Case: Morgan v. White

1:20-cv-02189 | U.S. District Court for the Northern District of Illinois

Filed Date: April 7, 2020

Closed Date: Aug. 13, 2020

Clearinghouse coding complete

Case Summary

The Committee for the Illinois Democracy Amendment (a ballot initiative organization) and several of its members filed this case under 42 U.S.C. § 1983 and state law in the U.S. District Court for the Northern District of Illinois on April 7, 2020. The complaint alleged that requiring the collection of in-person signatures to authorize ballot referenda during the COVID-19 public health emergency violated the plaintiffs' First and Fourteenth Amendment rights. They sought declaratory judgment as …

The Committee for the Illinois Democracy Amendment (a ballot initiative organization) and several of its members filed this case under 42 U.S.C. § 1983 and state law in the U.S. District Court for the Northern District of Illinois on April 7, 2020. The complaint alleged that requiring the collection of in-person signatures to authorize ballot referenda during the COVID-19 public health emergency violated the plaintiffs' First and Fourteenth Amendment rights. They sought declaratory judgment as well as temporary and permanent injunctive relief. The plaintiffs, represented by private counsel, sued a group of state and local officials and members of the Illinois Board of Elections. The case was assigned to Judge Charles Norgle, Sr.

Two days after filing the complaint, on April 9, the plaintiffs filed a motion for a preliminary injunction. The plaintiffs requested an injunction requiring defendants to create an online forum for signing ballot referenda petitions so Illinois voters can participate in the democratic process while taking public health precautions. They also requested that the number of signatures required for the addition of ballot referenda under Article XIV and Article VII of the Illinois Constitution be reduced by 50%.

The defendants filed a response to the plaintiffs' motion for a preliminary injunction on April 15, 2020. Around that time, several individual defendants filed motions to dismiss for failure to state a claim, lack of standing, and lack of jurisdiction. After a status hearing on April 17, the court denied the plaintiffs motion for preliminary injunction.

The plaintiffs filed an amended complaint on April 27, 2020, adding a claim that contended that the Illinois state Constitution required uniform application of ballot access. The plaintiffs also filed a motion for reconsideration, but the court denied the motion shortly thereafter. 2020 WL 2526484. In an opinion written by Judge Rebecca Pallmeyer, the court expressed doubt about the plaintiffs' standing given that they had not demonstrated that their injury is traceable to any of the challenged actions by the defendant. Even if the plaintiffs had standing, Judge Pallmeyer thought it was unlikely that they would succeed on the merits given that the plaintiffs had sixteen months to circulate their petitions for signatures, extending well before the COVID pandemic began.

The plaintiffs appealed the decision to the Seventh Circuit, but on July 8 the Seventh Circuit affirmed the lower court's decision. 964 F.3d 649. In a per curiam opinion, the Seventh Circuit also noted that the plaintiff failed to indicate interest in gathering signatures until a few weeks after the Governor of Illinois issued social-distancing orders. As such, the preliminary injunction was denied.

On August 11, the plaintiffs voluntarily dismissed their claims. The case is now closed.

Summary Authors

Alex Moody (6/20/2020)

Mary Novakovic (10/10/2020)

Justin Hill (12/19/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17052580/parties/morgan-v-white/


Judge(s)
Attorney for Plaintiff

Griffis, Carson (Illinois)

Attorney for Defendant

Cummings, Nicholas E. (Illinois)

Dierkes, Michael T. (Illinois)

Foxx, Kimberly M. (Illinois)

Gandurski, Kelley A. (Illinois)

Documents in the Clearinghouse

Documents in this case

1:20-cv-02189

Docket [PACER]

Aug. 13, 2020

Aug. 13, 2020

Docket
1 (& 1-1 to 1-7)

1:20-cv-02189

Complaint

April 7, 2020

April 7, 2020

Complaint
4

1:20-cv-02189

Emergency Motion for Preliminary or Permanent Injunction and Declaration as a Matter of Law

April 9, 2020

April 9, 2020

Pleading / Motion / Brief
6

1:20-cv-02189

Memorandum of Law in Support of Plaintiffs' Emergency Motion for a Preliminary or Permanent Injunction and Declaration as a Matter of Law

