Case: League of Women Voters of Minnesota Education Fund v. Simon

0:20-cv-01205 | U.S. District Court for the District of Minnesota

Filed Date: May 19, 2020

Closed Date: May 13, 2021

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Case Summary

On May 19, 2020, the League of Women Voters of Minnesota Education Fund and a registered voter filed a complaint against the Secretary of State of Minnesota to challenge Minnesota’s absentee voting laws. The plaintiffs alleged that Minnesota’s witness requirement and restrictive witness qualifications posed an undue burden on the right to vote in violation of the First and Fourteenth Amendments. The plaintiffs also alleged that requiring a witness to be a registered voter with U.S. citizenship discriminated between U.S. citizens and non-U.S. citizens by posing burdens to individuals living in mixed immigration status households. The plaintiffs brought the lawsuit as an injunctive and declaratory action under 42 U.S.C. §§ 1983 and 28 U.S.C. §§ 2201-02. Specifically, the plaintiffs sought declaratory and injunctive relief requiring the defendant to waive the witness requirement for the August 2020 primaries and the November 2020 general elections. The plaintiffs also sought a preliminary and permanent injunction prohibiting the defendant from passing any statute or regulations that would directly or indirectly require any voter to obtain a witness signature in 2020. Additionally, the plaintiffs requested an order for the defendant to temporarily modify election materials to avoid instructing any voter to interact with a witness for the purpose of casting an absentee ballot. The plaintiffs also sought attorney fees. The lawsuit was filed in the U.S. District Court for the District of Minnesota, and the plaintiffs were represented by the Campaign Legal Center and private attorneys. The case was assigned to Judge Eric C. Tostrud and referred to Magistrate Judge Tony N. Leung.

Under Minnesota voting laws, an absentee ballot requires the physical presence of a witness who is either a registered Minnesota voter, a notary, or an individual authorized to administer oaths. The plaintiffs argued that the challenged provisions were contrary to social distancing guidelines, as it would require the voter to interact closely with individuals who do not live in their households. Specifically, the plaintiffs contended that it would be difficult for the voter and witness to maintain six feet distance throughout the voting process and because they would be required to touch the same Signature Envelope.

On May 29, the plaintiffs also submitted a motion for preliminary injunction. The defendants submitted an answer on June 9, which alleged that the plaintiffs failed to state a claim.

On June 16, the parties proposed partial consent judgment and decree enjoining the defendant from enforcing the witness requirement for the August primaries, and to inform the public and modify instructions accordingly. The same day, the court ordered a fairness hearing to be held on the proposal.

On June 18, the Republican Party of Minnesota filed an emergency motion to continue the hearing, as they wished to intervene. The motion was granted the same day, and on June 20, the Republican Party of Minnesota filed a motion to intervene as defendants. The motion was granted on June 23.

On November 9, 2020, the court denied the plaintiffs' May 29 motion for a preliminary injunction as moot. On December 30, the plaintiffs filed an amended complaint, which added the intervening defendants and broadened the scope of the original complaint from elections in 2020 to all elections held during the pandemic. The intervening defendants moved to dismiss for lack of subject matter jurisdiction and for failure to state a claim on January 13, 2021. The defendants stated that plaintiffs' challenge to the enforcement of Minnesota's witness requirements was not justiciable and that the court therefore lacked subject matter jurisdiction over the claim. The defendants also sought a dismissal of the plaintiffs' undue burden challenge to all witness requirements, based on Eighth Circuit precedent. Lastly, the defendants challenged the plaintiffs' equal protection and citizenship status claims regarding witness requirements on both jurisdictional and merits grounds.

On March 29, 2021, Judge Tostrud granted the defendants' motion to dismiss in part and denied in part. The court found that it did have subject matter jurisdiction over the plaintiffs' first claim regarding witness requirements during COVID-19 because they alleged a substantial risk of future injury. On the plaintiffs' second count that the limits on who may witness an absentee ballot impose an undue burden on the right to vote and violate the First and Fourteenth Amendments, the court found that the plaintiffs failed to state a claim for which relief can be granted and dismissed this count entirely. The court found that Eighth Circuit precedent required a dismissal of this count because the plaintiffs only showed that the election procedures excessively burdened some voters, rather than Minnesota voters generally. On the plaintiffs' equal protection claim, the court found that it lacked subject matter jurisdiction over the claim because the plaintiffs failed to establish third-party standing over the claim.

On April 20, 2021, plaintiffs submitted a letter to Judge Tostrud requesting permission to file a motion for reconsideration. Two days later, the judge issued an order denying permission to file because the plaintiffs did not identify the “compelling circumstances” needed to obtain it under the court’s local rules. The parties submitted a stipulation of dismissal without prejudice and a proposed order to the court on May 13, 2021 and Judge Tostrud issued an order dismissing the case without prejudice the same day.

