Case: Common Cause Indiana v. Lawson

1:20-cv-02007 | U.S. District Court for the Southern District of Indiana

Filed Date: July 30, 2020

Closed Date: Jan. 26, 2021

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Case Summary

This is a case about the constitutionality of Indiana’s Noon Election Day receipt deadline for mail-in ballots during the November 2020 election. On July 30, 2020, Common Cause Indiana and Indiana State Conference of the NAACP filed this lawsuit in the Southern District of Indiana. They sued the Indiana Secretary of State and members of the Indiana Election Commission for injunctive relief under 42 U.S.C. § 1983. The plaintiffs sought declaratory and injunctive relief, requesting an injunction …

This is a case about the constitutionality of Indiana’s Noon Election Day receipt deadline for mail-in ballots during the November 2020 election. On July 30, 2020, Common Cause Indiana and Indiana State Conference of the NAACP filed this lawsuit in the Southern District of Indiana. They sued the Indiana Secretary of State and members of the Indiana Election Commission for injunctive relief under 42 U.S.C. § 1983. The plaintiffs sought declaratory and injunctive relief, requesting an injunction to require defendants to accept mail-in ballots that were postmarked on or before Election Day but arrived at the clerk’s office before November 13, 2020. The plaintiffs alleged the Noon Election Day receipt deadline could disenfranchise thousands of voters during the COVID-19 pandemic because many voters would not receive mail-in ballots in time, and due to delays in postal service, the ballots may not be received in time, and therefore the law unduly burdened the right to vote under the First and Fourteenth Amendments. The case was assigned to Judge Sarah Evans Barker.

On August 17, 2020 plaintiffs filed a motion for a preliminary injunction. On September 29, 2020, the Court issued a preliminary injunction against enforcement of the Noon Election Day receipt deadline. 490 F. Supp. 3d 1311. The Court applied the Anderson-Burdick balancing framework and found the deadline imposed a substantial burden on the right to vote because thousands of voters would likely be disenfranchised and the alternative of appearing in person with their ballot was potentially dangerous during the pandemic and did not alleviate the burden. Id. at 1329, 1331. The Court then found the state’s interests did not justify the burden: it was unnecessary to stop voter fraud or establish voter confidence. Id. at 1333. The Court ordered election officials to count all absentee ballots postmarked by November 3, 2020 and received by November 13, 2020. 

On October 2, 2020, defendants appealed the decision to the Seventh Circuit and filed a motion to stay the preliminary injunction pending appeal. On October 6, 2020, the district court issued an order staying the preliminary injunction one week to allow the Seventh Circuit to consider the appeal. 2020 WL 8093320.

On October 13, 2020, the Seventh Circuit reversed and denied the preliminary injunction. 977 F.3d 663. Judge Easterbrook authored the decision. The Court found “as long as the state allows voting in person, there is no constitutional right to vote by mail.” Id. at 664. The Court noted that rules regarding absentee ballots receive rational basis review, and it was rational for the state to require receipt of absentee ballots by election day. Id. In addition, the Court noted that “federal judges [should] not change electoral rules close to an election.” Id. at 665.

On December 28, 2020, plaintiffs moved to voluntarily dismiss the lawsuit without prejudice because the election had passed and their claims were moot. On January 26, 2021, the Court dismissed the case.  

Summary Authors

Kathryn Hurley (3/24/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17399262/parties/common-cause-indiana-v-lawson/


Judge(s)

Baker, Tim A. (Indiana)

Barker, Sarah Evans (Indiana)

Attorney for Plaintiff

Chablani, Aneel L (Ohio)

Attorney for Defendant

Abshire, Courtney Lyn (Indiana)

Fisher, Thomas M. (Indiana)

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Documents in the Clearinghouse

Document

1:20-cv-02007

Docket [PACER]