April 9, 2020

April 9, 2020

Pleading / Motion / Brief
14, 14-1

1:20-cv-02189

Defendant Devon Reid's Response to Plaintiffs' Motion for a Preliminary or Permanent Injunction and Declaration as a Matter of Law

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
15, 15-1

1:20-cv-02189

Defendant Devon Reid's Motion to Dismiss

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
18

1:20-cv-02189

Defendant Cook County Clerk's 12(b)(1) and 12(b)(6) Motion to Dismiss the Complaint

April 16, 2020

April 16, 2020

Pleading / Motion / Brief
19

1:20-cv-02189

Memorandum of Law Filed in Support of the Fed. R. Civ. P. 12(b) and 12(b)(6) Motion to Dismiss the Complaint Filed by Defendant Cook County Clerk

April 16, 2020

April 16, 2020

Pleading / Motion / Brief
20, 20-1

1:20-cv-02189

Defendant Jesse White's Response to Plaintiffs' Emergency Motion for a Preliminary or Permanent Injunction and Declaration as a Matter of Law

April 16, 2020

April 16, 2020

Pleading / Motion / Brief
21

1:20-cv-02189

Defendant State Board of Elections' Response to Plaintiffs' Emergency Motion for Preliminary or permanent Injunction and Declaration as a Matter of Law

April 16, 2020

April 16, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17052580/morgan-v-white/

Last updated March 23, 2025, 8:28 a.m.

ECF Number Date Description Link
1 April 7, 2020

COMPLAINT filed by Committee for the Illinois Democracy Amendment, an unincorporated political association, Elizabeth Norden, William Morgan, Jackson Paller, David Vaught, Doris Davenport, Andrea Raila; Filing fee $ 400, receipt number 0752-16918376. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Declaration of William Morgan, # 3 Exhibit Declaration of Elizabeth Norden, # 4 Exhibit Declaration of David Vaught, # 5 Exhibit Declaration of Doris Davenport, # 6 Exhibit Declaration of Andrea Raila, # 7 Exhibit Declaration of Jackson Paller)(Mauck, John) (Entered: 04/07/2020)

1 Civil Cover Sheet

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2 Exhibit Declaration of William Morgan

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3 Exhibit Declaration of Elizabeth Norden

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4 Exhibit Declaration of David Vaught

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5 Exhibit Declaration of Doris Davenport

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6 Exhibit Declaration of Andrea Raila

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7 Exhibit Declaration of Jackson Paller

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April 8, 2020

CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (axc, ) (Entered: 04/08/2020)

PACER
2 April 8, 2020

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16919958. (Mauck, John) (Entered: 04/08/2020)

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April 8, 2020

CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (axc, )

3 April 9, 2020

ATTORNEY Appearance for Plaintiffs Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught by John W Mauck (Mauck, John) (Entered: 04/09/2020)

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4 April 9, 2020

MOTION by Plaintiffs Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught for preliminary injunction or permanent injunction and declaration as a matter of law (Mauck, John) (Entered: 04/09/2020)

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5 April 9, 2020

ATTORNEY Appearance for Defendant Karen A Yarbrough by Jessica Megan Scheller Office of the Cook County State's Attorney (Scheller, Jessica) (Entered: 04/09/2020)

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6 April 9, 2020

MEMORANDUM by Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught in support of motion for preliminary injunction, 4 or permanent injunction and declaration as a matter of law (Attachments: # 1 Exhibit A)(Mauck, John) (Entered: 04/09/2020)

1 Exhibit A

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7 April 9, 2020

NOTICE of Motion by John W Mauck for presentment of motion for preliminary injunction, 4 before Honorable Charles R. Norgle Sr. on 4/17/2020 at 09:30 AM. (Mauck, John) (Entered: 04/09/2020)

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8 April 9, 2020

MINUTE entry before the Honorable Rebecca R. Pallmeyer: This order is entered by Judge Pallmeyer as emergency judge with respect to the motion for preliminary injunctive relief 4 modifying the enforcement of Illinois's petition collection requirements. The parties are directed promptly to confer regarding a proposed resolution of their dispute. Defendants' written response to the motion, if any, shall be filed by noon on Thursday, April 16, 2020. A hearing is set by telephone at 9:30 a.m. on Friday, April 17. Counsel are directed to file their submissions in the civil case docket as well as the emergency docket. Notice mailed by judge's staff (ntf, ) (Entered: 04/09/2020)

