Case: Miller v. Hughs

1:19-cv-01071 | U.S. District Court for the Western District of Texas

Filed Date: Nov. 1, 2019

Closed Date: July 10, 2020

Clearinghouse coding complete

Case Summary

This case is about a Texas statute, Tex. Elec. Code § 12.082(a), that requires candidates of the same political party of the last elected Governor to appear first on general election ballots for every partisan race. On November 1, 2019, a registered Texas voter, the Texas Democratic Party, and three national Democratic committees filed this lawsuit in the U.S. District Court for the Western District of Texas. They sued the Texas Secretary of State under 42 U.S.C. § 1983. Because extensive acade…

This case is about a Texas statute, Tex. Elec. Code § 12.082(a), that requires candidates of the same political party of the last elected Governor to appear first on general election ballots for every partisan race.

On November 1, 2019, a registered Texas voter, the Texas Democratic Party, and three national Democratic committees filed this lawsuit in the U.S. District Court for the Western District of Texas. They sued the Texas Secretary of State under 42 U.S.C. § 1983. Because extensive academic research shows an electoral benefit to candidates being listed first on a ballot, the plaintiffs alleged the ballot order statute burdened their right to vote and provided an unfair and arbitrary advantage to one political party, in violation of the First and Fourteenth Amendments to the U.S. Constitution. Represented by private counsel, the plaintiffs sought declaratory relief, an injunction barring implementation of the ballot order statute, and attorneys’ fees. The case was assigned to District Judge Lee Yeakel.

On December 12, 2019, the Texas Secretary of State moved to dismiss the complaint. She argued that 1) she was not the proper defendant because she did not enforce the ballot order statute, and she was protected by sovereign immunity; 2) the plaintiffs lacked standing to challenge the statute; 3) the challenge was a nonjusticiable political question; and 4) the statute was constitutional.

On July 10, 2020, the court granted the Secretary’s motion to dismiss. The court ruled that the Secretary of State was a proper defendant and not shielded by sovereign immunity. However, the court also ruled that plaintiffs showed insufficient injury in fact to establish Article III standing. Further, even if they had standing, the court held the question of whether the ballot order statute was fair was a question best left to the legislatures and not the courts.

The plaintiff filed a motion for reconsideration in August 2020, but this was denied by the court. 

The case is now closed.

Summary Authors

John McGinnis (5/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16418049/parties/miller-v-hughs/


Documents in the Clearinghouse

Documents in this case
1

1:19-cv-01071

Complaint for Declaratory and Injunctive Relief

Nov. 1, 2019

Nov. 1, 2019

Complaint

2019 WL 5699350

19

1:19-cv-01071

Plaintiff's Opposed Application for a Preliminary Injunction

Nov. 1, 2019

Nov. 1, 2019

Pleading / Motion / Brief
29

1:19-cv-01071

Transcript of Telephone Conference before the Honorable Lee Yeakel

Nov. 22, 2019

Nov. 22, 2019

Transcript
30

1:19-cv-01071

Order

Dec. 3, 2019

Dec. 3, 2019

Order/Opinion
33

1:19-cv-01071

The Texas Secretary of State's Motion to Dismiss

Dec. 12, 2019

Dec. 12, 2019

Pleading / Motion / Brief

2019 WL 7753732

36

1:19-cv-01071

Plaintiff's Response in Opposition to Defendant's Motion to Dismiss

Dec. 31, 2019

Dec. 31, 2019

Pleading / Motion / Brief

2019 WL 9899528

38

1:19-cv-01071

The Texas Secretary of State's Reply in Support of Her Motion to Dismiss

Jan. 10, 2020

Jan. 10, 2020

Pleading / Motion / Brief

2020 WL 4811778

41

1:19-cv-01071

Plaintiff's Notice of Supplemental Authority in Support of Response in Opposition to Secretary's Motion to Dismiss

Jan. 29, 2020

Jan. 29, 2020

Pleading / Motion / Brief
42

1:19-cv-01071

The Texas Secretary of State's Response to Plaintiff's Notice of Supplemental Authority

Feb. 4, 2020

Feb. 4, 2020

Pleading / Motion / Brief
45

1:19-cv-01071

Plaintiff's Opposed Motion for a Limited Protective Order

Feb. 11, 2020

Feb. 11, 2020

Pleading / Motion / Brief

2020 WL 4811780

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16418049/miller-v-hughs/

Last updated April 11, 2026, 4:43 a.m.

