Case: Illinois Conservative Union, Inc. v. State of Illinois

1:20-cv-05542 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 18, 2020

Closed Date: July 18, 2023

Clearinghouse coding complete

Case Summary

On September 18, 2020, Illinois Conservative Union, Inc., a non-profit, non-partisan organization, and a group of registered voters filed suit in the United States District Court for the Northern District of Illinois and alleged that Illinois, the Illinois State Board of Elections, and the Executive Director of the Illinois State Board of Elections failed to comply with their record production obligations under Section 8 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20507…

On September 18, 2020, Illinois Conservative Union, Inc., a non-profit, non-partisan organization, and a group of registered voters filed suit in the United States District Court for the Northern District of Illinois and alleged that Illinois, the Illinois State Board of Elections, and the Executive Director of the Illinois State Board of Elections failed to comply with their record production obligations under Section 8 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20507 and violated Plaintiffs’ rights under the Equal Protection Clause of the Fourteenth Amendment.

Plaintiffs were concerned that state and local officials failed to make reasonable efforts to remove names of ineligible voters from official lists of eligible voters and this failure to comply with the NVRA’s voter list maintenance obligations undermined the integrity of elections because it increased the opportunity for improper voting, out-of-jurisdiction voting, double voting, and fraudulent voting. In response to these concerns, Plaintiffs launched an election integrity program to monitor Illinois state and local election officials’ compliance with the NVRA. As part of this program, Plaintiffs utilized the public disclosure provision of NVRA Section 8(i) to request and receive records from jurisdictions across Illinois about their voter list maintenance efforts.

On July 24, 2019, Plaintiffs sent a request for public records, including the most recent voter registration list for Illinois, pursuant to Section 8(i) of the NVRA to Defendants. On August 14, 2019, Defendants sent a letter that denied Plaintiffs’ request because Illinois law prohibits electronic release of voter data except to “registered political committees and governmental bodies.” However, Defendants informed Plaintiffs that any information regarding Illinois’ list maintenance efforts would be made available at Defendants’ main office. On August 28, 2019, Plaintiffs visited the main office and granted limited access to view voter records without the ability to search or organize the millions of individual voter records.

Specifically, Plaintiffs alleged that Defendants violated NVRA Section 8(i) because they failed to produce voter registration lists, except in a manner unusable to Plaintiffs. Additionally, there was no legal basis for withholding voter registration lists from civic groups. Further, Plaintiffs argued that because Illinois allowed “registered political committees” access to voter registration lists but denied that right to non-profit organizations, Illinois law violated Plaintiff’s rights guaranteed under the Equal Protection Clause of the Fourteenth Amendment to the Constitution and Defendants must be enjoined from depriving Plaintiffs of their rights.

On November 23, 2020, Defendant filed a motion to dismiss and claimed that (i) the plain language of the NVRA did not require that registered voter list data, be made available to the public in a data file and, thus, Plaintiffs failed to identify how the NVRA was violated, (ii) Defendants’ choice to limit access to sensitive, identifying information was rationally related to a legitimate governmental interest in protecting registered voter information, and therefore, Plaintiffs’ equal protection claim under the Fourteenth Amendment failed, and (ii) Plaintiffs’ claims against the State of Illinois and State Board of Elections were barred by the sovereign immunity in the Eleventh Amendment and must be dismissed.

On June 1, 2021, the court issued an opinion and order. The court first determined that Plaintiffs had standing on the basis that Plaintiffs suffered an informational injury because Defendants deprived them of meaningful access to voter records, in violation of the NVRA and access to the voter registration list would have allowed Plaintiffs to monitor Illinois’ voter list maintenance efforts. The court then turned to the question of whether sovereign immunity barred the NVRA claim or the Fourteenth Amendment claim. Plaintiffs argued that Congress, by its language and statutory structure, abrogated sovereign immunity for NVRA claims. Plaintiffs also argued that by enacting the NVRA, Congress acted pursuant to the Fourteenth Amendment. The Court dismissed the Equal Protection Claim but reserved ruling on the sovereign immunity argument with respect to the NVRA claim and ordered the parties to file supplemental briefs that addressed the question of whether Congress abrogated sovereign immunity under the NVRA. 2021 WL 2206159.

