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Election Law @ Moritz

Election Law @ Moritz



Lewis v. Hughs

Case Information

Date Filed: May 21, 2020
State: Texas
Issues: Improper Election Administration, Absentee Ballots
Current Court: U.S. District Court District for the Western District of Texas (Case 5:20-cv-00577)


The lawsuit challenges the constitutionality of the following provisions in the context of the current COVID-19 crisis: (1) the requirement that voters pay for the postage to return their early voting ballots by mail; (2) the requirement that returned ballots be postmarked no later than 7:00 p.m. on Election Day and received by the county at the address designated on the ballot carrier envelope no later than 5:00 p.m. on the day after the election to be counted; (3) the requirement that voters must submit two handwriting samples that “match”—a standard determined by election officials— in order to have their early voting ballots counted; and (4) the criminalization of a person assisting a voter in returning a marked mail ballot.


Complaint filed 5/11/20. 

U.S. District of Arizona Court Documents

  • Complaint pdf file (5/11/20)
  • Civil Cover Sheet pdf file (5/11/20)
  • Motion To Dismiss By Ruth Hughs pdf file (6/3/20)
  • Plaintiff's Memorandum In Opposition To Motion To Dismiss pdf file (6/3/20)
  • Appendix pdf file (6/3/20)
  • Appendix By Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance For Retired Americans, Texas State Conference Of The National Association For The Advancement of Colored People, Voto Latino pdf file (6/22/20)
  • Ex 1-Declaration Of Aria C. Branch pdf file (6/22/20)
  • Ex A-Expert Report Of Catherine L. Troisi pdf file (6/22/20)
  • Ex B-Texas Case Counts-COVID-19 pdf file (6/22/20)
  • Ex C-Expert Report Of Drs. M. Herron And D. Smith pdf file (6/22/20)
  • Ex D-Drive-Thrus And Free Pencils: Texas Plans For July Elections With In-Person Voting pdf file (6/22/20)
  • Ex E-Recommendations For Election Polling Locations pdf file (6/22/20)
  • Ex F-Quick Facts - Texas, # 8 Ex G-Percent Voting By Age, Gender, Educational Attainment, Race, And Family Income pdf file (6/22/20)
  • Ex G-Percent Voting by Age, Gender, Educational Attainment, Race, and Family Income pdf file (6/22/20)
  • Ex H-NV 2020 Primary Election Turnout pdf file (6/22/20)
  • Ex I-NV 2016 Primary Election Turnout pdf file (6/22/20)
  • Ex J-Early Voting - November 2, 2018 pdf file (6/22/20)
  • Ex K-Declaration of Plaintiff Linda Jan Lewis pdf file (6/22/20)
  • Ex L-Declaration of Plaintiff Madison Lee pdf file (6/22/20)
  • Ex M-Declaration of Maria Teresa Kumar pdf file (6/22/20)
  • Ex N-Declaration of Gary Bledsoe pdf file (6/22/20)
  • Ex O-Declaration of Judy Bryant pdf file (6/22/20)
  • Ex P-Declaration of Plaintiff George Morgan pdf file (6/22/20)
  • Ex Q-King County Prepaid Postage Pilot: Summary pdf file (6/22/20)
  • Ex R-Early Voting by Mail, pdf file (6/22/20)
  • Ex S-These Federal Agencies Have Seen the Most COVID-19 Deaths pdf file (6/22/20)
  • Ex T-Handbook for Election Judges and Clerks 2020 pdf file (6/22/20)
  • Ex U-Declaration of Daryl Jones pdf file (6/22/20)
  • Ex V-Declaration of Barbara Rojas pdf file (6/22/20)
  • Ex W-Expert Report of Dr. Linton A. Mohammed pdf file (6/22/20)
  • Ex X-Declaration of Plaintiff Ellen Sweets pdf file (6/22/20)
  • Ex Y-Declaration of Plaintiff Benny Alexander pdf file (6/22/20)
  • Ex Z-Declaration of Joanna Marie Green pdf file (6/22/20)
  • Ex AA-Declaration of Terrence William Tull pdf file (6/22/20)
  • Ex AB-Declaration of Juanita E. McAdoo pdf file (6/22/20)
  • Ex AC-Declaration of Prentiss Hogan pdf file (6/22/20)
  • Defendants's Reply To Response To Motion, Filed By Ruth Hughs, Texas Secretary Of State, re Motion To Dismiss pdf file (6/24/20)
  • Order Denying Motion To Dismiss, Or Alternatively, For A More Definite Statement pdf file (7/28/20)
  • 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...