Jan. 26, 2021

Jan. 26, 2021

Docket
1

1:20-cv-02007

Complaint for Declaratory and Injunctive Relief

July 30, 2020

July 30, 2020

Complaint
29

1:20-cv-02007

Order Granting Plaintiffs' Motion For Preliminary Injunction

Sept. 29, 2020

Sept. 29, 2020

Order/Opinion

490 F.Supp.3d 490

30

1:20-cv-02007

Preliminary Injunction

Sept. 29, 2020

Sept. 29, 2020

Order/Opinion

490 F.Supp.3d 490

40

1:20-cv-02007

Order Granting In Part Defendants'' Motion to Stay

Oct. 6, 2020

Oct. 6, 2020

Order/Opinion

2020 WL 2020

1:20-cv-02007

Appellate Opinion

U.S. Court of Appeals for the Seventh Circuit

Oct. 13, 2020

Oct. 13, 2020

Order/Opinion

977 F.3d 977

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17399262/common-cause-indiana-v-lawson/

Last updated March 18, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief, against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-6106971) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Sniderman, Mark) (Entered: 07/30/2020)

1 Civil Cover Sheet

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2 Proposed Summons

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July 30, 2020

July 30, 2020

Clearinghouse
2

NOTICE of Appearance by Mark W. Sniderman on behalf of Plaintiffs COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Sniderman, Mark) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
3

Summons Issued as to ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (AKH) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
5

NOTICE of Appearance by William R. Groth on behalf of Plaintiffs COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Groth, William) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
6

RETURN of Service by CMRRR, filed by All Plaintiffs. CONNIE LAWSON served on 8/6/2020. (Groth, William) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
7

RETURN of Service by CMRRR, filed by All Plaintiffs. ZACHARY E. KLUTZ served on 8/7/2020; S. ANTHONY LONG served on 8/7/2020; PAUL OKESON served on 8/7/2020; SUZANNAH WILSON OVERHOLT served on 8/7/2020. (Groth, William) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
8

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
9

MOTION for Preliminary Injunction, filed by Plaintiffs COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit 1 - Letter to Secretary of State Connie Lawson from USPS General Counsel Thomas J. Marshall, July 29, 2020, # 2 Exhibit 2 - Letter from Connie Lawson, Ind. Sec. of State, to Myla A. Eldridge, Marion County Clerk, May 29, 2020, # 3 Exhibit E 3 - Declaration of Edward Prein, # 4 Exhibit 4 - Declaration of Marilyn Tawney, # 5 Exhibit 5 - Declaration of Crystal Hammon, # 6 Exhibit 6 - Declaration of Diana Smith, # 7 Exhibit 7 - Affidavit of Julia Vaughn, # 8 Exhibit 8 - Affidavit of Barbara Bolling-Williams)(Sniderman, Mark) Modified on 8/18/2020 (CKM). (Entered: 08/17/2020)

1 Exhibit Exh. 1 - Letter to Secretary of State Connie Lawson from USPS General Co

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2 Exhibit Exh. 2 - Letter from Connie Lawson, Ind. Sec. of State, to Myla A. Eldri

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3 Exhibit Exh. 3 - Declaration of Edward Prein

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4 Exhibit Exh. 4 - Declaration of Marilyn Tawney

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5 Exhibit Exh. 5 - Declaration of Crystal Hammon

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6 Exhibit Exh. 6 - Declaration of Diana Smith

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7 Exhibit Exh. 7 - Affidavit of Julia Vaughn

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8 Exhibit Exh. 8 - Affidavit of Barbara Bolling-Williams

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Aug. 17, 2020

Aug. 17, 2020

RECAP
10

BRIEF/MEMORANDUM in Support re 9 MOTION for Preliminary Injunction, filed by Plaintiffs COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Sniderman, Mark) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

RECAP
11

*** WITHDRAWN PER DKT. 28 *** MOTION Requesting Oral Argument on Their Motion for Preliminary Injunction, filed by Plaintiffs COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) Modified on 9/29/2020 (SWM). (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
12

NOTICE of Appearance by Courtney Lyn Abshire on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Abshire, Courtney) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
13

NOTICE of Filing Motion to Consolidate by ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT (Garn, Jefferson) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
14

NOTICE of Opposition to Motion to Consolidate, filed by Plaintiffs COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP (Sniderman, Mark) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
15

SCHEDULING ORDER: Status Conference set for 8/26/2020 11:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to set a briefing schedule. Signed by Magistrate Judge Tim A. Baker on 8/21/2020.(SWM) (Entered: 08/24/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
17