ECF Number Date Description Link
1 Nov. 1, 2019

COMPLAINT --Complaint for Declaratory and Injunctive Relief-- ( Filing fee $ 400 receipt number 0542-12798246), filed by Rachel Miller, Democratic Senatorial Campaign Committee, DNC Services Corp. d/b/a Democratic National Committee, Texas Democratic Party, Democratic Congressional Campaign Committee. (Attachments: # 1 Civil Cover Sheet)(Howton, Skyler) (Entered: 11/01/2019)

1 Civil Cover Sheet

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Clearinghouse
2 Nov. 1, 2019

REQUEST FOR ISSUANCE OF SUMMONS by DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Howton, Skyler) (Entered: 11/01/2019)

RECAP
3 Nov. 1, 2019

RULE 7 DISCLOSURE STATEMENT filed by DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Howton, Skyler) (Entered: 11/01/2019)

RECAP
4 Nov. 1, 2019

MOTION to Appear Pro Hac Vice by Skyler M. Howton for Marc E. Elias ( Filing fee $ 100 receipt number 0542-12798385) by on behalf of DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/01/2019)

RECAP
5 Nov. 1, 2019

MOTION to Appear Pro Hac Vice by Skyler M. Howton for Elisabeth C. Frost ( Filing fee $ 100 receipt number 0542-12798455) by on behalf of DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Attachment 1 replaced and flattened on 11/1/2019) (cj). (Entered: 11/01/2019)

RECAP
6 Nov. 1, 2019

MOTION to Appear Pro Hac Vice by Skyler M. Howton for John M. Geise ( Filing fee $ 100 receipt number 0542-12798482) by on behalf of DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/01/2019)

RECAP
7 Nov. 1, 2019

MOTION to Appear Pro Hac Vice by Skyler M. Howton for Abha Khanna ( Filing fee $ 100 receipt number 0542-12798502) by on behalf of DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/01/2019)

RECAP
8 Nov. 1, 2019

MOTION to Appear Pro Hac Vice by Skyler M. Howton for Gillian C. Kuhlmann ( Filing fee $ 100 receipt number 0542-12798545) by on behalf of DNC Services Corp. d/b/a Democratic National Committee, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/01/2019)

RECAP
9 Nov. 1, 2019

Summons Issued as to Ruth Hughs. (cj) (Entered: 11/01/2019)

RECAP
Nov. 1, 2019

To be Referred to AU Mag Judge

Nov. 1, 2019

Case Assigned/Reassigned

Nov. 1, 2019

Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)

Nov. 1, 2019

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (cj)

10 Nov. 4, 2019

ORDER GRANTING 4 Motion for Marc E. Elias to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 11/04/2019)

RECAP
11 Nov. 4, 2019

ORDER GRANTING 5 Motion for Elisabeth C. Frost to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 11/04/2019)

RECAP
12 Nov. 4, 2019

ORDER GRANTING 6 Motion for John Geise to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 11/04/2019)

RECAP
13 Nov. 4, 2019

ORDER GRANTING 7 Motion for Abha Khanna to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 11/04/2019)

RECAP
14 Nov. 4, 2019

ORDER GRANTING 8 Motion for Gillian C. Kuhlmann to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 11/04/2019)

RECAP
15 Nov. 13, 2019

MOTION for Leave to Exceed Page Limitation -- Unopposed Motion for Leave to Exceed Page Limits -- by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order Order)(Howton, Skyler) (Entered: 11/13/2019)

RECAP
16 Nov. 14, 2019

ORDER GRANTING Plaintiffs' 15 Unopposed Motion for Leave to Exceed Page Limits. Signed by Judge Lee Yeakel. (lt) (Entered: 11/14/2019)

RECAP
17 Nov. 15, 2019

NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Ruth Hughs. Attorney Patrick K. Sweeten added to party Ruth Hughs(pty:dft) (Sweeten, Patrick) (Entered: 11/15/2019)

RECAP
18 Nov. 15, 2019

MOTION for Extension of Time to File Responsive Pleading by Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 11/15/2019)

RECAP
19 Nov. 18, 2019

MOTION for Preliminary Injunction -- Plaintiffs' Opposed Application for a Preliminary Injunction -- by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/18/2019)

