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Last Updated: August 24, 2018 at 10:52 PM

Feldman v. Arizona

Case Information

Date Filed: April 15, 2016
State: Arizona
Issues: Voter Supression, Absentee Ballots, Provisional Ballots
Courts that Heard this Case: U.S. District Court for the District of Arizona (Case 2:16-cv-01065); Ninth Circuit U.S. Court of Appeals (Case 16-16698, 16-16865); U.S. Supreme Court (Case 16A460)

Issue:

Whether Arizona's allegedly insufficient number of polling places disenfranchised voters in violation of the Equal Protection Clause, the First Amendment, and section 2 of the Voting Rights Act.

Whether an Arizona law prohibiting individuals from collecting the early ballots of others (aka "ballot harvesting") violates the Voting Rights Act. the Fourteenth Amendment, and the First Amendment because it disproportionately and adversely impacts minorities, unjustifiably burdens the right to vote, and interferes with freedom of association.

Status:

Complaint filed 4/15/16. Amended complaint filed 4/19/16. Motion for Preliminary Injunction filed 6/10/16. Motion to Dismiss filed 6/17/16. Joint Notice of Settlement Agreement as to polling place allocation issue filed 9/9/16. Order Denying Motion for Preliminary Injunction as to HB 2023 (limiting "ballot harvesting") filed 9/23/16. Notice of Interlocutory Appeal filed 9/23/16. Emergency Stay Motion filed in District Court 9/28/16. Order Denying Stay filed 10/4/16. Emergency Motion for Injunction filed in Ninth Circuit 10/4/16. Order Denying Emergency Motion for Injunction filed 10/11/16. Parties' opening briefs at Ninth Circuit filed 10/17/16. Opinion and Order Affirming District Court on "ballot harvesting" issue filed 10/28/16. Opinion and Order Affirming District Court on wrong precinct voting issue filed 11/2/16. Order Denying Injunction pending appeal on wrong precinct voting issue filed 11/4/16. En Banc Opinion and Order granting injunction against Arizona "ballot harvesting" law pending appeal filed 11/4/16. Emergency Application for Stay of Ninth Circuit Injunction filed 11/4/16. U.S. Supreme Court Order granting stay of Ninth Circuit injunction filed 11/5/16. Ninth Circuit En Banc Oral Argument scheduled for 1/17/17. Parties' supplemental briefs on mootness issue filed 12/5/16. Order rescheduling oral argument for June 2017 filed 12/13/16. Second Amended Complaint filed 12/28/16. Defendant and Intervenors motions to dismiss complaint filed 1/17/17. Order granting in part and denying in part plaintiffs' motion to dismiss complaint filed 3/3/17. State defendants' answer filed 3/17/17. Order denying intervenor defendants' motion to dismiss filed 4/13/17. Answer of Arizona Republican Party filed 4/27/17. Order denying motion to review magistrate's order compelling disclosure filed 5/10/17. Order rescheduling oral argument to week of Dec. 11, 2017 filed 5/24/17. Bill of Cost by both Arizona Republican Party and Mark Benovich Issued filed 6/1/18.

