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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Gilby v. Hughs

Case Information

Date Filed: October 30, 2019
State: Texas
Issues: Early Voting, Improper Election Administration
Current Court: U.S. District Court District for the Western District of Texas (Case 1:19-cv-01063)

Issue:

Plaintiffs challenge HB 1888, which they argue effectively bans temporary or "mobile" early voting sites by requiring that every early voting location operate for eight hours each weekday and stay open for the same number of weekdays as the main early voting location in the county. Plaintiffs argue that this is a violation of the First, Fourteenth, and Twenty-Sixth Amendments. 

Status:

Complaint filed 10/30/19. Amended Complaint filed 11/26/19. Opposed Motion to Abstain or Postpone by Defendants filed 4/17/20. Order Denying Opposed Motion to Abstain or Postpone by Defendants filed 5/26/20. 

U.S. District Court for the Western District of Texas

  • Complaint pdf file (10/30/19)
  • Civil Cover Sheet pdf file (10/30/19)
  • First Amended Complaint Against Ruth Hughs pdf file (11/26/19)
  • Motion To Dismiss By Ruth Hughs pdf file (12/10/19)
  • Unopposed Motion To Consolidate Cases By Ruth Hughs pdf file (12/18/19)
  • Response By Plaintiffs In Opposition To Motion To Dismiss pdf file (12/24/19)
  • Appendix To Response In Opposition To Motion To Dismiss pdf file (12/24/19)
  • Declaration Of J. Geise pdf file (12/24/19)
  • Exhibit A-Texas Tribune Article pdf file (12/24/19)
  • Exhibit B-Declaration of D. DeBeauvoir pdf file (12/24/19)
  • Exhibit C-Election Advisory No. 2019-20 pdf file (12/24/19)
  • Exhibit D-Williamson Co. 2020 EV Schedule pdf file (12/24/19)
  • Order Granting Defendant's Unopposed Motion To Consolidate pdf file (12/30/19)
  • Defendat's Reply To Response To Motion To Dismiss pdf file (12/31/19)
  • Response In Opposition To Motion To Dismiss, Filed By Terrell Blodgett, Texas College Democrats, Texas Young Democrats pdf file (12/31/19)
  • Proposed Order pdf file (12/31/19)
  • Reply To Response To Motion, Filed By Ruth Hughs, re Motion To Dismiss pdf file (1/7/20)
  • Motion To Compel By Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas Democratic Party pdf file (3/2/20)
  • Proposed Order pdf file (3/2/20)
  • Appendix To MOTION To Compel pdf file (3/2/20)
  • Exhibit 1 - Declaration Of Alexi Velez pdf file (3/2/20)
  • Exhibit A - Responses pdf file (3/2/20)
  • Exhibit B - Privilege Log Produced On Behalf Of State Senator Paul Bettencourt pdf file (3/2/20)
  • Exhibit C - Privilege Log Produced On Behalf Of State Representative Greg Bonnen pdf file (3/2/20)
  • Exhibit D - Privilege Log Produced On Behalf Of State Representative Patrick Fallon pdf file (3/2/20)
  • Exhibit E - Privilege Log Produced On Behalf Of State Senator Joan Huffman pdf file (3/2/20)
  • Exhibit F - Privilege Log Produced On Behalf Of State Representative Drew Springer pdf file (3/2/20)
  • Exhibit G - Privilege Log Produced On Behalf Of State Representative Candy Noble pdf file (3/2/20)
  • Exhibit H -Privilege Log Produced On Behalf Of State Representative Valoree Swanson pdf file (3/2/20)
  • Exhibit I - February 28, 2020 Letter And Production pdf file (3/2/20)
  • Exhibit J - Summary Exhibit pdf file (3/2/20)
  • Response To Motion To Compel, Filed By Third-Party Legislators pdf file (3/9/20)
  • Exhibit A pdf file (3/9/20)
  • Proposed Order pdf file (3/9/20)
  • Reply In Support Of Motion To Compell by Plaintiff Emily Gilby, Plaintiff Democratic Senatorial Campaign Committee, Plaintiff Texas Democratic Party, Plaintiff Democratic Congressional Campaign Committee pdf file (3/16/20)
  • Notice Of Voluntary Dismissal By Texas College Democrats, Texas Young Democrats pdf file (4/8/20)
  • Proposed Order pdf file (4/8/20)
  • Order Dismissing Without Prejudice Plaintiffs Texas Young Democrats And Texas College Democrats pdf file (4/9/20)
  • Opposed Motion To Abstain Or Postpone By Ruth Hughs pdf file (4/17/20)
  • Proposed Order pdf file (4/17/20)
  • Statement Of Issues Regarding Unresolved Legislative Privilege Issue By Terrell Blodgett, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas College Democrats pdf file (4/17/20)
  • Response To Motion, Filed By Terrell Blodgett, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas Democratic Party pdf file (4/24/20)
  • Exhibit A-State Court Order pdf file (4/24/20)
  • Reply To Response To Motion Abstain Or Postpone pdf file (5/1/20)
  • Joint Motion For Entry Of Confidentiality And Protective Order By Ruth Hughs pdf file (5/6/20)
  • Proposed Order pdf file (5/6/20)
  • Confidentiality And Protective Order pdf file (5/7/20)
  • Order Denying The Texas Secretary Of State's Opposed Motion To Abstain Or Postpone pdf file (5/26/20)
  • Motion To Compel By Terrell Blodgett, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas College Democrats, Texas Democratic Party, Texas Young Democrats pdf file (6/8/20)
  • Proposed Order pdf file (6/8/20)
  • Appendix To Motion To Compel By Terrell Blodgett, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas College Democrats, Texas Democratic Party, Texas Young Democrats pdf file (6/8/20)
  • Response To Motion, Filed By Ruth Hughs, re Motion To Compel Filed By Plaintiff Emily Gilby, Consol Plaintiff Terrell Blodgett, Plaintiff Democratic Senatorial Campaign Committee, Consol Plaintiff Texas Young Democrats, Plaintiff Texas Democratic Party, Consol Plaintiff Texas College Democrats, Plaintiff Democratic Congressional Campaign Committee pdf file (6/12/20)
  • Exhibit 1 pdf file (6/12/20)
  • Proposed Order pdf file (6/12/20)
  • Reply In Support Of Motion To Compel Filed By Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas Democratic Party pdf file (6/19/20)
  • Opposed Motion For Reconsideration re Order On Motion To Compel By Ruth Hughs pdf file (7/17/20)
  • Exhibit 1 pdf file (7/17/20)
  • Exhibit 2 pdf file (7/17/20)
  • Proposed Order pdf file (7/17/20)
  • Response In Opposition To Motion, Filed By Terrell Blodgett, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas College Democrats, Texas Democratic Party, Texas Young Democrats, re Opposed Motion For Reconsideration pdf file (7/20/20)
  • Exhibit A pdf file (7/20/20)
  • Proposed Order pdf file (7/20/20)
  • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

    more commentary...

    In the News

    Daniel P. Tokaji

    This is why US election ballots routinely go missing

    Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

     

    "Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


    more EL@M in the news...

    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...