1 Proposed Order

View on RECAP

Clearinghouse
20 Nov. 18, 2019

APPENDIX to 19 MOTION for Preliminary Injunction -- Plaintiffs' Opposed Application for a Preliminary Injunction -- by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Ex 1-Declaration of E. Frost, # 2 Ex A-Declaration of L. Guinn, # 3 Ex B-Declaration of T. Maxey, # 4 Ex C-Expert Report of J. Rodden, # 5 Ex D-Expert Report of J. Krosnick, # 6 Ex E-Expert Report of D. Grant, # 7 Ex F-Candidate Certification & Ballot Drawing 2016 Primary, # 8 Ex G-Expert Report of J. Henson & J. Blank, # 9 Ex H-Declaration of J. Barasky, # 10 Ex I-Declaration of R. Martin, # 11 Ex J-Declaration of R. Miller)(Howton, Skyler) (Entered: 11/18/2019)

1 Ex 1-Declaration of E. Frost

View on RECAP

2 Ex A-Declaration of L. Guinn

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3 Ex B-Declaration of T. Maxey

View on RECAP

4 Ex C-Expert Report of J. Rodden

View on RECAP

5 Ex D-Expert Report of J. Krosnick

View on RECAP

6 Ex E-Expert Report of D. Grant

View on RECAP

7 Ex F-Candidate Certification & Ballot Drawing 2016 Primary

View on RECAP

8 Ex G-Expert Report of J. Henson & J. Blank

View on RECAP

9 Ex H-Declaration of J. Barasky

View on RECAP

10 Ex I-Declaration of R. Martin

View on RECAP

11 Ex J-Declaration of R. Miller

View on RECAP

Clearinghouse
21 Nov. 19, 2019

ORDER GRANTING Defendant's 18 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint for Declaratory and Injunctive Relief; Ruth Hughs answer due 12/12/2019. Signed by Judge Lee Yeakel. (lt) (Entered: 11/19/2019)

RECAP
22 Nov. 21, 2019

MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Preliminary Injunction -- Plaintiffs' Opposed Application for a Preliminary Injunction -- by Ruth Hughs. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 11/21/2019)

RECAP
23 Nov. 21, 2019

Response in Opposition to Motion, filed by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party, re 22 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Preliminary Injunction -- Plaintiffs' Opposed Application for a Preliminary Injunction -- filed by Defendant Ruth Hughs (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/21/2019)

RECAP
24 Nov. 22, 2019

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 11/22/2019. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 11/22/2019)

RECAP
25 Nov. 27, 2019

Unopposed MOTION to Withdraw 19 MOTION for Preliminary Injunction -- Plaintiffs' Opposed Application for a Preliminary Injunction -- [Plaintiffs' Unopposed Motion to Voluntarily Withdraw Plaintiffs' Opposed Application for a Preliminary Injunction Without Prejudice] by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 11/27/2019)

RECAP
26 Dec. 2, 2019

Scheduling Recommendations/Proposed Scheduling Order Filed Jointly by Plaintiffs and by Ruth Hughs. (Attachments: # 1 Proposed Order, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 12/02/2019)

RECAP
27 Dec. 2, 2019

ORDER GRANTING Plaintiffs' 25 Motion to Voluntarily Withdraw the Opposed Application for a Preliminary Injunction without prejudice to renew or file an amended application at a later date. The Opposed Application for a Preliminary Injunction is considered withdrawn. Signed by Judge Lee Yeakel. (lt) (Main Document 27 replaced on 12/3/2019) (lt). (Entered: 12/02/2019)

RECAP
28 Dec. 2, 2019

ORDER DISMISSING Defendant's 22 Motion for Extension of Time to File a Response to Plaintiffs' Application for a Preliminary Injunction. Signed by Judge Lee Yeakel. (lt) (Entered: 12/02/2019)

RECAP
29 Dec. 3, 2019

Transcript filed of Proceedings held on November 22, 2019, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 12/24/2019, Redacted Transcript Deadline set for 1/3/2020, Release of Transcript Restriction set for 3/2/2020, (alr) (Entered: 12/03/2019)

Clearinghouse
30 Dec. 3, 2019

SCHEDULING ORDER: Discovery due by 5/15/2020, Dispositive and Daubert Motions due by 5/22/2020, Two-day Bench Trial set for 7/20/2020 and 7/21/2020 at 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) (Entered: 12/03/2019)