On July 2, 2021, Plaintiffs filed a memorandum in opposition to the motion to dismiss. Plaintiffs argued that Congress abrogated sovereign immunity because of the explicit language of the NVRA, i.e. that private civil action may be commenced “in an appropriate district court”, and cited Seminole Tribe of Fla.v. Florida, 517 U.S. 44, 55 (1996) for the position that authorization of private civil actions provided a clear intent to abrogate. Additionally, Plaintiff explained that Congress enacted the NVRA “pursuant to a valid grant of constitutional authority” because of Congress’ powers under both the Elections Clause and Equal Protection Clause of the Fourteenth Amendment.

On the same day, Defendants filed a supplemental brief in further support of their motion to dismiss. Defendants distinguished Seminole Tribe from the current case because the Indian Gaming Regulatory Act at issue in Seminole Tribe explicitly contemplated “the State” as a party to litigation and described the State’s burden of proof, obligation to negotiate in good faith, and submit to a mediator. Defendant also cited Blatchford v. Native Vill. of Noatak, 501 U.S. 775, 786, n. 4 (1991) for the “fact that Congress grants jurisdiction to hear a claim does not suffice to show Congress has abrogated all defenses to that claim.” Defendant also argued that simply because the NVRA was enacted under the Elections Clause and Equal Protection Clause does not automatically abrogate sovereign immunity.

On September 28, 2021, the court issued an order denying Defendants’ motion to dismiss the NVRA claim based on sovereign immunity. The court identified that the Elections Clause expressly delegated power concerning federal elections to the States, meaning that the Constitution divested the States of any original power over elections and gave that power to the federal government. The Constitution primarily treated states as election administrators rather than sovereign entities, and as such the States consented to suit for claims related to the time, place, and manner of federal elections, including the claim raised by Plaintiffs concerning the State and compliance with the NVRA.

On July 18, 2023, the parties stipulated to a dismissal because they reached an agreement resolving Plaintiffs’ claims. On the same day, the court made a docket entry and dismissed the case without prejudice but to convert to with prejudice within six months.

Summary Authors

Deidre Fragapane (11/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/48783759/parties/illinois-conservative-union-v-state-of-illinois/


Judge(s)

Ellis, Sara Lee (Illinois)

Documents in the Clearinghouse

Documents in this case
86

1:20-cv-05542

Notification of Docket Entry

Illinois Conservative Union, Et Al V. State of Illinois, Et Al

July 18, 2023

July 18, 2023

Docket
1

1:20-cv-05542

Complaint

Illinois Conservative Union, Et Al V. State of Illinois, Et Al

Sept. 18, 2020

Sept. 18, 2020

Complaint
5

1:20-cv-05542

Defendants' Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(B)(6) and 12(B)(1)

Illinois Conservative Union, Et Al V. State of Illinois, Et Al

Nov. 23, 2020

Nov. 23, 2020

Pleading / Motion / Brief
12

1:20-cv-05542

Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss

Illinois Conservative Union, Et Al V. State of Illinois, Et Al

Jan. 11, 2021

Jan. 11, 2021

Pleading / Motion / Brief
19

1:20-cv-05542

Order and Opinion

Illinois Conservative Union, Et Al V. State of Illinois, Et Al

June 1, 2021

June 1, 2021

Order/Opinion

2021 WL 2206159

23

1:20-cv-05542

Plaintiffs’ Supplemental Memorandum of Law in Opposition to Defendants’ Motion to Dismiss

Illinois Conservative Union, Et Al V. State of Illinois, Et Al

July 2, 2021

July 2, 2021

Pleading / Motion / Brief
25

1:20-cv-05542

Defendants' Supplemental Brief in Further Support of Their Motion to Dismiss Plaintiffs' Complaint

Illinois Conservative Union, Et Al V. State of Illinois, Et Al

July 2, 2021

July 2, 2021

Pleading / Motion / Brief
28

1:20-cv-05542

Defendants' Second Supplemental Brief in Further Support of Their Motion to Dismiss Plaintiffs' Complaint

Illinois Conservative Union, Et Al V. State of Illinois, Et Al

Sept. 20, 2021

Sept. 20, 2021

Pleading / Motion / Brief
29

1:20-cv-05542

Order

Illinois Conservative Union, Et Al V. State of Illinois, Et Al

Sept. 28, 2021

Sept. 28, 2021

Order/Opinion
85

1:20-cv-05542

Joint Stipulation of Dismissal

Illinois Conservative Union, Et Al V. State of Illinois, Et Al

July 18, 2023

July 18, 2023

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/48783759/illinois-conservative-union-v-state-of-illinois/

Last updated April 13, 2026, 4:46 a.m.

