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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Judicial Watch v. Pennsylvania

Case Information

Date Filed: April 29, 2020
State: Pennsylvania
Issues: State Voter Registration Databases, Voter Eligibility, Voter Registration
Current Court: U.S. District Court District for the Middle District of Pennsylvania (Case 20-cv-00708)

Issue:

 Plaintiffs are suing to compel Defendants to comply with their alleged voter list maintenance obligations and their record production obligations under Section 8 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20507. 

Status:

Motion to Dismiss filed 6/10/20.

U.S. District Court Documents

  • Complaint pdf file (4/29/20)
  • Exhibit 1 pdf file (4/29/20)
  • Exhibit 2 pdf file (4/29/20)
  • Exhibit 3 pdf file (4/29/20)
  • Exhibit 4 pdf file (4/29/20)
  • Exhibit 5 pdf file (4/29/20)
  • Exhibit 6 pdf file (4/29/20)
  • Exhibit 7 pdf file (4/29/20)
  • Exhibit 8 pdf file (4/29/20)
  • Exhibit 9 pdf file (4/29/20)
  • Exhibit 10 pdf file (4/29/20)
  • Motion To Intervene As Party Defendants By Common Cause Pennsylvania, League Of Women Voters Of Pennsylvania pdf file (5/11/20)
  • Proposed Order pdf file (5/11/20)
  • Brief In Support re Motion To Intervene As Party Defendants Filed By Common Cause Pennsylvania, League Of Women Voters Of Pennsylvania pdf file (5/11/20)
  • Affidavit In Opposition re Motion To Intervene As Party Defendants Filed By Judicial Watch, Inc. pdf file (5/26/20)
  • Exhibit 1 pdf file (5/26/20)
  • Exhibit 2 pdf file (5/26/20)
  • Exhibit 3 pdf file (5/26/20)
  • Exhibit 4 pdf file (5/26/20)
  • Exhibit 5 pdf file (5/26/20)
  • Proposed Order pdf file (5/26/20)
  • Brief In Opposition re Motion To Intervene As Party Defendants Filed By Judicial Watch, Inc. pdf file (5/26/20)
  • Motion For Leave To File Memo Of Law Of The County Defendants In Support Of Motion For Non-Parties Common Cause Pennsylvania And League Of Women Voters Of Pennsylvania For Leave To Intervene, By Bucks County Board Of Elections, Bucks County Commission, Bucks County Registration Commission, Sandra Burke, Chester County Board Of Elections, Chester County Commission, Chester County Registration Commission, Delaware County Board Of Elections, Delaware County Council, Delaware County Registration Commission, Thomas Freitag, Laureen Hagan pdf file (6/9/20)
  • Exhibit(s) A - Memo Of Law Of The County Defendants In Support Of Motion For Non-Parties Common Cause Pennsylvania And League Of Women Voters Of Pennsylvania For Leave To Intervene pdf file (6/9/20)
  • Memo Of Law In Support Of Motion For Leave To File pdf file (6/9/20)
  • Proposed Order pdf file (6/9/20)
  • Certificate of Nonconcurrence pdf file (6/9/20)
  • Reply Brief re Motion To Intervene As Party Defendants Filed By Common Cause Pennsylvania, League Of Women Voters Of Pennsylvania pdf file (6/9/20)
  • Ex. 1 (Almeda Declaration) pdf file (6/9/20)
  • Ex. 2 (Hendershot Declaration) pdf file (6/9/20)
  • Affidavit In Opposition re Motion For Leave To File Memo Of Law Of The County Defendants In Support Of Motion For Non-Parties Common Cause Pennsylvania And League Of Women Voters Of Pennsylvania For Leave To Intervene, Filed By Judicial Watch, Inc pdf file (6/9/20)
  • Exhibit 1 pdf file (6/9/20)
  • Exhibit 2 pdf file (6/9/20)
  • Brief In Opposition re Motion For Leave To File Memo Of Law Of The County Defendants In Support Of Motion For Non-Parties Common Cause Pennsylvania And League Of Women Voters Of Pennsylvania For Leave To Intervene, Filed By Judicial Watch, Inc pdf file (6/9/20)
  • Order Granting Motion For Leave To File pdf file (6/10/20)
  • Brief In Support re Motion To Intervene As Party Defendants Filed By County Defendants pdf file (6/10/20)
  • Answer To Complaint, By Kathy Boockvar, Commonwealth Of Pennsylvania pdf file (6/10/20)
  • Exhibit A pdf file (//20)
  • Defendant-Intervenors' Aanswer To Complaint, By Common Cause Pennsylvania, League Of Women Voters Of Pennsylvania pdf file (6/10/20)
  • Motion To Dismiss For Failure To State A Claim By Bucks County Board Of Elections, Bucks County Commission, Bucks County Registration Commission, Sandra Burke, Chester County Board Of Elections, Chester County Commission, Chester County Registration Commission, Delaware County Board Of Elections, Delaware County Council, Delaware County Registration Commission, Thomas Freitag, Laureen Hagan pdf file (6/10/20)
  • Memorandum Of Law In Support Of The Motion To Dismiss Of The County Defendants, pdf file (6/10/20)
  • Exhibit 1 pdf file (6/10/20)
  • Exhibit 2 pdf file (6/10/20)
  • Exhibit 3 pdf file (6/10/20)
  • Certificate Of Nonconcurrence pdf file (6/10/20)
  • Proposed Order pdf file (6/10/20)
  • Answer and Affirmative Defenses pdf file (7/10/20)
  • Defendant-Intervenors' Answer in Intervention to Complaint for Declaratory and Injunctive Relief pdf file (7/10/20)
  • Motion to Dismiss of the County Defendants pdf file (7/10/20)
  • Civil Practice Order pdf file (7/27/20)
  • Order pdf file (8/03/20)
  • Plaintiff Judicial Watch's Memorandum of Law in Opposition to the County Defendants' Motion to Dismiss pdf file (8/7/20)
  • Reply Brief in Further Support of Motion to Dismiss of the County Defendants pdf file (9/4/20)
  • 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...