NOTICE of Parties' First Extension of Time, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
18

MOTION for Attorney(s) Aneel L. Chablani, Ami Gandhi, Jennifer Terrell, Ezra D. Rosenberg, Bradley S. Phillips, and Ryan Snow to Appear pro hac vice (Filing fee $600, receipt number 0756-6151690), filed by Plaintiffs COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit 1 - Certification of Aneel L. Chablani, # 2 Exhibit 2 - Certification of Ami Gandhi, # 3 Exhibit 3 - Certification of Jennifer Terrell, # 4 Exhibit 4 - Certification of Ezra D. Rosenberg, # 5 Exhibit 5 - Certification of Bradley S. Phillips, # 6 Exhibit 6 - Certification of Ryan Snow, # 7 Text of Proposed Order)(Sniderman, Mark) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
19

ORDER granting 18 Motion to Appear pro hac vice. Attorney Aneel L. Chablani, Ami Gandhi, Jennifer Terrell, Ezra D. Rosenberg and Ryan Snow for COMMON CAUSE INDIANA and INDIANA STATE CONFERENCE OF THE NAACP 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 8/28/2020. (SWM) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
20

ORDER ON AUGUST 26, 2020, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel August 26, 2020, for a telephonic status conference. The Court set the following briefing schedule: (1) Defendants shall file a response to Plaintiffs' motion for preliminary injunction by September 16, 2020; and (2) Plaintiffs shall file any reply brief by September 23, 2020. Copy Mailed. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

RECAP
21

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Fisher, Thomas) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
22

NOTICE of Appearance by Kian J. Hudson on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Hudson, Kian) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
23

NOTICE of Appearance by Julia Catherine Payne on behalf of Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Payne, Julia) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
24

RESPONSE in Opposition re 9 MOTION for Preliminary Injunction, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Attachments: # 1 Exhibit Brandon Clifton declaration, # 2 Exhibit Brad King declaration)(Garn, Jefferson) (Entered: 09/16/2020)

1 Exhibit Brandon Clifton declaration

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2 Exhibit Brad King declaration

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Sept. 16, 2020

Sept. 16, 2020

RECAP
25

REPLY in Support of Motion re 9 MOTION for Preliminary Injunction, filed by Plaintiffs COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit Common Cause Ind. v. Lawson, No. 1:20-CV-01825-RLY-TAB (S.D. Ind. Sept. 22, 2020) Entry on Plaintiff's' Motion for Preliminary Injunction)(Sniderman, Mark) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
26

Defendant's ANSWER to 1 Complaint, filed by ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT.(Garn, Jefferson) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
27

Unopposed MOTION to Withdraw 11 MOTION Requesting Oral Argument on Their Motion for Preliminary Injunction, filed by Plaintiffs COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 09/26/2020)

Sept. 26, 2020

Sept. 26, 2020

PACER
28

ORDER granting Plaintiff's 27 Motion to Withdraw Filing No. 11; withdrawing Plaintiff's 11 Motion Requesting Oral Argument on Their Motion for Preliminary Injunction. Signed by Magistrate Judge Tim A. Baker on 9/28/2020. (SWM) (Entered: 09/29/2020)

Sept. 28, 2020

Sept. 28, 2020

RECAP
29

ORDER GRANTING 9 Plaintiff's Motion for Preliminary Injunction - Defendants are preliminarily enjoined from enforcing the noon Election Day receipt deadline for mail-in absentee ballots, codified at Indiana Code §§ 3-11.5-4-3 and 3-11.5-4-10, in the November 3, 2020 election. The specific language of the injunction will be set forth in a separate order as required by the Seventh Circuit. (See Order for Details.) Signed by Judge Sarah Evans Barker on 9/29/2020. (LDH) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