Clearinghouse
31 Dec. 12, 2019

Unopposed MOTION for Leave to Exceed Page Limitation on Motion to Dismiss by Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 12/12/2019)

RECAP
32 Dec. 12, 2019

ORDER GRANTING 31 Unopposed Motion for Leave to Exceed Page Limits. Signed by Judge Lee Yeakel. (lt) (Entered: 12/12/2019)

RECAP
33 Dec. 12, 2019

MOTION to Dismiss by Ruth Hughs. (Sweeten, Patrick) (Entered: 12/12/2019)

Clearinghouse
34 Dec. 26, 2019

Unopposed MOTION for Leave to Exceed Page Limitation on Response in Opposition to Motion to Dismiss by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Geise, John) (Entered: 12/26/2019)

RECAP
35 Dec. 27, 2019

ORDER GRANTING Plaintiffs' 34 Unopposed Motion for Leave to Exceed Page Limits. Signed by Judge Lee Yeakel. (lt) (Entered: 12/27/2019)

RECAP
36 Dec. 31, 2019

Response in Opposition to Motion, filed by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party, re 33 MOTION to Dismiss filed by Defendant Ruth Hughs (Howton, Skyler) (Entered: 12/31/2019)

Clearinghouse
37 Jan. 10, 2020

Rule 26(f) Discovery Report/Case Management Plan Jointly Submitted by Ruth Hughs and by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Geise, John) (Entered: 01/10/2020)

RECAP
38 Jan. 10, 2020

REPLY to Response to Motion, filed by Ruth Hughs, re 33 MOTION to Dismiss filed by Defendant Ruth Hughs (Sweeten, Patrick) (Entered: 01/10/2020)

Clearinghouse
39 Jan. 24, 2020

Unopposed MOTION to Withdraw as Attorney by Ruth Hughs. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 01/24/2020)

RECAP
40 Jan. 27, 2020

ORDER GRANTING 39 Unopposed Motion to Withdraw Todd Lawrence Disher as Counsel. Signed by Judge Lee Yeakel. (lt) (Entered: 01/27/2020)

RECAP
41 Jan. 29, 2020

NOTICE of Supplemental Authority by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party re 36 Response in Opposition to Motion (Attachments: # 1 Supplement)(Howton, Skyler) Modified on 1/30/2020 to create docket entry relationship(jv2). (Entered: 01/29/2020)

1 Supplement

View on RECAP

Clearinghouse
42 Feb. 4, 2020

RESPONSE to 41 Notice (Other), by Ruth Hughs. (Sweeten, Patrick) (Entered: 02/04/2020)

Clearinghouse
43 Feb. 4, 2020

ORDER Setting Hearing on 33 MOTION to Dismiss : Motion Hearing set for 3/9/2020 at 10:00 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) (Entered: 02/04/2020)

RECAP
44 Feb. 5, 2020

Unopposed MOTION To Reschedule Motion Hearing -- re 43 Order Setting Hearing on Motion by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 02/05/2020)

RECAP
45 Feb. 11, 2020

Opposed MOTION for Protective Order --Plaintiffs' Opposed Motion for A Limited Protective Order-- by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Ex. A-Email Between Counsel, # 2 Proposed Order)(Howton, Skyler) (Entered: 02/11/2020)

1 Ex. A-Email Between Counsel

View on RECAP

2 Proposed Order

View on RECAP

Clearinghouse
46 Feb. 18, 2020

Response in Opposition to Motion, filed by Ruth Hughs, re 45 Opposed MOTION for Protective Order --Plaintiffs' Opposed Motion for A Limited Protective Order-- filed by Plaintiff DSCC, Plaintiff Texas Democratic Party, Plaintiff DCCC, Plaintiff DNC Services Corp., Plaintiff Rachel Miller (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 02/18/2020)

1 Exhibit A

View on RECAP

2 Proposed Order

View on RECAP

Clearinghouse
47 Feb. 18, 2020

ORDER GRANTING 44 Plaintiffs' Unopposed Motion to Reschedule Motion Hearing. ORDER the hearing on The Texas Secretary of State's Motion to Dismiss 33 is RESET to Tuesday, March 24,2020, at 2:00 p.m. Signed by Judge Lee Yeakel. (jv2) (Entered: 02/18/2020)