The case is now closed.

Summary Authors

Averyn Lee (7/17/2020)

Nicholas Gillan (4/9/2021)

Johnathan Johnson (12/8/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17181033/parties/league-of-women-voters-of-minnesota-education-fund-v-simon/

Judge(s)

Attorney for Plaintiff

Diaz, Jonathan (District of Columbia)

Erickson, Amy Elizabeth (Minnesota)

Gaber, Mark P. (District of Columbia)

Attorney for Defendant

Expert/Monitor/Master/Other

Crosland, E. S. (District of Columbia)

Ellison, Benjamin L (Minnesota)

Judge(s)

Leung, Tony N. (Minnesota)

Tostrud, Eric Christian (Minnesota)

Attorney for Plaintiff

Diaz, Jonathan (District of Columbia)

Erickson, Amy Elizabeth (Minnesota)

Gaber, Mark P. (District of Columbia)

Jackson, Caleb (District of Columbia)

Klein, Julia Dayton (Minnesota)

Lang, Danielle (District of Columbia)

Lang [inactive], Danielle Marie (District of Columbia)

Zalesin, Jeffrey (District of Columbia)

Attorney for Defendant

Marisam, Jason (Minnesota)

Miltich, Cicely (Minnesota)

Taylor, Hilary S. (Ohio)

Expert/Monitor/Master

Reginald, Arthur (California)

Reingold, Arthur (California)

Tanniehill, Vivian (Minnesota)

Witte, Michelle (Minnesota)

Other

Crosland, E. S. (District of Columbia)

Ellison, Benjamin L (Minnesota)

Gore, John M. (District of Columbia)

Harris, Jeffrey M. (Virginia)

McCarthy, Thomas R. (Virginia)

Morgan, Richard G. (Minnesota)

Norris, Cameron T. (Virginia)

Strawbridge, Patrick (Massachusetts)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

0:20-cv-01205	Docket [PACER]	March 29, 2021	March 29, 2021 Docket
1 0:20-cv-01205	Complaint for Declaratory and Injunctive Relief	May 19, 2020	May 19, 2020 Complaint
1 (incl. 1-1 to 1-7) 0:20-cv-01205	Complaint for Declaratory and Injunctive Relief	May 19, 2020	May 19, 2020 Complaint
13 0:20-cv-01205	Plaintiffs' Motion for Preliminary Injunction	May 29, 2020	May 29, 2020 Pleading / Motion / Brief
13, 15 (incl. 15-1 to 15-26) 0:20-cv-01205	Plaintiffs' Motion for Preliminary Injunction	May 29, 2020	May 29, 2020 Pleading / Motion / Brief
15 (incl. 15-1 to 15-14) 0:20-cv-01205	Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction	May 29, 2020	May 29, 2020 Pleading / Motion / Brief
22 0:20-cv-01205	Defendant's Answer to Plaintiffs' Complaint for Declaratory and Injunctive Relief League of Women Voters of MN Education Fund v. Simon	June 9, 2020	June 9, 2020 Pleading / Motion / Brief
24 0:20-cv-01205	Stipulation and Partial Consent Judgment and Decree	June 16, 2020	June 16, 2020 Settlement Agreement
24 0:20-cv-01205	Stipulation and Partial Consent Judgment and Decree	June 16, 2020	June 16, 2020 Pleading / Motion / Brief
26 0:20-cv-01205	Order	June 16, 2020	June 16, 2020 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
League of Women Voters of Minnesota v. Simon Campaign Legal Center	CLC is suing to suspend enforcement of Minnesota’s law requiring a third-party witness signature for voting by mail. This law threatens Minnesotans’ right to vote safely during the COVID-19 pandemic …	May 19, 2020	May 19, 2020 https://campaignlegal.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17181033/league-of-women-voters-of-minnesota-education-fund-v-simon/

Last updated April 8, 2026, 5:22 a.m.