ECF Number Date Description Link
1 Sept. 18, 2020

COMPLAINT and Exhibits 1-3 filed by Loretta J. Savee, Illinois Conservative Union, Janet L. Shaw, Carol J. Davis; Filing fee $ 400, receipt number 0752-17452069. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Shestokas, David) (Entered: 09/18/2020)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

Clearinghouse
2 Sept. 21, 2020

CIVIL Cover Sheet (Shestokas, David) (Entered: 09/21/2020)

RECAP
3 Sept. 21, 2020

ATTORNEY Appearance for Plaintiffs Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw by David John Shestokas (Shestokas, David) (Entered: 09/21/2020)

RECAP
Sept. 21, 2020

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (mp, )

4 Oct. 16, 2020

ATTORNEY Appearance for Defendants Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois by Kelly C. Bauer (Bauer, Kelly) (Entered: 10/16/2020)

RECAP
5 Nov. 23, 2020

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois, MOTION by Defendants Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois to dismiss for lack of jurisdiction (Attachments: # 1 Exhibit A)(Bauer, Kelly) (Entered: 11/23/2020)

1 Exhibit A

View on PACER

Clearinghouse
6 Nov. 23, 2020

NOTICE of Motion by Kelly C. Bauer for presentment of Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, 5 before Honorable Sara L. Ellis on 12/1/2020 at 09:45 AM. (Bauer, Kelly) (Entered: 11/23/2020)

RECAP
7 Nov. 30, 2020

ATTORNEY Appearance for Plaintiffs Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw by Stephen F. Boulton (Boulton, Stephen) (Entered: 11/30/2020)

RECAP
8 Nov. 30, 2020

MINUTE entry before the Honorable Sara L. Ellis:The Court sets the following briefing schedule on Defendant's motion to dismiss 5 : Plaintiff's response is due by 1/11/2021 and Defendant's reply is due by 1/25/2021. The Court sets a status date for 4/28/2021 at 9:30 a.m. for ruling on Defendant's motion to dismiss. The Court stays discovery pending ruling on Defendant's motion to dismiss. Mailed notice (rj, ) (Entered: 11/30/2020)

RECAP
9 Jan. 6, 2021

MOTION by Plaintiffs Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw for leave to file excess pages of Response and Reply to Motion to Dismiss (Agreed) (Boulton, Stephen) (Entered: 01/06/2021)

RECAP
10 Jan. 6, 2021

NOTICE of Motion by Stephen F. Boulton for presentment of motion for leave to file excess pages 9 before Honorable Sara L. Ellis on 1/12/2021 at 09:45 AM. (Boulton, Stephen) (Entered: 01/06/2021)

RECAP
11 Jan. 11, 2021

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's agreed motion for leave to file its response in excess of fifteen pages 9 . The Court allows the response and reply briefs to be twenty pages in length. Mailed notice (rj, ) (Entered: 01/11/2021)

RECAP
12 Jan. 11, 2021

MEMORANDUM by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw in Opposition to Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, 5 (Boulton, Stephen) (Entered: 01/11/2021)

Clearinghouse
13 Jan. 11, 2021

NOTICE by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw of Filing of Memorandum in Opposition to Motion to Dismiss (Boulton, Stephen) (Entered: 01/11/2021)

RECAP
14 Jan. 25, 2021

MOTION by Defendants Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois for extension of time to file response/reply (unopposed) (Bauer, Kelly) (Entered: 01/25/2021)

RECAP
15 Jan. 25, 2021

NOTICE of Motion by Kelly C. Bauer for presentment of motion for extension of time to file response/reply 14 before Honorable Sara L. Ellis on 1/28/2021 at 01:45 PM. (Bauer, Kelly) (Entered: 01/25/2021)

RECAP
16 Jan. 27, 2021

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for extension of time 14 . Defendants' reply is due by 2/1/2021. Mailed notice (rj, ) (Entered: 01/27/2021)

RECAP
17 Feb. 1, 2021

REPLY by Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois to memorandum in opposition to motion 12 (Bauer, Kelly) (Entered: 02/01/2021)