Clearinghouse
30

PRELIMINARY INJUNCTION - 1. Defendants and their respective agents, officers, employees, and successors, and all persons acting in concert with each or any of them or under their direction or control are hereby PRELIMINARYILY ENJOINED from implementing, enforcing, administering, invoking, or giving any effect to the noon Election Day receipt deadline for mail-in absentee ballots, codified at Indiana Code §§ 3-11.5-4-3 and 3-11.5-4-10, in the November 3, 2020 general election; and 2. Defendants Okeson, Long, Wilson Overholt, and Klutz, in their official capacities as members of the Indiana Election Commission and pursuant to the powers and duties of the Indiana Election Commission, as defined in Indiana Code § 3-6-4.1-14, are hereby ORDERED to adopt rules, or emergency rules, requiring all county election boards and their respective agents, officers, employees, and successors, and all persons acting in concert with each or any of them or under their direction or control, not to reject mail-in ballots postmarked on or before November 3, 2020 and received on or before November 13, 2020, and to ensure that such ballots are counted if otherwise valid. Signed by Judge Sarah Evans Barker on 9/29/2020.(LDH) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

Clearinghouse
31

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, William R. Groth hereby notifies the Clerk of the court of changed contact information. (Groth, William) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
32

NOTICE OF APPEAL as to 30 Preliminary Injunction, 29 Order on Motion for Preliminary Injunction, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Filing fee $505, receipt number 0756-6210301) (Garn, Jefferson) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

RECAP
33

DOCKETING STATEMENT by ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT re 32 Notice of Appeal (Garn, Jefferson) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
34

MOTION to Stay Pending Appeal, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT. (Garn, Jefferson) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

RECAP
35

PARTIES' SHORT RECORD re 32 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
36

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 32 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
37

USCA Case Number 20-2911 for 32 Notice of Appeal filed by SUZANNAH WILSON OVERHOLT, S. ANTHONY LONG, CONNIE LAWSON, PAUL OKESON, ZACHARY E. KLUTZ. (LBT) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
38

NOTICE of Supplemental Authority, filed by Defendants ZACHARY E. KLUTZ, CONNIE LAWSON, S. ANTHONY LONG, PAUL OKESON, SUZANNAH WILSON OVERHOLT (Attachments: # 1 Exhibit A) (Garn, Jefferson) (Entered: 10/05/2020)

1 Exhibit A

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Oct. 5, 2020

Oct. 5, 2020

RECAP
39

RESPONSE in Opposition re 34 MOTION to Stay Pending Appeal, filed by Plaintiffs COMMON CAUSE INDIANA, INDIANA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit 1, Democratic National Committee v. Bostelmann, No. 20-2835, 2020 WL __ (7th Cir. Oct. 2, 2020))(Sniderman, Mark) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
40

ORDER - GRANTING IN PART DEFENDANT'S MOTION TO STAY 34 ; Given the critical time period during which this appeal will be under review, and in order to avoid providing absentee voters with a false sense of security regarding the extended absentee ballot receipt deadline as the Seventh Circuit has this appeal under review, we hereby STAY our order granting Plaintiffs' request for preliminary injunctive relief for one week to allow the Seventh Circuit to consider Defendants' appeal and determine whether an additional stay is warranted. In the interim, "lest they effectively lose their right to do so by the vagaries of COVID-19, mail processing, or other, unforeseen developments leading up to the November election. Indiana voters eligible to and desirous of voting by absentee ballot are encouraged to submit their applications well in advance of Indiana's October 22, 2020 deadline, and, upon receipt, to promptly complete and return their absentee ballots without delay. *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 10/6/2020. (CKM) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

RECAP
41

USCA Mandate

Nov. 4, 2020

Nov. 4, 2020

RECAP
43

Notice (Other)

Nov. 25, 2020

Nov. 25, 2020

RECAP
44

Statement

Nov. 26, 2020

Nov. 26, 2020

RECAP
45

Dismiss

1 Text of Proposed Order

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Dec. 29, 2020

Dec. 29, 2020

RECAP
46

Response to Motion (Unopposed)

Jan. 12, 2021

Jan. 12, 2021

PACER
47

Closed Dismissed

Jan. 26, 2021

Jan. 26, 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 30, 2020

Closing Date: Jan. 26, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit, nonpartisan public-interest group that advocates for voting rights and a non-profit, nonpartisan public-interest group founded to fight against racial discrimination and for equality for African Americans.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, State

Indiana Election Commission, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Voting: General & Misc.

Election administration