ECF Number	Date	Description	Link
1	May 19, 2020	COMPLAINT against Steve Simon (filing fee $400, receipt number AMNDC-7733904) filed by League of Women Voters of Minnesota Education Fund, Vivian Latimer Tanniehill. Filer requests summons issued. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Civil Cover Sheet) (Klein, Julia) Modified text on 5/19/2020 (lmb). (Entered: 05/19/2020) 1 Exhibit(s) 1 View on PACER 2 Exhibit(s) 2 View on PACER 3 Exhibit(s) 3 View on PACER 4 Exhibit(s) 4 View on PACER 5 Exhibit(s) 5 View on PACER 6 Exhibit(s) 6 View on PACER 7 Civil Cover Sheet View on PACER	Clearinghouse
2	May 19, 2020	NOTICE of Appearance by Amy Elizabeth Erickson on behalf of All Plaintiffs. (Erickson, Amy) (Entered: 05/19/2020)	RECAP
3	May 19, 2020	TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge Tony N. Leung. Please use case number 20-cv-1205 (ECT/TNL). (lmb) (Entered: 05/19/2020)	RECAP
4	May 19, 2020	Summons Issued as to Steve Simon. (lmb) (Entered: 05/19/2020)	RECAP
5	May 19, 2020	(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Danielle Lang; Jonathan Diaz; Caleb Jackson; Jeffrey Zalesin as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at www.mnd.uscourts.gov/forms/all-forms. (lmb) (Entered: 05/19/2020)	RECAP
6	May 19, 2020	RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiffs Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Klein, Julia) (Entered: 05/19/2020)	RECAP
7	May 19, 2020	MOTION for Admission Pro Hac Vice for Attorney Danielle Lang. Filing fee $ 100, receipt number AMNDC-7734896 filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Klein, Julia) (Entered: 05/19/2020)	RECAP
8	May 19, 2020	MOTION for Admission Pro Hac Vice for Attorney Jonathan Diaz. Filing fee $ 100, receipt number AMNDC-7734921 filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Klein, Julia) (Entered: 05/19/2020)	RECAP
9	May 20, 2020	NOTICE of Appearance by Jason Marisam on behalf of Steve Simon. (Marisam, Jason) (Entered: 05/20/2020)	RECAP
10	May 20, 2020	SUMMONS Returned Executed by League of Women Voters of Minnesota Education Fund, Vivian Latimer Tanniehill. Steve Simon served on 5/19/2020, answer due 6/9/2020. (Klein, Julia) (Entered: 05/20/2020)	RECAP
11	May 20, 2020	TEXT ONLY ENTRY: ORDER granting 7 Motion for Admission Pro Hac Vice of Attorney Danielle Marie Lang for Vivian Latimer Tanniehill and for League of Women Voters of Minnesota Education Fund; granting 8 Motion for Admission Pro Hac Vice of Attorney Jonathan Diaz for Vivian Latimer Tanniehill and for League of Women Voters of Minnesota Education Fund. Approved by Magistrate Judge Tony N. Leung on 5/20/2020. (NAH) (Entered: 05/20/2020)	RECAP
	May 20, 2020	Order on Motion for Admission Pro Hac Vice
	May 20, 2020	Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice
12	May 28, 2020	MOTION for Admission Pro Hac Vice for Attorney Mark Gaber. Filing fee $ 100, receipt number AMNDC-7757840 filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Klein, Julia) (Entered: 05/28/2020)	RECAP
13	May 29, 2020	MOTION for Preliminary Injunction - Expedited Handling Requested filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Klein, Julia) (Entered: 05/29/2020)	Clearinghouse
14	May 29, 2020	NOTICE OF HEARING ON MOTION 13 MOTION for Preliminary Injunction - Expedited Handling Requested : Motion Hearing set for 6/10/2020 at 09:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud. (Klein, Julia) (Entered: 05/29/2020)	RECAP
15	May 29, 2020	MEMORANDUM in Support re 13 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate, # 2 Exhibit(s) Index, # 3 Exhibit(s) 1, # 4 Exhibit(s) 2, # 5 Exhibit(s) 3, # 6 Exhibit(s) 4, # 7 Exhibit(s) 5, # 8 Exhibit(s) 6, # 9 Exhibit(s) 7, # 10 Exhibit(s) 8, # 11 Exhibit(s) 9, # 12 Exhibit(s) 10, # 13 Exhibit(s) 11, # 14 Exhibit(s) 12, # 15 Exhibit(s) 13, # 16 Exhibit(s) 14, # 17 Exhibit(s) 15, # 18 Exhibit(s) 16, # 19 Exhibit(s) 17, # 20 Exhibit(s) 18, # 21 Exhibit(s) 19, # 22 Exhibit(s) 20, # 23 Exhibit(s) 21, # 24 Exhibit(s) 22, # 25 Exhibit(s) 23, # 26 Exhibit(s) 24)(Klein, Julia) (Entered: 05/29/2020)	Clearinghouse
16	May 29, 2020	MEET and CONFER STATEMENT re 13 Motion for Preliminary Injunction filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund.(Klein, Julia) (Entered: 05/29/2020)	RECAP
