6093495), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Ami Gandhi, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
25

MOTION for Attorney(s) Jennifer Terrell to Appear pro hac vice (Filing fee $100, receipt number 0756-6093519), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Jennifer Terrell, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
26

MOTION for Attorney(s) Ezra D. Rosenberg to Appear pro hac vice (Filing fee $100, receipt number 0756-6093555), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Ezra D. Rosenberg, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
27

MOTION for Extension of Time to 9/10/2020 or for status conference, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
28

MOTION to Join in State Defendants' Motion for Status Conference to Set Briefing Schedule or for Extension of Time, filed by Defendant RAY ADLER. (Attachments: # 1 Text of Proposed Order)(Riley, William) (Entered: 07/23/2020)

1 Text of Proposed Order

View on PACER

July 23, 2020

July 23, 2020

PACER
29

RESPONSE in Opposition re 27 MOTION for Extension of Time to 9/10/2020 or for status conference, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
30

SCHEDULING ORDER-TELEPHONIC Status Conference set for 7/27/2020 at 10:00 AM before Magistrate Judge Tim A. Baker. The purpose of this conference is to set a briefing schedule. Signed by Magistrate Judge Tim A. Baker on 7/24/2020.(CBU) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
32

ORDER granting 26 Motion to Appear pro hac vice. Attorney Ezra D. Rosenberg for COMMON CAUSE INDIANA added. Signed by Magistrate Judge Tim A. Baker on 7/24/2020 Copy of Order sent to Attorney Rosenberg via US Mail (CBU) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
33

ORDER granting 25 Motion to Appear pro hac vice. Attorney Jennifer Terrell for COMMON CAUSE INDIANA added. Signed by Magistrate Judge Tim A. Baker on 7/24/2020 Copy of this order sent to Attorney Terrell via US Mail (CBU) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
34

ORDER granting 24 Motion to Appear pro hac vice. Attorney Ami Gandhi for COMMON CAUSE INDIANA added. Signed by Magistrate Judge Tim A. Baker on 7/24/2020 Copy of Order sent to Attorney Gandhi via US Mail (CBU) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
35

ORDER granting 23 Motion to Appear pro hac vice. Attorney Aneel L. Chablani for COMMON CAUSE INDIANA added. Signed by Magistrate Judge Tim A. Baker on 7/24/2020 Copy of this Order sent to Attorney Chablani via US Mail (CBU) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
36

MOTION for Attorney(s) Bradley S. Phillips to Appear pro hac vice (Filing fee $100, receipt number 0756-6097300), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Bradley S. Phillips, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
37

MOTION for Attorney(s) Ryan Snow to Appear pro hac vice (Filing fee $100, receipt number 0756-6097309), filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Certification of Ryan Snow, # 2 Text of Proposed Order)(Schweizer, Gregory) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
38

NOTICE of Appearance by Michael E. Tolbert on behalf of Defendant KEVIN C. SMITH. (Tolbert, Michael) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
39

NOTICE of Appearance by Sara R. Blevins on behalf of Defendant PAUL RAUSCH. (Blevins, Sara) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
40

Notice of Parties First Extension of Time to File a Response to the Complaint to 8/31/2020, filed by Defendant KEVIN C. SMITH. (Tolbert, Michael) Modified on 7/29/2020 (JRB). (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
41

ORDER granting 36 Motion to Appear pro hac vice. Attorney Bradley S. Phillips for COMMON CAUSE INDIANA added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copies via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/29/2020. (SWM) Modified on 7/29/2020 (SWM). (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
42

ORDER ON JULY 27, 2020, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel July 27, 2020, for a telephonic status conference. Defendant Ray Adler's motion to join [Filing No. 28] is granted to the extent that Adler was permitted to participate in the July 27 status conference. The Court set the following briefing schedule: (1) Defendants shall file their responses to Plaintiff's motion for a preliminary injunction and motion for class certification by August 21, 2020; and (2) Plaintiff shall file any reply briefs by September 1, 2020. Given the parties' request for the Court to issue a ruling in advance of the November 3, 2020 election, the Court does not anticipate enlarging this briefing schedule. Copies Mailed. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