District Court Documents

Complaint (filed 04/15/16)
- Civil Cover Sheet
Amended Complaint (filed 04/19/16)
Motion to Intervene (filed 04/29/16)
- Proposed Order
Plaintiffs' Response to Motion to Intervene (filed 05/02/16)
MOTION to Intervene by Arizona Republican Party (filed 05/09/16)
- Partial Answer-in-Intervention to Amended Complaint
- Proposed Order
Corporate Disclosure Statement by Arizona Republican Party (filed 05/09/16)
NOTICE re: Stipulation to Produce Database Subject to Redaction by Arizona Secretary of State' s Office (filed 05/13/16)
Defendant's RESPONSE to Plaintiffs' Joint Stipulation and Notice to Produce Statewide Voter Registration Database (filed 05/16/16)
Motion to Intervene (filed 05/16/16)
Notice re: Briefing (filed 05/18/16)
Stipulation as to Dismissal of Plaintiffs Ruiz and Baker (filed 05/19/16)
Order pursuant to Stipulation (filed 05/20/16)
Protective Order (filed 05/27/16)
Plaintiffs' Opposition to Motion to Intervene (filed 06/02/16)
Order (filed 06/07/16)
Motion for Preliminary Injunction (filed 06/10/16)
- Proposed Order
Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction (filed 06/10/16)
Reply in Support of Motion to Intervene (filed 06/13/16)
Motion to Dismiss for Failure to State a Claim, Lack of Jurisdiction (filed 06/17/16)
- Exhibits A-D
Emergency Motion to Strike (filed 06/22/16)
Response to Emergency Motion to Strike (filed 06/23/16)
Order granting Motion to Intervene (filed 06/28/16)
Joinder re: Motion to Dismiss (filed 06/30/16)
Order (filed 7/6/16)
Intervenor-Defendants' Response to Motion for Preliminary Injunction (filed 7/19/16)
- Exhibits
State Defendants' Response to Motion for Preliminary Injunction (filed 7/19/16)
- Declaration of Karen Hartman-Tellez
Plaintiffs' Joint Reply in Support of Motion for Preliminary Injunction (filed 7/26/16)
- Declaration of Sheila Healy
- Declaration of Steven Begay
- Declaration of Ernesto Teran
- Declaration of Carmen Arias
- Declaration of Sarah Gonski
  - Exhibits
Joint Notice of Settlement Agreement as to Polling Location Allocation (filed 9/9/16)
Joint Motion to Dismiss County Defendants (filed 9/22/16)
Order Denying Motion for Preliminary Injunction as to HB 2023 (filed 9/23/16)
Response to Joint Motion to Dismiss County Defendants (filed 9/23/16)
Notice of Interlocutory Appeal (filed 9/23/16)
Emergency Stay Motion (filed 9/28/16)
Response to Emergency Stay Motion (filed 10/3/16)
Order Denying Stay (filed 10/4/16)
Order Denying Plaintiffs' Motion for Preliminary Injunction (filed 10/11/16)
Second Amended Complaint (filed 12/28/16)
Order Denying Motion to Dismiss County Defendants as Moot (filed 1/4/17)
Intervenor Defendants' Motion to Dismiss Second Amended Complaint (filed 1/17/17)
Arizona Secretary of State's Motion to Dismiss Second Amended Complaint (filed 1/17/17)
Plaintiff’s Response in Opposition to State Defendants’ motion to Dismiss (filed 2/7/17)
Plaintiff’s Response in Opposition to Intervenor-Defendants’ Motion to Dismiss (filed 2/7/17)
Intervenor-Defendants’ reply in support of Motion to Dismiss Claim (filed 2/14/17)
State-Defendants’ Reply in Support of Motion to Dismiss Claim (filed 2/14/17)
Order Granting in Part and Denying in Part Motion to Dismiss Claim (filed 3/3/17)
Defendant Arizona’s Answer to Amended Complaint (filed 3/17/17)
Order Denying Motion to Dismiss of Intervenor-Defendants (filed 4/13/17)
Answer of Arizona Republican Party (filed 4/27/17)
Motion for Privacy Act Orde r (filed 6/13/17)
Protective Order Granted (filed 6/16/17)
Motion to Compel Plaintiffs to Produce Documents (filed 6/28/17)

Exhibit A

Response in Opposition to Compel Production of Documents (filed 7/6/17)

Order Denying Motion to Compel Documents (filed 7/25/17)
Proposed Pretrial Order (filed 7/31/17)
Motion to Compel and Monitor for Reconsideration (filed 8/4/17)

Exhibits

Response in Opposition (filed 8/11/17)

Order Granting in Part and Denying in Part (filed 9/7/17)
Motion in Limine on Spoliation of Electronic Evidence (filed 9/18/17)

Exhibit A-F

Response to Defendants' Motion in Limine (filed 9/25/17)