17	May 29, 2020	PROPOSED ORDER TO JUDGE re 13 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund.(Klein, Julia) (Entered: 05/29/2020)	RECAP
18	May 29, 2020	BRIEFING ORDER re: 13 Motion for Preliminary Injunction. Responses due by 6/5/2020. Replies due by 6/8/2020. Motion Hearing set for 6/10/2020 at 9:00 AM by Video Conference (no courtroom) before Judge Eric C. Tostrud. Signed by Judge Eric C. Tostrud on 5/29/2020.(RMM) (Entered: 05/29/2020)	RECAP
19	June 2, 2020	TEXT ONLY ENTRY: ORDER granting 12 Motion for Admission Pro Hac Vice of Attorney Mark Gaber for Vivian Latimer Tanniehill and for League of Women Voters of Minnesota Education Fund. Approved by Magistrate Judge Tony N. Leung on 6/2/2020. (NAH) (Entered: 06/02/2020)	RECAP
	June 2, 2020	Order on Motion for Admission Pro Hac Vice
20	June 4, 2020	LETTER TO DISTRICT JUDGE by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund . (Klein, Julia) (Entered: 06/04/2020)	RECAP
21	June 5, 2020	AMENDED BRIEFING ORDER re: 13 Motion for Preliminary Injunction. See order for dates and details. Signed by Judge Eric C. Tostrud on 6/5/2020.(RMM) (Entered: 06/05/2020)	RECAP
22	June 9, 2020	ANSWER to Complaint filed by Steve Simon. (Marisam, Jason) (Entered: 06/09/2020)	Clearinghouse
23	June 9, 2020	NOTICE OF AND ORDER FOR PRETRIAL SCHEDULING CONFERENCE: Pretrial Conference set for 8/4/2020 at 10:00 AM in Judge's Chambers 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 6/9/2020. (Attachments: # 1 Consent Form)(HAM) (Entered: 06/09/2020)	RECAP
24	June 16, 2020	PROPOSED CONSENT DECREE TO JUDGE. (Klein, Julia) (Entered: 06/16/2020)	Clearinghouse
25	June 16, 2020	NOTICE of Appearance by Hillary A. Taylor on behalf of Steve Simon. (Taylor, Hillary) (Entered: 06/16/2020)	RECAP
26	June 16, 2020	ORDER on 24 Proposed Consent Decree to Judge. A fairness hearing regarding the stipulation and proposed partial consent judgment and decree will be held on 6/18/2020 at 11:00 AM by Video Conference before Judge Eric C. Tostrud. Instructions for joining the Video Conference will be sent to counsel separately. Signed by Judge Eric C. Tostrud on 6/16/2020.(RMM) (Entered: 06/16/2020)	Clearinghouse
27	June 16, 2020	(Text-Only) NOTICE: Remote Public Access to available. A hearing on the stipulation and proposed partial consent judgment and decree is scheduled to be held by Video Conferencing on 6/18/2020 at 11:00 AM.If any member of the public would like to attend the hearing, please contact Rachael Morton at 651-848-1190 to obtain dial-in instructions. (RMM) (Entered: 06/16/2020)	RECAP
28	June 17, 2020	LETTER TO DISTRICT JUDGE by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund . (Attachments: # 1 Exhibit(s) Order)(Klein, Julia) (Entered: 06/17/2020) 1 Exhibit(s) Order View on PACER	RECAP
29	June 18, 2020	Emergency MOTION for Continuance re to Continue Hearing filed by Republican Party of Minnesota. (Morgan, Richard) (Entered: 06/18/2020)	RECAP
30	June 18, 2020	MEMORANDUM in Support re 29 Emergency MOTION for Continuance re to Continue Hearing filed by Republican Party of Minnesota. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Morgan, Richard) (Entered: 06/18/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	RECAP
31	June 18, 2020	MEET and CONFER STATEMENT re 29 Motion for Continuance filed by Republican Party of Minnesota.(Morgan, Richard) (Entered: 06/18/2020)	RECAP
32	June 18, 2020	PROPOSED ORDER TO JUDGE re 29 Emergency MOTION for Continuance re to Continue Hearing filed by Republican Party of Minnesota.(Morgan, Richard) (Entered: 06/18/2020)	RECAP
33	June 18, 2020	ORDER granting 29 Emergency Motion to Continue Hearing. The Fairness Hearing regarding the stipulation and proposed partial consent judgment and decree is rescheduled for 6/23/2020 at 11:00 AM by Video Conference (no courtroom) before Judge Eric C. Tostrud. See Order for additional deadlines. Signed by Judge Eric C. Tostrud on 6/18/2020. (RMM) (Entered: 06/18/2020)	RECAP
34	June 18, 2020	MOTION for Admission Pro Hac Vice for Attorney Cameron T. Norris. Filing fee $ 100, receipt number CMNDC-7811597 filed by Republican Party of Minnesota. (Morgan, Richard) (Entered: 06/18/2020)	RECAP