RECAP
43

ORDER granting 37 Motion to Appear pro hac vice. Attorney Ryan Snow for COMMON CAUSE INDIANA added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copies via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/29/2020. (SWM) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
44

NOTICE of Parties' First Extension of Time, filed by Defendant PAUL RAUSCH. (Blevins, Sara) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
45

NOTICE of Parties' First Extension of Time, filed by Defendant RAY ADLER. (Riley, William) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
46

NOTICE of Parties' First Extension of Time, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
47

NOTICE of Appearance by Monica J. Conrad on behalf of Defendant PAUL RAUSCH. (Conrad, Monica) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
48

NOTICE of Parties' First Extension of Time, filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
49

MOTION to Dismiss for Lack of Jurisdiction as to Randall Vonderheide, filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
50

BRIEF/MEMORANDUM in Support re 49 MOTION to Dismiss for Lack of Jurisdiction as to Randall Vonderheide, filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
51

RESPONSE in Opposition re 5 MOTION to Certify Class of Defendants (all members of Indiana county election boards and boards of elections and registration), filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
52

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction as to Randall Vonderheide, filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
53

NOTICE of Joinder in Defendant Vonderheid's Motion to Dismiss and Memorandum in Support, filed by Defendant RAY ADLER, re 50 Brief/Memorandum in Support, 49 MOTION to Dismiss for Lack of Jurisdiction as to Randall Vonderheide. (Lowe, Anne) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
54

NOTICE Joinder in Defendant Randall Vonderheides Response in Opposition to Motion for Certification of Defendant Class, filed by Defendant RAY ADLER, re 51 Response in Opposition to Motion. (Lowe, Anne) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
55

NOTICE of Joinder in Defendant Randall Vonderheides Response in Opposition to Motion for Preliminary Injunction, filed by Defendant RAY ADLER, re 52 Response in Opposition to Motion. (Lowe, Anne) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
56

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
57

NOTICE of Joinder in Defendant Randall Vonderheide's Motion to Dismiss & Memorandum in Support, filed by Defendant PAUL RAUSCH (Conrad, Monica) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
58

NOTICE of Joinder in Defendant Randall Vonderheide's Response in Opposition to Motion for Certification of Defendant Class, filed by Defendant PAUL RAUSCH (Conrad, Monica) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
59

NOTICE of Joinder in Defendant Randall Vonderheide's Response in Opposition to Motion for Preliminary Injunction, filed by Defendant PAUL RAUSCH (Conrad, Monica) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
60

NOTICE of Joinder in Defendant, Randall Vonderheide's Motion to Dismiss and Memorandum in Support, filed by Defendant KEVIN C. SMITH, re 50 Brief/Memorandum in Support. (Tolbert, Michael) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
61

NOTICE Joinder in Defendant Randall Vonderheide's Response in Opposition to Motion for Certification, filed by Defendant KEVIN C. SMITH (Tolbert, Michael) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
62

NOTICE of Joinder in Defendant RAndall Vonderheide's Response in Opposition to Motion for Preliminary Injunction, filed by Defendant KEVIN C. SMITH (Tolbert, Michael) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
63

NOTICE of Joinder in State Defendants' Response in Opposition to Preliminary Injunction, filed by Defendant RAY ADLER, re 56 Response in Opposition to Motion. (Lowe, Anne) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
64

NOTICE of Joinder in State Defendants' Response in Opposition to Preliminary Injunction, filed by Defendant PAUL RAUSCH, re 56 Response in Opposition to Motion. (Blevins, Sara) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
65

MARGINAL ENTRY re Defendants' 27 Motion for Status Conference to Set Briefing Schedule or for Extension of Time - Motion denied as moot; briefing schedule has been set. Signed by Magistrate Judge Tim A. Baker on 8/25/2020. (SWM) (Entered: 08/26/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
66

