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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Paher v. Cegavske

Case Information

Date Filed: April 21, 2020
State: Nevada
Issue: Improper Election Administration
Current Court: United States District Court for the District of Nevada (Case 3:20-cv-00243)

Issue:

Plaintiffs allege that the all-mail election plan implemented by Nevada's secretary of state of stripping vote-fraud prevention safeguards established by the legislature violates voters’ (i) right to vote under the U.S. Constitution (due to vote dilution), (ii) right to vote in a federal election compliant with the U.S. Constitution at Article I, § 4, cl. 1, and (iii) right to a republican form of government under Article IV, § 4 of the U.S. Constitution. 

Status:

Complaint filed 4/21/20. Motion for Preliminary Injunction filed 4/21/20. Order Denying Preliminary Injunction 4/30/20. Motion to Dismiss Complaint 5/11/20. Amended Complaint filed 5/13/20. Second Motion for Preliminary Injunction 5/13/20. Motion to Dismiss Amended Complaint 5/20/20. Motion to Dismiss the Motion for Preliminary Injunction 5/20/20. Order Denying Plaintiff's Second Motion for Preliminary Injunction 5/27/20. 

U.S. District Court for the District of Nevada Court Documents

  • Complaint pdf file (4/21/20)
  • Exhibit 1 pdf file (4/21/20)
  • Exhibit 2 pdf file (4/21/20)
  • Exhibit 3 pdf file (4/21/20)
  • Exhibit 4 pdf file (4/21/20)
  • Exhibit 5 pdf file (4/21/20)
  • Exhibit 6 pdf file (4/21/20)
  • Exhibit 7 pdf file (4/21/20)
  • Civil Cover Sheet pdf file (4/21/20)
  • Summons pdf file (4/21/20)
  • Summons pdf file (4/21/20)
  • Motion for Preliminary Injunction by Plaintiffs pdf file (4/21/20)
  • Motion To Consolidate Hearing On Motion For Preliminary Injunction With Hearing On Merits For The Complaint By Plaintiffs pdf file (4/21/20)
  • Response To Motion For Preliminary Injunction By Defendant Deanna Spikula pdf file (4/27/20)
  • Motion To Intervene Motion To Intervene As Defendants By Intervenor Defendants Nevada State Democratic Party pdf file (4/27/20)
  • Exhibit 1 pdf file (4/21/20)
  • Exhibit 2 pdf file (4/21/20)
  • Exhibit 3 pdf file (4/21/20)
  • Exhibit 4 pdf file (4/21/20)
  • Exhibit 5 pdf file (4/21/20)
  • Exhibit 6 pdf file (4/21/20)
  • Response To Motion For Preliminary Injunction By Defendant Barbara Cegavske pdf file (4/27/20)
  • Order That Proposed Intervenors-Defendants' Motion To Intervene Is Granted pdf file (4/28/20)
  • Reply To Response To Motion For Preliminary Injunction By Plaintiffs Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher pdf file (4/28/20)
  • Declaration Of Deanna Spikula re Declaration, Response By Defendant Deanna Spikula pdf file (4/29/20)
  • Order Denying Motion For Preliminary Injunction pdf file (4/30/20)
  • Motion To Dismiss Complaint, by Defendant Deanna Spikula pdf file (5/11/20)
  • Joinder To Motion To Dismiss By Defendant Barbara Cegavske pdf file (5/11/20)
  • Amended Complaint Against All Plaintiffs By Garry Hamilton, Terresa Monroe-Hamilton, Stanley William Paher pdf file (5/13/20)
  • Exhibits A - S pdf file (5/13/20)
  • Second Motion For Preliminary Injunction By Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right To Life, Stanley William Paher pdf file (5/13/20)
  • Second Motion To Consolidate Hearing Of Preliminary Injunction With Hearing On The Merits re Motion For Preliminary Injunction, By Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right To Life, Stanley William Paher pdf file (5/13/20)
  • Motion To Dismiss 64 Amended Complaint By Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon. pdf file (5/19/20)
  • Response To Motion For Preliminary Injunction, By Intervenor Defendants DCCC, DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon pdf file (5/20/20)
  • Joinder To Motion To Dismiss By Defendant Deanna Spikula pdf file (5/20/20)
  • Response To Motion For Preliminary Injunction, By Defendant Deanna Spikula pdf file (5/20/20)
  • Exhibit A pdf file (5/20/20)
  • Exhibit B pdf file (5/20/20)
  • Exhibit C pdf file (5/20/20)
  • Exhibit D pdf file (5/20/20)
  • Response To Motion For Preliminary Injunction, By Defendant Clark County Registrar Of Voters pdf file (5/20/20)
  • Joinder To Motion To Dismiss By Defendant Clark County Registrar Of Voters pdf file (5/20/20)
  • Motion To Dismiss Motion For Preliminary Injunction, By Defendant Barbara Cegavske pdf file (5/20/20)
  • Response To Motion For Preliminary Injunction, By Defendant Barbara Cegavske pdf file (5/20/20)
  • Reply To Response To Motion Dor Preliminary Injunction, By Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right To Life, Stanley William Paher pdf file (5/21/20)
  • Order Denying Plaintiffs' Second Motion For Preliminary Injunction pdf file (5/27/20)
  • Response To Motion To Dismiss, Motion To Dismiss By Plaintiffs Linda Barnett, Daryl Bryon DeShaw, Mark Ecker, Gary Gladwill, Garry Hamilton, Terresa Monroe-Hamilton, Nevada Right To Life, Stanley William Paher pdf file (7/2/20)
  • Reply To Response To Motion To Dismiss By Defendant Barbara Cegavske pdf file (7/8/20)
  • Reply To Response To Motion To Dismiss By Intervenor Defendants DNC Services Corporation/Democratic National Committee, Nevada State Democratic Party, Priorities USA, John Solomon pdf file (7/8/20)
  • Joinder To Reply By Defendant Deanna Spikula pdf file (7/8/20)
  • 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...