35	June 19, 2020	TEXT ONLY ENTRY: ORDER granting 34 Motion for Admission Pro Hac Vice of Attorney Cameron Thomas Norris for Republican Party of Minnesota. Approved by Magistrate Judge Tony N. Leung on 6/19/2020. (NAH) (Entered: 06/19/2020)	RECAP
36	June 19, 2020	MOTION for Admission Pro Hac Vice for Attorney Thomas R. McCarthy. Filing fee $ 100, receipt number AMNDC-7815199 filed by Republican Party of Minnesota. (Morgan, Richard) (Entered: 06/19/2020)	RECAP
	June 19, 2020	Order on Motion for Admission Pro Hac Vice
37	June 20, 2020	MOTION to Intervene filed by Republican Party of Minnesota, Republican National Committee, The, Donald J. Trump for President, Inc.. (Attachments: # 1 Proposed Answer)(Norris, Cameron) (Entered: 06/20/2020) 1 Proposed Answer View on PACER	RECAP
38	June 20, 2020	MEMORANDUM in Support re 37 MOTION to Intervene filed by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Norris, Cameron) (Entered: 06/20/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	RECAP
39	June 20, 2020	MEET and CONFER STATEMENT re 37 Motion to Intervene filed by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 06/20/2020)	RECAP
40	June 20, 2020	PROPOSED ORDER TO JUDGE re 37 MOTION to Intervene filed by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 06/20/2020)	RECAP
41	June 20, 2020	BRIEF re 24 Proposed Consent Decree to Judge . (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Norris, Cameron) (Entered: 06/20/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	Clearinghouse
42	June 22, 2020	(Text-Only) NOTICE: Remote Public Access to available. A hearing on the stipulation and proposed partial consent judgment and decree is scheduled to be held by Video Conferencing on 6/23/2020 at 11:00 AM. If any member of the public would like to attend the hearing, please contact Rachael Morton at 651-848-1190 to obtain dial-in instructions. (RMM) (Entered: 06/22/2020)	RECAP
43	June 22, 2020	TEXT ONLY ENTRY: ORDER granting 36 Motion for Admission Pro Hac Vice of Attorney Thomas R McCarthy for Donald J. Trump for President, Inc., The Republican National Committee, and for Republican Party of Minnesota. Approved by Magistrate Judge Tony N. Leung on 6/22/2020. (JGK) (Entered: 06/22/2020)	RECAP
44	June 22, 2020	LETTER TO DISTRICT JUDGE by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund . (Klein, Julia) (Entered: 06/22/2020)	RECAP
45	June 22, 2020	MEMORANDUM in Opposition re 37 MOTION to Intervene filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Taylor, Hillary) (Entered: 06/22/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	Clearinghouse
46	June 22, 2020	MEMORANDUM re 41 Brief filed by Steve Simon. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Taylor, Hillary) (Entered: 06/22/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	Clearinghouse
47	June 22, 2020	DECLARATION of Hillary Taylor re 46 Memorandum by Steve Simon . (Attachments: # 1 Exhibit(s) 1-9)(Taylor, Hillary) (Entered: 06/22/2020) 1 Exhibit(s) 1-9 View on RECAP	Clearinghouse
48	June 22, 2020	MEMORANDUM re 24 Proposed Consent Decree to Judge filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Attachments: # 1 Exhibit(s) 1, # 2 LR7.1/LR72.2 Word Count Compliance Certificate)(Klein, Julia) (Entered: 06/22/2020) 1 Exhibit(s) 1 View on RECAP 2 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	Clearinghouse
49	June 22, 2020	MEMORANDUM in Opposition re 37 MOTION to Intervene filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Klein, Julia) (Entered: 06/22/2020) 1 LR7.1/LR72.2 Word Count Compliance Certificate View on PACER	Clearinghouse
50	June 22, 2020	NOTICE by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota re 41 Brief of Supplemental Authority (Norris, Cameron) (Entered: 06/22/2020)	RECAP
51	June 22, 2020	RESPONSE re 44 Letter to District Judge filed by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 06/22/2020)	Clearinghouse
	June 22, 2020	Order on Motion for Admission Pro Hac Vice
52	June 23, 2020	Minute Entry for proceedings held before Judge Eric C. Tostrud: Hearing held on 6/23/2020 re 24 Proposed Consent Decree and 37 Motion to Intervene. The Motion to Intervene filed by the Republican Party of Minnesota, the Republican National Committee, and Donald J. Trump for President, Inc. 37 is GRANTED for the reasons stated on the record during the hearing. Intervenors are permitted to intervene as defendants and shall file their Proposed Answer [37-1] without delay. The Proposed Consent Decree 24 is not accepted for the reasons stated on the record during the hearing. (Court Reporter Tim Willette) (RMM) (Entered: 06/23/2020)	RECAP