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9 April 10, 2020

ATTORNEY Appearance for Defendant Devon Reid by Alexandra Brien MacKey Ruggie (Ruggie, Alexandra) (Entered: 04/10/2020)

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10 April 10, 2020

ATTORNEY Appearance for Defendant Devon Reid by Nicholas E Cummings (Cummings, Nicholas) (Entered: 04/10/2020)

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11 April 10, 2020

ATTORNEY Appearance for Defendant Devon Reid by Kelley A. Gandurski (Gandurski, Kelley) (Entered: 04/10/2020)

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12 April 10, 2020

ATTORNEY Appearance for Defendants William J. Cadigan, Laura K Donahue, William R Haine, Ian K Linnabary, William M McGuffage, in their official capacities as Board Members for the Illinois Board of Elections, Katherine S O'Brien, Charles W. Scholz, Cassandra B. Watson by Erin Walsh (Walsh, Erin) (Entered: 04/10/2020)

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13 April 13, 2020

ATTORNEY Appearance for Defendant Jesse White by Michael T. Dierkes (Dierkes, Michael) (Entered: 04/13/2020)

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14 April 15, 2020

RESPONSE by Devon Reidin Opposition to MOTION by Plaintiffs Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught for preliminary injunction or permanent injun 4 (Attachments: # 1 Notice of Filing)(Ruggie, Alexandra) (Entered: 04/15/2020)

1 Notice of Filing

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15 April 15, 2020

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Devon Reid (Attachments: # 1 Notice of Filing)(Ruggie, Alexandra) (Entered: 04/15/2020)

1 Notice of Filing

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16 April 16, 2020

ATTORNEY Appearance for Defendant Karen A Yarbrough by Silvia Mercado Masters (Masters, Silvia) (Entered: 04/16/2020)

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17 April 16, 2020

RESPONSE by Karen A Yarbroughin Opposition to MOTION by Plaintiffs Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught for preliminary injunction or permanent injun 4 (Attachments: # 1 Exhibit 1. Declaration of James Nally)(Scheller, Jessica) (Entered: 04/16/2020)

1 Exhibit 1. Declaration of James Nally

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18 April 16, 2020

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Karen A Yarbrough, MOTION by Defendant Karen A Yarbrough to dismiss for lack of jurisdiction (Scheller, Jessica) (Entered: 04/16/2020)

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19 April 16, 2020

MEMORANDUM by Karen A Yarbrough in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction 18 (Scheller, Jessica) (Entered: 04/16/2020)

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20 April 16, 2020

RESPONSE by Jesse Whitein Opposition to MOTION by Plaintiffs Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught for preliminary injunction or permanent injun 4 (Attachments: # 1 Exhibit 1)(Dierkes, Michael) (Entered: 04/16/2020)

1 Exhibit 1

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21 April 16, 2020

MEMORANDUM by William J. Cadigan, Laura K Donahue, William R Haine, Ian K Linnabary, William M McGuffage, in their official capacities as Board Members for the Illinois Board of Elections, Katherine S O'Brien, Charles W. Scholz, Cassandra B. Watson in Opposition to motion for preliminary injunction, 4 (Attachments: # 1 Exhibit A)(Walsh, Erin) (Entered: 04/16/2020)

1 Exhibit A

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22 April 16, 2020

CERTIFICATE of Service of proposed Order(s) to Plaintiffs' Emergency Motion for Preliminary or Permanent Injunction and Declaration as a Matter of Law (Mauck, John) (Entered: 04/16/2020)

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23 April 16, 2020

CERTIFICATE of Service by Alexandra Brien MacKey Ruggie on behalf of Devon Reid (Ruggie, Alexandra) (Entered: 04/16/2020)

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24 April 17, 2020

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone status hearing held. For the reasons stated on the record, Plaintiffs' emergency motion for preliminary or permanent injunction and a declaration as a matter of law 4 is denied. Plaintiffs' motion for leave to appear pro hac vice 2 is granted. Attorney Patrick J. Quinn is given leave to file an attorney appearance form on behalf of Plaintiffs. Defendants Devon Reid and Karen A Yarbrough's motions to dismiss 15 and 18 are taken under advisement. Plaintiffs' response shall be filed by May 13, 2020. Defendants' reply in support shall be filed by May 27, 2020. Notice mailed by judge's staff (ntf, ) (Entered: 04/17/2020)