RECAP
Feb. 18, 2020

Motion Hearing reset for 3/24/2020 at 02:00 PM before Judge Lee Yeakel. (jv2)

48 Feb. 21, 2020

REPLY to Response to Motion, filed by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party, re 45 Opposed MOTION for Protective Order --Plaintiffs' Opposed Motion for A Limited Protective Order-- filed by Plaintiff DSCC, Plaintiff Texas Democratic Party, Plaintiff DCCC, Plaintiff DNC Services Corp., Plaintiff Rachel Miller (Howton, Skyler) (Entered: 02/21/2020)

Clearinghouse
49 Feb. 25, 2020

ORDER REFERRING MOTION: 45 Plaintiffs' Opposed Motion for a Limited Protective Order-- filed by DSCC, Texas Democratic Party, DCCC, DNC Services Corp., Rachel Miller. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Mark Lane. (jv2) (Entered: 02/25/2020)

Clearinghouse
50 March 2, 2020

NOTICE of Attorney Appearance by Eric A. Hudson on behalf of Ruth Hughs. Attorney Eric A. Hudson added to party Ruth Hughs(pty:dft) (Hudson, Eric) (Entered: 03/02/2020)

RECAP
51 March 17, 2020

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 3/17/2020 (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(jv2) (Entered: 03/17/2020)

RECAP
52 March 18, 2020

NOTICE of Supplemental Authority in Support of Response in Opposition to Defendant's Motion to Dismiss by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party (Attachments: # 1 Exhibit A - Memo Opinion and Order)(Geise, John) Modified on 3/19/2020 to clarify pleading name in docket text and add docket entry relationship (jv2). (Entered: 03/18/2020)

1 Exhibit A - Memo Opinion and Order

View on PACER

RECAP
53 March 19, 2020

ORDER RESETTING HEARING ON MOTION TO DISMISS TO BE BY TELEPHONE CONFERENCE. This cause is RESET for a hearing on The Texas Secretary of State's Motion to Dismiss 33 by telephone on 3/24/2020 at 02:00 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (jv2) (Entered: 03/19/2020)

RECAP
54 March 24, 2020

ORDER DENYING 45 Plaintiffs' Opposed Motion for a Limited Protective Order. Signed by Judge Mark Lane. (jv2) (Entered: 03/24/2020)

Clearinghouse
55 March 24, 2020

Minute Entry for proceedings held before Judge Lee Yeakel: Motion Hearing held on 3/24/2020 re 33 MOTION to Dismiss filed by Ruth Hughs (Minute entry documents are not available electronically.) Written Order Forthcoming. (Court Reporter Arlinda Rodriguez.)(jv2) (Entered: 03/24/2020)

RECAP
56 March 26, 2020

SUMMONS Returned Executed by Rachel Miller, DSCC, DNC Services Corp., Texas Democratic Party, DCCC. -- RETURN of Service of SUMMONS Executed as to Ruth Hughs served on 11/7/2019-- (Attachments: # 1 Ex A-Summons Served, # 2 Ex B-Certified Mail Receipt)(Howton, Skyler) (Entered: 03/26/2020)

RECAP
57 March 27, 2020

Transcript filed of Proceedings held on March 24, 2020, Proceedings Transcribed: Telephonic Motions Hearing. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 4/17/2020, Redacted Transcript Deadline set for 4/27/2020, Release of Transcript Restriction set for 6/25/2020, (alr) (Entered: 03/27/2020)

RECAP
58 March 31, 2020

Unopposed MOTION to Extend Scheduling Order Deadlines by Ruth Hughs. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 03/31/2020)

RECAP
59 April 1, 2020

ORDER GRANTING 58 Defendant's Unopposed Motion to Extend Scheduling Deadlines. Bench Trial set for 7/20/2020-07/21/2020 beginning at 09:30 AM before Judge Lee Yeakel, Discovery due by 5/29/2020, Dispositive Motions due by 5/29/2020. Signed by Judge Lee Yeakel. (jv2) (Entered: 04/01/2020)

Clearinghouse
60 April 3, 2020

SUPPLEMENT to 36 Response in Opposition to Motion, 52 Notice (Other), 41 Notice (Other), Supplemental Brief Re Nelson v Warner and Comcast Corp v. Nat'l Ass'n of African Am-Owned Media by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Howton, Skyler) (Entered: 04/03/2020)