Exhibit A-C

Trial Brief (filed 9/26/17)
Statement of Facts (filed 9/26/17)
Response to Trial Brief and Motion (filed 10/10/17)
Response to Motion (filed 10/13/17)
Response in Opposition (filed 10/17/17)
Memorandum in Support of Motion to Admit Exhibits (filed 10/17/17)
Response Memorandum (filed 10/20/17)
Reply to Response to Motion (filed 10/23/17)
Rule 7.2 Notice (filed 4/17/18)
Order Regarding Evidentiary Issue (filed 5/8/18)
Notice of Appeal (filed 5/9/18)

Order RE: Exhibits (filed 5/10/18)
Motion for Injunction (filed 5/17/18)
Response in Opposition to Motion (filed 5/22/18)
Bill of Costs by Mark Brnovich (filed 5/22/18)

Affidavit

Bill of Costs by Arizona Republican (filed 5/22/18)

Order Denying Plaintiffs' Motion (filed 5/25/18)
Order Granting Joint Stipulation to Stay (filed 6/1/18)

Ninth Circuit Court of Appeals Documents ("ballot harvesting" appeal)

Excerpts of Record (filed 10/4/16)
Plaintiffs' Emergency Motion for Injunction Pending Appeal and for Expedited Appeal (filed 10/4/16)
State Defendants/Appellees' and Defendant-Intervenors/Appellees' Response in Opposition to the Emergency Motion for Injunction Pending Appeal and for Expedited Appeal (filed 10/7/16)
Plaintiff-Appellants' Reply in Support of Emergency Motion for Injunction Pending Appeal and for Expedited Appeal (filed 10/10/16)
Order Denying Emergency Motion for Injunction Pending Appeal (filed 10/11/16)
Appellants' Opening Brief (filed 10/17/16)
State Defendants/Appellees' Brief (filed 10/17/16)
Joint Motion to Consolidate Appeals (filed 10/20/16)
Plaintiff-Appellants' Response to Defendants' Joint Motion to Consolidate (filed 10/20/16)
Order Denying Motion to Consolidate (filed 10/21/16)
Opinion and Order Affirming District Court's Denial of Preliminary Injunction (filed 10/28/16)
Plaintiff-Appellants' Petition for Rehearing En Banc (filed 10/31/16)
State Defendants/Appellee's Supplemental Brief in Opposition to Rehearing En Banc (filed 10/31/16)
Brief of Defendant-Intervenor Arizona Republican Party Opposing Rehearing En Banc (filed 10/31/16)
En Banc Opinion and Order Granting Injunction Pending Appeal (filed 11/4/16)
Order Setting Oral Argument En Banc for 1/17/17, for ballot harvesting and wrong precinct appeals (filed 11/23/16)
State's Brief on Mootness (filed 12/5/16)
Arizona Republican Party Brief on Mootness (filed 12/5/16)
Plaintiffs-Appellants' Brief on Mootness (filed 12/5/16)
Order Rescheduling Oral Argument to June 2017 (filed 12/13/16)
Mandate of USCA (filed 6/1/18)
Mandate of USCA (filed 6/1/18)

Ninth Circuit Court of Appeals Documents (wrong precinct voting appeal)

Appellants' Brief (filed 10/24/16)

Brief of Arizona Secretary of State (filed 10/24/16)
Brief of Intervenor, Arizona Republican Party (filed 10/24/16)
Brief of Maricopa County Defendants (filed 10/24/16)
Opinion and Order Affirming District Court (filed 11/2/16)
Order Denying Injunction Pending Appeal (filed 11/4/16)
Order Setting Oral Argument En Banc for 1/17/17, for ballot harvesting and wrong precinct appeals (filed 11/23/16)
See Ninth Circuit documents above for parties' supplemental briefs on mootness issue

U.S. Supreme Court Documents ("ballot harvesting" appeal)

Emergency Application for Stay of Ninth Circuit's Injunction (filed 11/4/16)
Order Granting Stay of Ninth Circuit's Injunction (filed 11/5/16)

Commentary

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

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

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