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25 April 20, 2020

TRANSCRIPT OF PROCEEDINGS held on 04/17/2020 before the Honorable Rebecca R. Pallmeyer. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/20/2020. (Walsh, Judy) (Entered: 04/20/2020)

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28 April 24, 2020

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, ) (Entered: 04/27/2020)

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26 April 27, 2020

AMENDED complaint by Committee for the Illinois Democracy Amendment, an unincorporated political association, Elizabeth Norden, William Morgan, Jackson Paller, David Vaught, Doris Davenport, Andrea Raila against All Defendants (Attachments: # 1 Exhibit 1 Declaration of William Morgan, # 2 Exhibit 2 Declaration of Elizabeth Norden, # 3 Exhibit 3 Declaration of David Vaught, # 4 Exhibit 4 Declaration of Doris Davenport, # 5 Exhibit 5 Declaration of Andrea Raila, # 6 Exhibit 6 Declaration of Jackson Paller, # 7 Exhibit 7 Order)(Mauck, John) (Entered: 04/27/2020)

1 Exhibit 1 Declaration of William Morgan

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2 Exhibit 2 Declaration of Elizabeth Norden

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3 Exhibit 3 Declaration of David Vaught

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4 Exhibit 4 Declaration of Doris Davenport

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5 Exhibit 5 Declaration of Andrea Raila

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6 Exhibit 6 Declaration of Jackson Paller

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7 Exhibit 7 Order

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27 April 27, 2020

NOTICE by All Plaintiffs re amended complaint,, 26 (Mauck, John) (Entered: 04/27/2020)

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29 April 28, 2020

MOTION by Plaintiffs Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught for reconsideration regarding order on motion to appear pro hac vice,,, order on motion for preliminary injunction,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,, order on motion to dismiss/lack of jurisdiction,,, status hearing,,, set motion and R&R deadlines/hearings,, 24 in light of new developments and to correct the record (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mauck, John) (Entered: 04/28/2020)

1 Exhibit A

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2 Exhibit B

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30 April 28, 2020

NOTICE of Motion by John W Mauck for presentment of motion for reconsideration,, 29 before Honorable Rebecca R. Pallmeyer on 4/30/2020 at 08:45 AM. (Mauck, John) (Entered: 04/28/2020)

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31 April 28, 2020

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiffs' emergency motion to reconsider in light of new developments and to correct the record 29 is taken under advisement. Defendants' response shall be filed by close of business on Monday, May 4, 2020. Plaintiffs' reply, if any, shall be filed by Wednesday, May 6, 2020. Telephone motion hearing set for May 7, 2020 at 10:00 a.m. The court is aware that the parties have endeavored to reach a resolution of their dispute and urges them to continue those efforts. Motion hearing date of 4/30/2020 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 04/28/2020)

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32 May 1, 2020

RESPONSE by Devon Reidin Opposition to MOTION by Plaintiffs Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught for reconsideration regarding order on motion 29 (Cummings, Nicholas) (Entered: 05/01/2020)

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33 May 1, 2020

NOTICE by Devon Reid re response in opposition to motion, 32 (Cummings, Nicholas) (Entered: 05/01/2020)

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34 May 4, 2020

RESPONSE by Karen A Yarbroughin Opposition to MOTION by Plaintiffs Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught for reconsideration regarding order on motion 29 (Masters, Silvia) (Entered: 05/04/2020)

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35 May 4, 2020

RESPONSE by William J. Cadigan, Laura K Donahue, William R Haine, Ian K Linnabary, William M McGuffage, in their official capacities as Board Members for the Illinois Board of Elections, Katherine S O'Brien, Charles W. Scholz, Cassandra B. Watsonin Opposition to MOTION by Plaintiffs Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught for reconsideration regarding order on motion 29 (joint response on behalf of Illinois State Board of Elections Defendants and Defendant Jesse White, Illinois Secretary of State (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Walsh, Erin) (Entered: 05/04/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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36 May 6, 2020