ANSWER to 1 Complaint, filed by J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, SUZANNAH WILSON OVERHOLT.(Garn, Jefferson) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
67

RESPONSE in Opposition re 49 MOTION to Dismiss for Lack of Jurisdiction as to Randall Vonderheide, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
68

REPLY in Support of Motion re 5 MOTION to Certify Class of Defendants (all members of Indiana county election boards and boards of elections and registration), filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
69

REPLY in Support of Motion re 3 MOTION for Preliminary Injunction, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
70

REPLY in Support of Motion re 49 MOTION to Dismiss for Lack of Jurisdiction as to Randall Vonderheide, filed by Defendant RANDALL VONDERHEIDE. (Masson, Douglas) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
71

NOTICE of Joinder in Defendant Vonderheid's Reply in Support of Motion to Dismiss, filed by Defendant RAY ADLER, re 70 Reply in Support of Motion. (Lowe, Anne) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

RECAP
72

ORDER denying 49 Motion to Dismiss for Lack of Jurisdiction as to Randall Vonderheide. SEE ORDER. Signed by Judge Richard L. Young on 9/22/2020. (JRB) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

Clearinghouse
73

ENTRY ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION - For the foregoing reasons, Common Cause Indiana's Motion for Preliminary Injunction 3 is GRANTED. Defendants, their respective agents, officers, employees, successors, and all persons acting in concert with each or any of them are preliminarily enjoined from implementing, enforcing, administering, invoking, or giving any effect to Indiana Code §§ 3-11.7-7-2, 3-11.7-7-3, and 3-11.7-7-4. SEE ORDER. Signed by Judge Richard L. Young on 9/22/2020. (JRB) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

Clearinghouse
74

ENTRY ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION - The proposed class meets the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(1). Therefore, Plaintiff's Motion for Class Certification 5 isGRANTED. SEE ORDER. Signed by Judge Richard L. Young on 9/24/2020. (JRB) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

Clearinghouse
75

NOTICE OF APPEAL as to 73 Order on Motion for Preliminary Injunction, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Filing fee $505, receipt number 0756-6202678) (Garn, Jefferson) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
76

DOCKETING STATEMENT by J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT re 75 Notice of Appeal (Garn, Jefferson) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
77

PARTIES' SHORT RECORD re 75 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
78

MOTION to Stay Pending Appeal, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

RECAP
79

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 75 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
80

PRELIMINARY INJUNCTION - Defendants, their respective agents, officers, employees, successors and all persons acting in concert with each or any of them are preliminary enjoined from implementing, enforcing, administering, invoking, or giving any effect to Indiana Code 3-11.7-7-2, 3-11.7-7.3, and 3-11.7-7-4 during the November 3, 2020 General Election. SEE ORDER. Signed by Judge Richard L. Young on 9/29/2020.(JRB) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

RECAP
81

USCA Case Number 20-2877 for 75 Notice of Appeal filed by SUZANNAH WILSON OVERHOLT, ANGELA NUSSMEYER, S. ANTHONY LONG, CONNIE LAWSON, PAUL OKESON, J. BRADLEY KING, ZACHARY E. KLUTZ. (LBT) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

RECAP
82

RESPONSE in Opposition re 78 MOTION to Stay Pending Appeal, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
83

ENTRY CORRECTING PRELIMINARY INJUNCTION ORDER - This court issued its entry in favor of a preliminary injunction on September 22, 2020. The court issued a standalone preliminary injunction order on September 29, 2020, but that order contained a typographical error. It incorrectly stated that court issued its ruling in favor of a preliminary injunction on July 22, 2020. The correct date of that ruling is September 22, 2020. Signed by Judge Richard L. Young on 10/5/2020.(JRB) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

RECAP
84

ANSWER to 1 Complaint, filed by PAUL RAUSCH.(Blevins, Sara) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
85

REPLY in Support of Motion re 78 MOTION to Stay Pending Appeal, filed by Defendants J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Garn, Jefferson) (Entered: 10/06/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Oct. 6, 2020