53	June 23, 2020	TRANSCRIPT REQUEST for an Expedited Hourly Transcript (within 2 hours) of 52 Order on Motion to Intervene,,, Motion Hearing,, to Court Reporter Tim Willette. (Norris, Cameron) (Entered: 06/23/2020)	RECAP
54	June 24, 2020	PARTIAL TRANSCRIPT (Excerpt) from Fairness Hearing on Stipulation and Partial Consent Judgment and Decree [Court's Ruling from the Bench] held on 6/23/2020 before Judge Eric C. Tostrud. (14 pages). Court Reporter: Tim Willette. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Transcript temporarily sealed to determine if redactions are required. Parties have 7 days to file a Notice of Intent to Request Redaction or Notice that No Redaction is Required. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 7/1/2020. Redaction Request due 7/15/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/22/2020. (TJW) (Entered: 06/24/2020)	RECAP
55	June 25, 2020	ANSWER to Complaint filed by Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota. (Norris, Cameron) (Entered: 06/25/2020)	RECAP
56	July 10, 2020	(Text-Only) ORDER/NOTICE TO ATTORNEY. In recognition of the current efforts locally and nationally to protect persons from unnecessary potential exposure to COVID-19, the Pretrial Scheduling Conference in this case will be held by telephone. A call-in number will be provided by the Court. The parties are not required to conduct any applicable meet and confers in person. Ordered by Magistrate Judge Tony N. Leung on 7/10/2020. (HAM) (Entered: 07/10/2020)	RECAP
	July 10, 2020	Order/Notice to Attorney
57	July 29, 2020	REPORT of Rule 26(f) Planning Meeting. Filed by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. Jointly Signed by Steven Simon, Donald J. Trump for President, Inc., Republican National Committee, and Republican Party of Minnesota.(Klein, Julia) (Entered: 07/29/2020)	RECAP
58	July 29, 2020	(Text-Only) AMENDED NOTICE of Hearing: The Pretrial Conference is now set for 8/4/2020 at 11:00 AM, by Telephone Conference, before Magistrate Judge Tony N. Leung. *TIME CHANGE ONLY. (HAM) (Entered: 07/29/2020)	RECAP
59	Aug. 4, 2020	Minute Entry for proceedings held before Magistrate Judge Tony N. Leung: Initial Pretrial Conference held on 8/4/2020. Pretrial scheduling order will be issued. (HAM) (Entered: 08/04/2020)	RECAP
60	Aug. 4, 2020	PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/1/2020. Fact Discovery due by 4/1/2021. Expert Discovery due by 6/15/2021. Motions (non-disp) due 4/1/2021. Motions (disp) due by 8/15/2021. Ready for trial due by 12/15/2021. Signed by Magistrate Judge Tony N. Leung on 8/4/2020.(HAM) (Entered: 08/04/2020)	RECAP
61	Aug. 4, 2020	ORDER FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 3/11/2021. Settlement Conference set for 3/18/2021 at 10:00 AM in Courtroom 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 8/4/2020.(HAM) (Entered: 08/04/2020)	RECAP
62	Aug. 14, 2020	STIPULATION Regarding Discovery Procedure by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. Jointly Signed by Secretary of State of Minnesota, Steve Simon and Intervenors Donald J. Trump for President, Inc. RNC, NRSC, NRCC, Republican Party of Minnesota. (Klein, Julia) (Entered: 08/14/2020)	RECAP
63	Aug. 20, 2020	TEXT-ONLY ORDER on 62 Stipulation. The 62 Stipulation Regarding Discovery Procedure is adopted and shall be enforced by the Court as an agreement between the parties. Ordered by Magistrate Judge Tony N. Leung on 8/20/2020. (EB) (Entered: 08/20/2020)	RECAP
	Aug. 20, 2020	Order on Stipulation
64	Oct. 22, 2020	AMENDED ORDER FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 3/10/2021. Settlement Conference set for 3/17/2021 at 10:00 AM in Courtroom 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 10/22/2020. (HAM) (Entered: 10/22/2020)	RECAP
65	Nov. 9, 2020	(Text-Only) ORDER: The motion for a preliminary injunction filed by Plaintiffs League of Women Voters of Minnesota Education Fund and Vivian Latimer Tanniehill 13 is DENIED AS MOOT. Signed by Judge Eric C. Tostrud on 11/9/2020. (RMM) (Entered: 11/09/2020)	RECAP