RECAP
18 April 21, 2021

MINUTE entry before the Honorable Sara L. Ellis: Telephone Conference set for 4/28/2021 is stricken and reset to 6/2/2021 at 9:30 AM for ruling on Defendant's motion to dismiss. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 04/21/2021)

RECAP
19 June 1, 2021

OPINION AND ORDER. For the reasons stated in the accompanying Opinion and Order, the Court grants in part and denies in part Defendants' motion to dismiss 5 . The Court dismisses the equal protection claim (Count II) against the State and the Board. The Court reserves ruling on the State and the Board's sovereign immunity argument with respect to the NVRA claim. The Court orders the parties to file supplemental briefs addressing the question of whether Congress abrogated sovereign immunity under the NVRA, with citations to relevant legal authority, by July 2. Telephone Conference set for 6/2/2021 is stricken and reset to 9/8/2021 at 9:30 AM for ruling. Signed by the Honorable Sara L. Ellis on 6/1/2021. Mailed notice(rj, ) (Entered: 06/01/2021)

Clearinghouse
20 June 2, 2021

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 06/02/2021)

RECAP
21 June 2, 2021

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18311595. (Lee, Eric) (Entered: 06/02/2021)

RECAP
22 June 16, 2021

Motion for leave to appear pro hac vice 21 is granted. Signed by the Honorable Sara L. Ellis on 6/16/2021. Mailed notice(gcy, ) (Entered: 06/16/2021)

RECAP
23 July 2, 2021

MEMORANDUM by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw as Supplemental Response to Motion to Dismiss (Boulton, Stephen) (Entered: 07/02/2021)

Clearinghouse
24 July 2, 2021

NOTICE by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw of Filing of Supplemental Memorandum in Opposition to Motion to Dismiss (Boulton, Stephen) (Entered: 07/02/2021)

RECAP
25 July 2, 2021

SUPPLEMENT to Defendants' motion to dismiss Plaintiffs' complaint (Bauer, Kelly) (Entered: 07/02/2021)

Clearinghouse
26 Sept. 3, 2021

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status hearing set for 9/8/2021 and resets it to 9/29/2021 at 9:30 AM for ruling. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 09/03/2021)

RECAP
27 Sept. 9, 2021

MINUTE entry before the Honorable Sara L. Ellis: The Court orders Defendants to file a response of no more than five pages addressing whether states waived their sovereign immunity for cases arising under the Elections Clause pursuant to the plan of the Convention doctrine by 9/20/2021. Mailed notice (air, ) (Entered: 09/09/2021)

RECAP
28 Sept. 20, 2021

SUPPLEMENT to Defendants' Motion to Dismiss (second) (Bauer, Kelly) (Entered: 09/20/2021)

Clearinghouse
29 Sept. 28, 2021

ORDER. In its June 1, 2021 Opinion and Order 19, the Court reserved ruling on whether Plaintiffs can pursue the NVRA claim against the State and the Board. After supplemental briefing, the Court now denies Defendants' motion to dismiss the NVRA claim based on sovereign immunity. See Statement. Signed by the Honorable Sara L. Ellis on 9/28/2021:Emailed notice(rj, ) (Entered: 09/28/2021)

Clearinghouse
30 Sept. 28, 2021

MINUTE entry before the Honorable Sara L. Ellis: Under the plan of the Convention doctrine, the Court finds that Plaintiffs may proceed against the State and the Board and denies the State and the Board's motion to dismiss the NVRA claim 5 based on sovereign immunity. The Court strikes the status date set for 9/29/2021 and resets it to 10/26/2021 at 9:30 a.m. The parties should file a joint initial status report by 10/19/2021. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (rj, ) (Entered: 09/28/2021)

RECAP
31 Oct. 12, 2021

Defendants' ANSWER to Complaint and Affirmative Defenses by Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois(Bauer, Kelly) (Entered: 10/12/2021)

RECAP
32 Oct. 18, 2021

STATUS Report by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw (Lee, Eric) (Entered: 10/18/2021)

RECAP
33 Oct. 25, 2021

MINUTE entry before the Honorable Sara L. Ellis: The Court sets the following discovery schedule: Rule 26(a) disclosures are due by 11/5/2021; written discovery to issue by 11/19/2021; and fact discovery closes on 4/1/2022. The Court strikes the status date set for 10/26/2021 and resets it to 4/6/2022 at 9:30 a.m. The parties should file a joint status report by 3/30/2022 indicating the status of fact discovery, the status of settlement discussions and whether the parties request a referral to the magistrate judge for settlement purposes, whether the parties require expert discovery prior to dispositive motion practice, and proposed schedules for expert discovery and summary judgment briefing, where applicable. Mailed notice (rj, ) (Entered: 10/25/2021)