RESPONSE by Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaughtin Support of MOTION by Plaintiffs Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught for reconsideration regarding order on motion 29 to reconsider in light of new developments and to correct the record (Mauck, John) (Entered: 05/06/2020)

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37 May 6, 2020

NOTICE by All Plaintiffs re response in support of motion,, 36 to reconsider in light of new developments and to correct the record (Mauck, John) (Entered: 05/06/2020)

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38 May 7, 2020

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone status hearing held. For the reasons stated on the record, Plaintiffs' emergency motion to reconsider in light of new developments and to correct the record 29 is denied. Notice mailed by judge's staff (ntf, ) (Entered: 05/08/2020)

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39 May 9, 2020

TRANSCRIPT OF PROCEEDINGS held on 05/07/2020 before the Honorable Rebecca R. Pallmeyer. Order Number: 38482. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR, Official Court Reporter. judith_walsh@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/9/2020. Release of Transcript Restriction set for 8/7/2020. (Walsh, Judy) (Entered: 05/09/2020)

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40 May 11, 2020

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Devon Reid (Ruggie, Alexandra) (Entered: 05/11/2020)

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41 May 11, 2020

NOTICE by Devon Reid re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Devon Reid 40 (Ruggie, Alexandra) (Entered: 05/11/2020)

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42 May 11, 2020

MOTION by Defendant Karen A Yarbrough to dismiss for lack of jurisdiction and for failure to state a claim (Masters, Silvia) (Entered: 05/11/2020)

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43 May 11, 2020

MEMORANDUM by Karen A Yarbrough in support of motion to dismiss/lack of jurisdiction 42 and for failure to state a claim (Masters, Silvia) (Entered: 05/11/2020)

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44 May 12, 2020

NOTICE of appeal by Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught regarding orders 24, 38 Filing fee $ 505, receipt number 0752-17004563. Receipt number: n (Mauck, John) (Entered: 05/12/2020)

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45 May 12, 2020

DOCKETING Statement by Committee for the Illinois Democracy Amendment, an unincorporated political association, Doris Davenport, William Morgan, Elizabeth Norden, Jackson Paller, Andrea Raila, David Vaught regarding notice of appeal, 44 (Mauck, John) (Entered: 05/12/2020)

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46 May 12, 2020

NOTICE by All Plaintiffs re notice of appeal, 44, docketing statement, 45 (Mauck, John) (Entered: 05/12/2020)

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47 May 13, 2020

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal, 44 (mc, ) (Entered: 05/13/2020)

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48 May 13, 2020

TRANSMITTED to the 7th Circuit the short record on notice of appeal, 44 . Notified counsel (mc, ) (Entered: 05/13/2020)

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49 May 13, 2020

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal, 44 ; USCA Case No. 20-1801. (mc, ) (Entered: 05/13/2020)

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50 May 18, 2020

MEMORANDUM Opinion and Order. The court denies Plaintiffs' Emergency Motion for Reconsideration in Light of New Developments and to Correct the Record 29 . Signed by the Honorable Rebecca R. Pallmeyer on 5/18/2020. Notice mailed by judge's staff (ntf, ) (Entered: 05/18/2020)

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51 May 22, 2020

REQUEST for Clerk of Court to refund filing fee in the amount of 150.00,, for duplicate charge (Attachments: # 1 Exhibit Exhibit A)(Mauck, John) (Entered: 05/22/2020)

1 Exhibit Exhibit A

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52 May 26, 2020

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, ) (Entered: 05/26/2020)

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53 May 27, 2020

NOTICE of Motion by Silvia Mercado Masters for presentment of motion to dismiss/lack of jurisdiction 42 before Honorable Charles R. Norgle Sr. on 7/17/2020 at 09:30 AM. (Masters, Silvia) (Entered: 05/27/2020)

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54 May 27, 2020

MOTION by Defendants William J. Cadigan, Laura K Donahue, William R Haine, Ian K Linnabary, William M McGuffage, in their official capacities as Board Members for the Illinois Board of Elections, Katherine S O'Brien, Charles W. Scholz, Cassandra B. Watson to stay deadline to answer or otherwise plead (joint motion on behalf of Illinois State Board of Elections Defendants and Defendant Jesse White, Illinois Secretary of State) (unopposed) (Walsh, Erin) (Entered: 05/27/2020)