Oct. 6, 2020

RECAP
86

Defendant, Kevin C. Smith's ANSWER to 1 Complaint, filed by KEVIN C. SMITH.(Tolbert, Michael) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
87

MOTION for Leave to File Surreply in Opposition to Motion for Stay Pending Appeal, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Exhibit A - Proposed Surreply)(Schweizer, Gregory) (Entered: 10/07/2020)

1 Exhibit A - Proposed Surreply

View on PACER

Oct. 7, 2020

Oct. 7, 2020

RECAP
88

ENTRY ON PLAINTIFF'S MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO DEFENDANTS' MOTION FOR STAY PENDING APPEAL - Having reviewed Plaintiff's submission, the court GRANTS Plaintiff's motion. 87 . The court ORDERS the Surreply Brief, attached to Plaintiff's motion (Filing No. 87-1), to be filed within three (3) business days of the date of this Order. SEE ORDER. Signed by Judge Richard L. Young on 10/8/2020. (JRB) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
89

Surreply re 78 MOTION to Stay Pending Appeal, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
90

ORDER denying 78 Defendants' Motion for Stay Pending Appeal SEE ORDER. Signed by Judge Richard L. Young on 10/9/2020. (AAS) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

RECAP
91

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, William N. Riley hereby notifies the Clerk of the court of changed contact information. (Riley, William) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
92

MANDATE of USCA as to 75 Notice of Appeal filed by SUZANNAH WILSON OVERHOLT, ANGELA NUSSMEYER, S. ANTHONY LONG, CONNIE LAWSON, PAUL OKESON, J. BRADLEY KING, ZACHARY E. KLUTZ (USCA #20-2877) - The judgment of the District Court is REVERSED, with costs, in accordance with the decision of this court entered on 10/23/2020. (LBT) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
93

MOTION to Withdraw Attorney Appearance, filed by Plaintiff COMMON CAUSE INDIANA. (Attachments: # 1 Text of Proposed Order)(Kinter, Sarah) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
94

ORDER granting 93 Motion to Withdraw Attorney Appearance. Attorney Sarah Kinter withdrawn. Signed by Magistrate Judge Tim A. Baker on 1/25/2021. (SWM) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
95

MOTION to Withdraw Attorney Appearance of Anne Medlin Lowe, filed by Defendant RAY ADLER. (Attachments: # 1 Text of Proposed Order)(Riley, William) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
96

ORDER granting 95 Motion to Withdraw Attorney Appearance. Attorney Anne Medlin Lowe withdrawn. Signed by Magistrate Judge Tim A. Baker on 4/27/2021. (SWM) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
97

STIPULATION of Dismissal, as to Defendants RAY ADLER, J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT, PAUL RAUSCH, KEVIN C. SMITH, RANDALL VONDERHEIDE, filed by COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

RECAP
98

Submission of Proposed Order, re 97 STIPULATION of Dismissal, as to Defendants RAY ADLER, J. BRADLEY KING, ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, ANGELA NUSSMEYER, PAUL OKESON, SUZANNAH WILSON OVERHOLT, PAUL RAUSCH, KEVIN C. SMITH, RANDALL VONDERHEIDE, filed by COMM, filed by Plaintiff COMMON CAUSE INDIANA. (Schweizer, Gregory) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

RECAP
99

CLOSED DISMISSED - The parties in the above-captioned matter having filed a stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), it is HEREBY ORDERED This action is dismissed;. Dismissal as to Plaintiff's Counts I-IV is with prejudice; Dismissal as to Plaintiff's Count V is without prejudice; The parties shall bear their own costs. Signed by Judge Richard L. Young on 4/30/2021.(JRB) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 8, 2020

Closing Date: Oct. 23, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indiana affiliate of Common Cause, a nonpartisan public interest group which advocates in order to eliminate barriers to voting and in favor of ethics, good government, and constitutional law

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Indiana, State

Indiana Election Commission, State

Indiana Election Division, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Voting:

Voting: General & Misc.

Election administration