RECAP
34 Jan. 18, 2022

WITHDRAWING Assistant Attorney General Kelly C. Bauer as counsel for Defendants Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois and substituting Sarah Hughes Newman as counsel of record (Newman, Sarah) (Entered: 01/18/2022)

RECAP
35 Jan. 31, 2022

WITHDRAWING Sarah Newman as counsel for Defendants Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois and substituting Margaret Jones as counsel of record (Jones, Margaret) (Entered: 01/31/2022)

RECAP
36 Jan. 31, 2022

MOTION by Defendants Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois for extension of time to complete discovery (Jones, Margaret) (Entered: 01/31/2022)

RECAP
37 March 30, 2022

STATUS Report by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw (Lee, Eric) (Entered: 03/30/2022)

RECAP
38 April 5, 2022

MINUTE entry before the Honorable Sara L. Ellis: The Court grants the parties' motion for extension of fact discovery 36 . The Court extends fact discovery through 5/31/2022 and extends Defendants' time to answer discovery through 2/18/2022. The Court reminds the parties to notice motions for presentment. The Court strikes the status date set for 4/6/2022 and resets it to 6/9/2022 at 1:30 p.m. The parties should file a joint status report by 6/2/2022 indicating the status of fact discovery, the status of settlement discussions and whether the parties request a referral to the magistrate judge for settlement purposes, whether the parties require expert discovery prior to dispositive motion practice, and proposed schedules for expert discovery and summary judgment briefing, where applicable. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 04/05/2022)

RECAP
39 May 20, 2022

MOTION by Defendants Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois to stay (Attachments: # 1 Notice of Filing)(Jones, Margaret) (Entered: 05/20/2022)

RECAP
40 May 24, 2022

NOTICE of Motion by Margaret Jones for presentment of motion to stay 39 before Honorable Sara L. Ellis on 5/31/2022 at 09:30 AM. (Jones, Margaret) (Entered: 05/24/2022)

RECAP
41 May 27, 2022

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion to stay 39 and stays discovery through 7/29/2022. The Court strikes the status date set for 6/9/2022 and resets it to 8/3/2022 at 9:30 a.m. The parties should file a joint status report by 7/26/2022 indicating the status of fact discovery, the status of settlement discussions and whether the parties request a referral to the magistrate judge for settlement purposes, whether the parties require expert discovery prior to dispositive motion practice, and proposed schedules for expert discovery and summary judgment briefing, where applicable. If the parties file a stipulation of dismissal prior to the next status date, no appearance is required. Mailed notice (rj, ) (Entered: 05/27/2022)

RECAP
42 June 9, 2022

ATTORNEY Appearance for Plaintiffs Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw by Thornton Russell Nobile (Nobile, Thornton) (Entered: 06/09/2022)

RECAP
43 July 26, 2022

STATUS Report by Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois (Jones, Margaret) (Entered: 07/26/2022)

RECAP
44 Aug. 2, 2022

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 8/3/2022 and resets it to 8/31/2022 at 9:30 a.m. The Court continues the stay through 8/31/2022. The parties should file a joint status report indicating the status of settlement discussions by 8/24/2022. If the parties file a stipulation of dismissal prior to the next status date, no appearance is required. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 08/02/2022)

RECAP
45 Aug. 24, 2022

STATUS Report by Illinois State Board of Elections, Steve S. Sandvoss, State of Illinois (Jones, Margaret) (Entered: 08/24/2022)

RECAP
46 Aug. 30, 2022

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 8/31/2022 and resets it to 11/1/2022 at 9:30 a.m. The Court enters a referral to the magistrate judge for settlement purposes. The parties should file a joint status report regarding their settlement discussions by 10/25/2022. The Court continues the stay of discovery pending a settlement conference with the magistrate judge. If the parties file a stipulation of dismissal prior to the next status date, no appearance is required. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 08/30/2022)

RECAP
47 Oct. 24, 2022

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Beth W. Jantz for the purpose of holding proceedings related to: settlement conference.(rj, )Mailed notice. (Entered: 10/24/2022)