	Nov. 9, 2020	Order on Motion for Preliminary Injunction
66	Nov. 30, 2020	STIPULATION re 60 Scheduling Order, by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund. Jointly Signed by Steven Simon, in his official capacity as Secretary of State, Donald J. Trump for President, Inc., Republican National Committee, and Republican Party of Minnesota. (Klein, Julia) (Entered: 11/30/2020)	RECAP
67	Dec. 1, 2020	FILED IN ERROR - WILL BE RE-FILED. AMENDED PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/30/2020. Fact Discovery due by 4/1/2021. Expert Discovery due by 6/15/2021. Motions (non-disp) due 4/1/2021. Motions (disp) due by 8/15/2021. Ready for trial due by 12/15/2021. Signed by Magistrate Judge Tony N. Leung on 12/1/2020. (HAM) Modified text on 12/1/2020 (KDS). (Entered: 12/01/2020)	RECAP
68	Dec. 1, 2020	ORDER on 66 Stipulation and AMENDED PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/30/2020. Fact Discovery due by 4/1/2021. Expert Discovery due by 6/15/2021. Motions (non-disp) due 4/1/2021. Motions (disp) due by 8/15/2021. Ready for trial due by 12/15/2021. Signed by Magistrate Judge Tony N. Leung on 12/1/2020. (HAM) (Entered: 12/01/2020)	RECAP
69	Dec. 30, 2020	AMENDED COMPLAINT against Donald J. Trump for President, Inc., Republican National Committee, The, Republican Party of Minnesota, Steve Simon. filed by League of Women Voters of Minnesota Education Fund, Vivian Latimer Tanniehill. No summons requested. (Klein, Julia) (Entered: 12/30/2020)	Clearinghouse
70	Dec. 30, 2020	DECLARATION of Malea Marxer re 69 Amended Complaint, by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund . (Klein, Julia) (Entered: 12/30/2020)	RECAP
71	Dec. 30, 2020	DECLARATION of Isabel Bethke re 69 Amended Complaint, by Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund . (Klein, Julia) (Entered: 12/30/2020)	RECAP
72	Jan. 5, 2021	NOTICE by Isabel Bethke, Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund, Malea Marxer re 69 Amended Complaint, (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Klein, Julia) (Entered: 01/05/2021)	RECAP
73	Jan. 5, 2021	Amended DECLARATION of Isabel Bethke re 69 Amended Complaint, by Isabel Bethke, Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund, Malea Marxer . (Klein, Julia) (Entered: 01/05/2021)	RECAP
74	Jan. 13, 2021	Consent MOTION to withdraw the intervention of Donald J. Trump for President, Inc. filed by Donald J. Trump for President, Inc.. (Attachments: # 1FILED IN ERROR - Proposed Order)(Norris, Cameron) Modified text on 1/14/2021 (KDS). (Entered: 01/13/2021)	RECAP
75	Jan. 13, 2021	MOTION to Dismiss/General, MOTION to Dismiss for Lack of Jurisdiction filed by Republican National Committee, The, Republican Party of Minnesota. (Attachments: # 1 FILED IN ERROR - Notice of Hearing, # 2 FILED IN ERROR - Memorandum of Law, # 3 FILED IN ERROR - LR7.1/LR72.2 Word Count Compliance Certificate, # 4 FILED IN ERROR - LR 7.1(a) Meet-and-Confer Statement, # 5 FILED IN ERROR - Proposed Order)(Norris, Cameron) Modified text on 1/14/2021 (KDS). (Entered: 01/13/2021)	RECAP
76	Jan. 14, 2021	PROPOSED ORDER TO JUDGE re 74 Consent MOTION to withdraw the intervention of Donald J. Trump for President, Inc. filed by Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 01/14/2021)	RECAP
77	Jan. 14, 2021	NOTICE OF HEARING ON MOTION 75 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 3/1/2021 at 11:00 AM in Video Conference (no courtroom) before Judge Eric C. Tostrud. (Norris, Cameron) (Entered: 01/14/2021)	RECAP
78	Jan. 14, 2021	MEMORANDUM in Support re 75 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Republican National Committee, The, Republican Party of Minnesota. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Norris, Cameron) (Entered: 01/14/2021)	RECAP
79	Jan. 14, 2021	MEET and CONFER STATEMENT re 75 Motion to Dismiss/General,, Motion to Dismiss/Lack of Jurisdiction, filed by Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 01/14/2021)	RECAP
80	Jan. 14, 2021	PROPOSED ORDER TO JUDGE re 75 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Republican National Committee, The, Republican Party of Minnesota.(Norris, Cameron) (Entered: 01/14/2021)	RECAP
