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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Voto Latino Inc. v. Hobbs

Case Information

Date Filed: November 26, 2019
State: Arizona
Issue: Absentee Ballots
Current Court: U.S. District Court for the District of Arizona (Case 2:19-cv-05685-DWL)

Issue:

Whether Arizona's deadline for voters to submit their early ballots by mail is constitutional

Status:

Complaint filed 11/26/19. Amended complaint for declaratory and injunctive relief 12/2/19. Arizona Secretary of State's motion to dismiss 2/3/20. Second amended complaint for declaratory injunctive relief 2/24/20. Arizona Secretary of State's motion to stay consideration of plaintiff's motion for preliminary injunction or in the alternative an extension of time 3/4/20. Order granting in part motion to stay 3/13/20. Motion to dismiss plaintiffs' second amended complaint 3/13/20. Response in opposition to motion to dismiss second amended complaint 4/20/20. Motion to postpone hearing by plaintiffs 5/20/20. Order postponing hearing 5/20/20. 

District Court Documents

  • Plaintiff Complaint pdf file (11/26/19)
  • Amended Complaint For Declaratory And Injunctive Relief pdf file (12/2/19)
  • Arizona Secretary Of State's Motion To Dismiss pdf file (2/3/20)
  • Second Amended Complaint For Declaratory And Injunctive Relief pdf file (2/24/20)
  • Memorandum Of Points And Authorities In Support Of Plaintiffs' Motion For Preliminary Injunction pdf file (2/25/20)
  • Declaration Of John Devaney In Support Of Plaintiffs' Motion For Preliminary Injunction pdf file (2/25/20)
  • Exhibit 1 pdf file (2/25/20)
  • Exhibit 2 pdf file (2/25/20)
  • Exhibit 3 pdf file (2/25/20)
  • Exhibit 4 pdf file (2/25/20)
  • Exhibit 5 pdf file (2/25/20)
  • Exhibit 6 pdf file (2/25/20)
  • Exhibit 7 pdf file (2/25/20)
  • Exhibit 8 pdf file (2/25/20)
  • Exhibit 9 pdf file (2/25/20)
  • Exhibit 10 pdf file (2/25/20)
  • Exhibit 11 pdf file (2/25/20)
  • Exhibit 12 pdf file (2/25/20)
  • Exhibit 13 pdf file (2/25/20)
  • Exhibit 14 pdf file (2/25/20)
  • Exhibit 15 pdf file (2/25/20)
  • Exhibit 16 pdf file (2/25/20)
  • Exhibit 17 pdf file (2/25/20)
  • Exhibit 18 pdf file (2/25/20)
  • Exhibit 19 pdf file (2/25/20)
  • Exhibit 20 pdf file (2/25/20)
  • Arizona Secretary Of State’s Expediated Motion To Stay Consideration Of Plaintiffs’ Motion For Preliminary Injunction Or In The Alternative An Extension Of Time pdf file (3/4/20)
  • [Proposed] Order Granting Secretary’s Motion For Stay pdf file (3/4/20)
  • Order Granting In Part Motion To Stay pdf file (3/13/20)
  • Arizona Secretary Of State’s Motion To Dismiss Plaintiffs’ Second Amended Complaint pdf file (3/13/20)
  • Declaration of John Devaney in Support of 35 Plaintiffs' Supplemental Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Preliminary Injunction pdf file (4/15/20)
  • Exhibit 1 pdf file (4/15/20)
  • Exhibit 2 pdf file (4/15/20)
  • Exhibit 3 pdf file (4/15/20)
  • Exhibit 4 pdf file (4/15/20)
  • Exhibit 5 pdf file (4/15/20)
  • Exhibit 6 pdf file (4/15/20)
  • Exhibit 7 pdf file (4/14/20)
  • Exhibit 8 pdf file (4/14/20)
  • Exhibit 9 pdf file (5/15/20)
  • Exhibit 10 pdf file (4/15/20)
  • Exhibit 11 pdf file (4/15/20)
  • Exhibit 12 pdf file (4/15/20)
  • Exhibit 13 pdf file (4/15/20)
  • Exhibit 14 pdf file (4/15/20)
  • Exhibit 15 pdf file (4/15/20)
  • Exhibit 16 pdf file (4/15/20)
  • Exhibit 17 pdf file (4/15/20)
  • Exhibit 18 pdf file (4/15/20)
  • Exhibit 19 pdf file (4/15/20)
  • Exhibit 20 pdf file (4/15/20)
  • Exhibit 21 pdf file (4/15/20)
  • Exhibit 22 pdf file (4/15/20)
  • Exhibit 23 pdf file (4/15/20)
  • Exhibit 24 pdf file (4/15/20)
  • Exhibit 25 pdf file (4/15/20)
  • Exhibit 26 pdf file (4/15/20)
  • Exhibit 27 pdf file (4/15/20)
  • Exhibit 28 pdf file (4/15/20)
  • Exhibit 29 pdf file (4/15/20)
  • Exhibit 30 pdf file (4/15/20)
  • Exhibit 31 pdf file (4/15/20)
  • Exhibit 32 pdf file (4/15/20)
  • Exhibit 33 pdf file (4/15/20)
  • Exhibit 34 pdf file (4/15/20)
  • Exhibit 35 pdf file (4/15/20)
  • Exhibit 36 pdf file (4/15/20)
  • Exhibit 37 pdf file (4/15/20)
  • Exhibit 38 pdf file (4/15/20)
  • Supplemental Memorandum of Points and Authorities in Support of 22 Motion for Preliminary Injunction by Plaintiffs pdf file (4/15/20)
  • Response in Opposition re: 30 Motion to Dismiss Case pdf file (4/20/20)
  • Reply re: 30 Motion to Dismiss Case Arizona Secretary of State's Reply in Support of Motion to Dismiss Plaintiff's Second Amended Complaint by Defendant pdf file (4/27/20)
  • Reply to Response to Motion re: 30 Motion to Dismiss Case and Notice of Withdrawal re: 40 filed by Katie Hobbs pdf file (4/27/20)
  • Exhibit 1 pdf file (4/27/20)
  • Response to Motion re: 22 Motion for Preliminary Injunction, Arizona Secretary of State's Response in Opposition to Motion for Preliminary Injunction pdf file (5/4/20)
  • Declaration of Linley Wilson re: 43 Response to Motion Declaration of Linley Wilson in Support of Response in Opposition to Motion for Preliminary Injunction by Defendant Katie Hobbs pdf file (5/4/20)
  • Exhibit A pdf file (5/4/20)
  • Exhibit B pdf file (5/4/20)
  • Exhibit C pdf file (5/4/20)
  • Reply to Response to Motion re: 22 Motion for Preliminary Injunction pdf file (5/12/20)
  • Declaration of John Devaney re: 47 Reply to Response to Motion by Plaintiffs pdf file (5/12/20)
  • Exhibit A to Declaration of John Devaney, pdf file (5/12/20)
  • Exhibit B to Declaration of John Devaney, pdf file (5/12/20)
  • Exhibit C to Declaration of John Devaney, pdf file (5/12/20)
  • Motion Postpone Hearing by Plaintiffs pdf file (5/20/20)
  • Text of Proposed Order pdf file (5/20/20)
  • Order Granting Motion to Postpone Hearing 5/20/20

    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...

    Major Pending Cases

    more litigation...