RECAP
48 Oct. 24, 2022

MINUTE entry before the Honorable Beth W. Jantz: This case was referred on 10/24/22 to the Magistrate Judge for proceedings related to a settlement conference 47 . The parties are directed to review and comply with Magistrate Judge Jantz's Standing Order for Settlement Conferences. A telephonic pre-settlement conference call is scheduled for 10/27/22 at 12:00 p.m. Central. To join the pre-settlement call by phone, dial 888-273-3658 and enter access code 2217918. Mailed notice. (as, ) (Entered: 10/24/2022)

RECAP
49 Oct. 25, 2022

STATUS Report by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw (Lee, Eric) (Entered: 10/25/2022)

RECAP
50 Oct. 28, 2022

MINUTE entry before the Honorable Beth W. Jantz: Telephonic pre-settlement conference call held on 10/27/22. A settlement conference is set for 12/19/22 at 10:00 a.m. Central. Format, whether in-person, by video, or hybrid, to be determined later; parties shall let the Court's courtroom deputy know their choice of format by 12/5/22. Plaintiffs' settlement position statement is due to this Court's settlement inbox (Settlement_Correspondence_Jantz@ilnd.uscourts.gov) and to opposing counsel by 11/15/22; Defendants' responsive statement is due to the same by 11/29/22. The parties are directed to review and comply with Magistrate Judge Jantz's Standing Order for Settlement Conferences. Given the unique nature of the case, the parties' position statements should focus in particular on (1) Plaintiffs' legal authority for obtaining the specific information at issue, (2) Defendants' concerns surrounding production of that information, and (3) creative proposals for resolving the matter in a mutually agreeable way. Should the parties need to contact the Court if issues arise or they wish to pursue a different method of settlement, they may jointly email the Court's courtroom deputy at any time. Mailed notice. (as, ) (Entered: 10/28/2022)

RECAP
51 Oct. 31, 2022

MINUTE entry before the Honorable Sara L. Ellis: Pursuant to the settlement conference scheduled for 12/19/2022, the Court strikes the status date set for 11/1/2022 and resets it to 1/11/2023 at 9:30 a.m. The parties should file a joint status report regarding settlement discussions by 1/4/2023. The Court continues the stay of discovery pending the settlement conference with the magistrate judge. If the parties file a stipulation of dismissal prior to the next status date, no appearance is necessary. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 10/31/2022)

RECAP
52 Dec. 5, 2022

MINUTE entry before the Honorable Beth W. Jantz: The Court has received the parties' settlement position statements in this matter. After reviewing the parties' positions, the Court would like to conduct ex parte calls with counsel for each side in advance of the 12/19/2022 settlement conference. Permission to hold such calls have been received from the parties via email. Accordingly, Plainitff's ex parte call is scheduled at 2:00 p.m. CT on 12/9/2022 and Defendants' ex parte call is scheduled at 1:30 p.m. CT on 12/6/2022. Mailed notice. (as, ) (Entered: 12/05/2022)

RECAP
53 Dec. 6, 2022

MINUTE entry before the Honorable Beth W. Jantz: After obtaining permission to hold ex parte calls re settlement from both parties via email, Defendants' ex parte call with the Court held on 12/6/22. Mailed notice. (as, ) (Entered: 12/06/2022)

RECAP
54 Dec. 9, 2022

MINUTE entry before the Honorable Beth W. Jantz: After obtaining permission to hold ex parte calls re settlement from both parties via email, Plaintiffs' ex parte call with the Court held on 12/9/22. The Court thanks both sides for their detailed settlement position letters which were very helpful in advancing settlement negotiations. Based on the progress made during the ex parte calls, the parties and the Court agree to cancel the full settlement conference on 12/19/22. In lieu of that work, the Defendants will draft and circulate to the Plaintiffs a proposed settlement agreement and court order (or whatever format on which the parties can agree) by 1/25/23. A group status call on settlement is scheduled for 2/1/23 at 10:30 a.m. Central. To join call, counsel shall dial 888-273-3658 and enter access code 2217918. Mailed notice. (as, ) (Entered: 12/09/2022)

RECAP
55 Jan. 4, 2023

STATUS Report by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw (Lee, Eric) (Entered: 01/04/2023)

RECAP
56 Jan. 5, 2023

MINUTE entry before the Honorable Beth W. Jantz: Telephonic status set for 2/1/2023 is reset to 2/1/2023 at 11:30 a.m. Time change only. Call in information to remain. Mailed notice. (as, ) (Entered: 01/05/2023)