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55 May 27, 2020

NOTICE of Motion by Alexandra Brien MacKey Ruggie for presentment of Motion to Dismiss for Failure to State a Claim 40 before Honorable Charles R. Norgle Sr. on 7/17/2020 at 09:30 AM. (Ruggie, Alexandra) (Entered: 05/27/2020)

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56 July 10, 2020

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket) (Entered: 07/10/2020)

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57 July 13, 2020

MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's responses to Defendants Motions to Dismiss 40, 42 and Defendants' Motion to Stay, 54 are due on or before 8/14/2020. Defendants' replies are due on or before 8/28/2020. No appearance is required on Friday, July 17, 2020. Mailed notice (ewf, ) (Entered: 07/13/2020)

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58 July 13, 2020

MOTION by Defendants William J. Cadigan, Laura K Donahue, William R Haine, Ian K Linnabary, William M McGuffage, in their official capacities as Board Members for the Illinois Board of Elections, Katherine S O'Brien, Charles W. Scholz, Cassandra B. Watson to stay deadline to answer or otherwise plead (amended and unopposed) (Walsh, Erin) (Entered: 07/13/2020)

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59 July 13, 2020

NOTICE of Motion by Erin Walsh for presentment of motion to stay, 58 before Honorable Charles R. Norgle Sr. on 7/17/2020 at 09:30 AM. (Walsh, Erin) (Entered: 07/13/2020)

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60 July 15, 2020

MINUTE entry before the Honorable Charles R. Norgle:The State Defendants' Unopposed Amended Motion to Stay Deadline to Answer or Otherwise Plead 58 is granted. No appearance is required on Friday, July 17, 2020. Mailed notice (ewf, ) (Entered: 07/15/2020)

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61 Aug. 11, 2020

NOTICE of Voluntary Dismissal by All Plaintiffs (Mauck, John) (Entered: 08/11/2020)

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62 Aug. 11, 2020

NOTICE by All Plaintiffs re notice of voluntary dismissal 61 (Mauck, John) (Entered: 08/11/2020)

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63 Aug. 11, 2020

MANDATE of USCA dated 8/11/2020 regarding notice of appeal, 44 ; USCA No. 20-1801; No record to be returned. (ec, ) (Entered: 08/11/2020)

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64 Aug. 11, 2020

CERTIFIED copy of order dated 8/11/2020 from the 7th Circuit regarding notice of appeal, 44 ; Appellate case no. 20-1801; Plaintiff-Appellants filed a petition for rehearing and rehearing en banc on July 17, 2020. No judge in regular active services has requested a vote on the petition for rehearing en banc, and all of the judges on the panel have voted to deny rehearing. The petition for rehearing is therefore DENIED. (ec, ) (Entered: 08/11/2020)

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65 Aug. 11, 2020

CERTIFIED COPY OF USCA JUDGMENT dated 7/8/2020 regarding notice of appeal, 44 ; USCA No. 20-1801; The order denying the motion for a preliminary injunction is AFFIRMED, withcosts. The plaintiffs remain free to contend to the district court that a permanent injunction would be justified if social-distancing rules are indefinitely extended, but that long-term question does not require immediate resolution. The above is in accordance with the decision of this court entered on this date. (ec, ) (Entered: 08/11/2020)

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66 Aug. 11, 2020

CERTIFIED COPY OF OPINION from the USCA for the 7th Circuit; Submitted 7/6/2020; Decided 7/8/20/20 in USCA case no. 20-1801. (ec, ) (Entered: 08/11/2020)

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67 Aug. 13, 2020

MINUTE entry before the Honorable Charles R. Norgle: Case dismissed without prejudice 61 . Civil case terminated. Mailed notice (ewf, ) (Entered: 08/13/2020)

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Case Details

State / Territory:

Illinois

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 7, 2020

Closing Date: Aug. 13, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Committee for the Illinois Democracy Amendment (a ballot initiative advocacy organization) and several of its members

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Illinois State Board of Elections

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Northern District of Illinois 1:20-cv-02189

U.S. Court of Appeals for the Seventh Circuit 20-01801

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Election administration

Voting: General & Misc.

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