81	Jan. 19, 2021	ANSWER to Complaint filed by Steve Simon. (Marisam, Jason) (Entered: 01/19/2021)	RECAP
82	Feb. 1, 2021	ORDER: Donald J. Trump for President, Inc.'s Unopposed Motion to Withdraw as Intervenor-Defendant 74 is GRANTED. Donald J. Trump for President, Inc. shall be dismissed from this action without costs, disbursements, or attorneys' fees to any of the parties. Signed by Judge Eric C. Tostrud on 2/1/2021. (RMM) (Entered: 02/01/2021)	RECAP
83	Feb. 4, 2021	MEMORANDUM in Opposition re 75 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Isabel Bethke, Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund, Malea Marxer. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 LR7.1/LR72.2 Word Count Compliance Certificate)(Klein, Julia) (Entered: 02/04/2021)	RECAP
84	Feb. 5, 2021	MOTION for Admission Pro Hac Vice for Attorney Caleb Jackson. Filing fee $ 100, receipt number AMNDC-8468105 filed by Isabel Bethke, League of Women Voters of Minnesota Education Fund, Malea Marxer. (Klein, Julia) (Entered: 02/05/2021)	RECAP
85	Feb. 8, 2021	TEXT ONLY ENTRY: ORDER granting 84 Motion for Admission Pro Hac Vice of Attorney Caleb Jackson for Isabel Bethke, Women Voters of Minnesota Education Fund, and for Malea Marxer. Approved by Magistrate Judge Tony N. Leung on 2/8/2021. (NAH) (Entered: 02/08/2021)	RECAP
	Feb. 8, 2021	Order on Motion for Admission Pro Hac Vice
86	Feb. 10, 2021	STIPULATION to Modify Amended Pretrial Scheduling Order by Isabel Bethke, Vivian Latimer Tanniehill, League of Women Voters of Minnesota Education Fund, Malea Marxer. Jointly Signed by Steve Simon, Republican National Committee, and Republican Party of Minnesota. (Klein, Julia) (Entered: 02/10/2021)	RECAP
87	Feb. 10, 2021	PROPOSED ORDER TO JUDGE re 86 Stipulation,. (Klein, Julia) (Entered: 02/10/2021)	RECAP
88	Feb. 16, 2021	ORDER on 86 Stipulation and SECOND AMENDED PRETRIAL SCHEDULING ORDER: Fact Discovery due by 7/1/2021. Expert Discovery due by 9/15/2021. Motions (non-disp) due 7/1/2021. Motions (disp) due by 11/15/2021. Ready for trial due by 3/15/2022. Signed by Magistrate Judge Tony N. Leung on 2/16/2021. (HAM) (Entered: 02/16/2021)	RECAP
89	Feb. 16, 2021	SECOND AMENDED ORDER FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 5/26/2021. Settlement Conference set for 6/2/2021 at 10:00 AM in Courtroom 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 2/16/2021. (HAM) (Entered: 02/16/2021)	RECAP
90	Feb. 18, 2021	REPLY re 75 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Republican National Committee, The, Republican Party of Minnesota. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Norris, Cameron) (Entered: 02/18/2021)	RECAP
91	Feb. 23, 2021	(Text-Only) NOTICE of Rescheduling of Hearing: The hearing on 75 MOTION to Dismiss is rescheduled for 3/1/2021 at 11:00 AM by Video Conference (no courtroom) before Judge Eric C. Tostrud. Instructions for joining the hearing by Zoom have been sent separately to counsel of record. Location change only. Notice to Public: Please visit our website at https://www.mnd.uscourts.gov/court-schedules for audio connection information for this hearing. Note that hearings might not appear on the court schedule or courthouse kiosk until one week before the hearing date.(RMM) (Entered: 02/23/2021)	RECAP

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Case Details

State / Territory:

Minnesota

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 19, 2020

Closing Date: May 13, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The League of Women Voters of Minnesota Education Fund and three registered voters.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Political Party

Republican National Committee

Republican Party of Minnesota

Private Entity/Person

Donald J. Trump for President, Inc.

State

Secretary of State of Minnesota

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

District of Minnesota 0:20-cv-01205

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

COVID-19:

Mitigation Requested

Discrimination Basis:

Immigration status

Voting:

Election administration

Voter qualifications

Voting: General & Misc.

Recommended Citation

Case Summary of League of Women Voters of Minnesota Education Fund v. Simon, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/17645/ (last updated 12/8/2025).