RECAP
57 Jan. 10, 2023

MINUTE entry before the Honorable Sara L. Ellis: In light of the settlement conference status scheduled for 2/1/2023, the Court strikes the status date set for 1/11/2023 and resets it to 3/1/2023 at 9:30 a.m. The parties should file a joint status report on settlement by 2/21/2023. If the parties file a stipulation of dismissal prior to the next status date, no appearance is necessary. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 01/10/2023)

RECAP
58 Jan. 25, 2023

MOTION by Defendants Illinois State Board of Elections, Steve S. Sandvoss for extension of time (Jones, Margaret) (Entered: 01/25/2023)

RECAP
59 Jan. 26, 2023

MINUTE entry before the Honorable Beth W. Jantz: Defendant's Unopposed Motion to Extend Time 58 is granted. The telephonic status call set for 2/1/2023 is stricken and reset to 2/15/2023 at 9:30 a.m. Call in information to remain. Mailed notice. (as, ) (Entered: 01/26/2023)

RECAP
60 Feb. 13, 2023

MINUTE entry before the Honorable Beth W. Jantz: Telephonic status hearing set for 2/15/2023 is reset to 2/15/2023 at 10:15 a.m. Time change only. Call in information to remain. Mailed notice. (as, ) (Entered: 02/13/2023)

RECAP
61 Feb. 15, 2023

MINUTE entry before the Honorable Beth W. Jantz: Status hearing regarding settlement held on 2/15/23 and continued to 3/3/23 at 10:15 a.m. Central. Parties report that they are in the process of working on settlement terms. Should the parties resolve all issues before the next status and anticipate filing a stipulation to dismiss with the District Judge, they should jointly email this Court's courtroom deputy and the status hearing may be stricken. To join the 3/3/23 call, counsel shall dial 888-273-3658 and enter access code 2217918. Mailed notice. (as, ) (Entered: 02/15/2023)

RECAP
62 Feb. 21, 2023

STATUS Report by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw (Lee, Eric) (Entered: 02/21/2023)

RECAP
63 Feb. 28, 2023

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 3/1/2023 and resets it to 3/28/2023 at 9:30 a.m. The parties should file a joint status report on settlement by 3/21/2023. If the parties file a stipulation of dismissal prior to the next status date, no appearance is necessary. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 02/28/2023)

RECAP
64 March 2, 2023

MINUTE entry before the Honorable Beth W. Jantz: At Defendant's request and by agreement of the parties, the telephone status set on 3/2/2023 is cancelled and reset to 3/20/2023 at 10:30 a.m. central. Call in information to remain. Mailed notice. (as, ) (Entered: 03/02/2023)

RECAP
65 March 20, 2023

MINUTE entry before the Honorable Beth W. Jantz: Status hearing regarding settlement held on 3/20/23, and continued to 4/24/23 at 1pm Central. Parties report that they continue to work productively toward settlement terms. Should the parties resolve all issues before the next status and anticipate filing a stipulation to dismiss with the District Judge, they should jointly email this Court's courtroom deputy and the status hearing may be stricken. To join the 4/24/23 call, counsel shall dial 888-273-3658 and enter access code 2217918. Mailed notice. (exr, ) (Entered: 03/20/2023)

RECAP
66 March 21, 2023

STATUS Report by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw (Lee, Eric) (Entered: 03/21/2023)

RECAP
67 March 27, 2023

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 3/28/2023 and resets it to 5/10/2023 at 9:30 a.m. The parties should file a joint status report on settlement by 5/3/2023. If the parties file a stipulation of dismissal prior to the next status date, no appearance is necessary. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 03/27/2023)

RECAP
68 April 24, 2023

MINUTE entry before the Honorable Beth W. Jantz: Status hearing held on 4/24/2023 and continued to 5/24/2023 at 10:15 a.m. Central. The parties continue to negotiate closer to a finalized settlement. Should the settlement agreement become executed and a Stipulation to Dismiss is on file with the District Judge prior to 5/24/23, then the status hearing will be cancelled, and no one need to call in. To join the 5/24/2023 status conference by phone, dial 888-273-3658 and enter access code 2217918. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (as, ) (Entered: 04/25/2023)

RECAP
69 May 3, 2023

STATUS Report by Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw (Lee, Eric) (Entered: 05/03/2023)

RECAP
70 May 8, 2023

MINUTE entry before the Honorable Beth W. Jantz: Telephonic status set for 5/24/2023 is reset to 5/24/2023 at 10:30 a.m. Time change only. Call in information to remain. Mailed notice. (as, ) (Entered: 05/08/2023)

RECAP
71 May 10, 2023

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 5/10/2023 and resets it to 6/1/2023 at 9:30 a.m. The parties should file a joint status report on settlement by 5/30/2023. If the parties file a stipulation of dismissal prior to the next status date, no appearance is necessary. Emailed notice (cdh, ) (Entered: 05/10/2023)

RECAP
72 May 24, 2023

MINUTE entry before the Honorable Beth W. Jantz: Status hearing on settlement held on 5/24/2023. The parties report that the now-completed settlement agreement is in the process of being executed. A Stipulation of Dismissal shall be filed with the District Judge by 6/2/2023. The Court also discussed with the parties various jurisdictional options, which the parties are also free to discuss with District Judge during their status on 6/1/23. Mailed notice. (as, ) (Entered: 05/26/2023)

RECAP
73 June 1, 2023

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 6/1/2023 and resets it to 6/6/2023 at 9:30 a.m. If the parties file a stipulation of dismissal prior to the next status date, no appearance is required. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 06/01/2023)

RECAP
74 June 2, 2023

MOTION by Plaintiffs Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw to continue deadlines Presented before Magistrate Judge (Lee, Eric) (Entered: 06/02/2023)

RECAP
75 June 5, 2023

MINUTE entry before the Honorable Beth W. Jantz: Motion to continue 74 is granted. Mailed notice. (as, ) (Entered: 06/05/2023)

RECAP
76 June 5, 2023

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 6/6/2023 and resets it to 7/5/2023 at 9:30 a.m. If the parties file a stipulation of dismissal prior to the next status date, no appearance is required. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (rj, ) (Entered: 06/05/2023)

RECAP
77 June 15, 2023

MOTION by Plaintiffs Carol J. Davis, Illinois Conservative Union, Loretta J. Savee, Janet L. Shaw for protective order Presented before Magistrate Judge (Attachments: # 1 Exhibit 1 (Proposed Agreed Confidentiality Order))(Lee, Eric) (Entered: 06/15/2023)

RECAP
78 June 21, 2023

MINUTE entry before the Honorable Beth W. Jantz: The Parties' Joint Motion for Entry of an Agreed Confidentiality Order 77 is granted. Enter Order. The parties' stipulation of dismissal is due by 6/29/2023. If the parties need a status hearing with the Magistrate Judge to discuss the possible form of that stipulation, they may jointly request one by emailing the Magistrate Judge's CRD, and a telephonic status hearing, if needed, could be set for 6/22/23 (after 10:30 a.m. Central), on 6/23/23 at 9:00 a.m. Central, or on 6/30/23 at 11:15 a.m. Central. Mailed notice. (as, ) (Entered: 06/21/2023)

RECAP
79 June 21, 2023

AGREED Confidentiality Order. Signed by the Honorable Beth W. Jantz on 6/21/2023. Mailed notice. (as, ) (Entered: 06/21/2023)

RECAP
83 July 11, 2023

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 7/11/2023 and continued to 7/18/2023 at 9:30 AM. If the parties file a signed Exercise Consent of Jurisdiction by a United States Magistrate Judge, prior to the next status date, no appearance is required. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 07/12/2023)

RECAP
84 July 18, 2023

JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Lee, Eric) (Entered: 07/18/2023)

RECAP
85 July 18, 2023

STIPULATION of Dismissal (Lee, Eric) (Entered: 07/18/2023)

RECAP
86 July 18, 2023

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 7/18/2023. Pursuant to the Stipulation of Dismissal filed in this case 85, the case is dismissed without prejudice and will convert to a dismissal with prejudice within six months of today's date. Civil case terminated. Mailed notice. (exr, ) (Entered: 07/18/2023)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 18, 2020

Closing Date: July 18, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit, non-partisan organization interested in election integrity and a group of registered voters

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Executive Director of the Illinois State Board of Elections

Illinois

The Illinois State Board of Elections

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of Illinois 1:20-cv-05542

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Voting:

Voting: General & Misc.

Recommended Citation