Clearinghouse
61 April 3, 2020

Memorandum in Support, filed by Ruth Hughs, re 33 MOTION to Dismiss filed by Defendant Ruth Hughs (Sweeten, Patrick) (Entered: 04/03/2020)

Clearinghouse
62 April 28, 2020

NOTICE of Attorney Appearance by Todd Lawrence Disher on behalf of Ruth Hughs (Disher, Todd) (Entered: 04/28/2020)

RECAP
63 May 4, 2020

NOTICE of Supplemental Authority by Ruth Hughs re 33 MOTION to Dismiss (Sweeten, Patrick) (Entered: 05/04/2020)

Clearinghouse
64 May 4, 2020

MOTION to Appear Pro Hac Vice by Chad W. Dunn (Rob Meyerhoff for TDP) ( Filing fee $ 100 receipt number 0542-13530255) by on behalf of Texas Democratic Party. (Dunn, Chad) (Entered: 05/04/2020)

RECAP
65 May 4, 2020

DEFICIENCY NOTICE: re 64 MOTION to Appear Pro Hac Vice by Chad W. Dunn (Rob Meyerhoff for TDP) ( Filing fee $ 100 receipt number 0542-13530255) (jv2) (Entered: 05/04/2020)

RECAP
66 May 5, 2020

ATTACHMENT Proposed Order to 64 MOTION to Appear Pro Hac Vice by Chad W. Dunn (Rob Meyerhoff for TDP) ( Filing fee $ 100 receipt number 0542-13530255) by Texas Democratic Party. (Dunn, Chad) (Entered: 05/05/2020)

RECAP
67 May 5, 2020

ORDER GRANTING 64 Robert Leslie Meyerhoff's Motion to Appear Pro Hac Vice on behalf of The Texas Democratic Party. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (jv2) (Entered: 05/05/2020)

RECAP
68 May 6, 2020

RESPONSE TO THE SECRETARY'S NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION TO DISMISS-- to 63 Notice (Other) by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Howton, Skyler) (Entered: 05/06/2020)

Clearinghouse
69 June 17, 2020

NOTICE of Supplemental Authority re 36 Response in Opposition to 33 Motion to Dismiss, by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party (Attachments: # 1 Exhibit A - Memorandum Opinion and Order)(Geise, John) Modified on 6/17/2020 to create docket entry relationship. (jv2). Modified on 6/17/2020 (jv2). (Entered: 06/17/2020)

1 Exhibit A - Memorandum Opinion and Order

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RECAP
70 June 22, 2020

Opposed MOTION TO PROCEED WITH TRIAL VIA VIDEO CONFERENCE-- by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Attachments: # 1 Proposed Order)(Howton, Skyler) (Entered: 06/22/2020)

1 Proposed Order

View on PACER

RECAP
71 June 25, 2020

RESPONSE to Plaintiffs' Notice of Supplemental Authority to 69 Notice (Other), by Ruth Hughs. (Sweeten, Patrick) (Entered: 06/25/2020)

RECAP
72 June 26, 2020

NOTICE of Supplemental Authority in Support of 33 Motion to Dismiss by Ruth Hughs (Attachments: # 1 Exhibit A)(Sweeten, Patrick) Modified on 6/26/2020 to create docket entry relationship (jv2). (Entered: 06/26/2020)

RECAP
73 June 29, 2020

RESPONSE to Motion, filed by Ruth Hughs, re 70 Opposed MOTION TO PROCEED WITH TRIAL VIA VIDEO CONFERENCE-- filed by Plaintiff DSCC, Plaintiff Texas Democratic Party, Plaintiff DCCC, Plaintiff DNC Services Corp., Plaintiff Rachel Miller (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Sweeten, Patrick) (Entered: 06/29/2020)

RECAP
74 June 29, 2020

RESPONSE to 72 Notice (Other) by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Geise, John) (Entered: 06/29/2020)

RECAP
75 July 1, 2020

RESPONSE in Support, filed by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party, re 70 Opposed MOTION TO PROCEED WITH TRIAL VIA VIDEO CONFERENCE-- filed by Plaintiff DSCC, Plaintiff Texas Democratic Party, Plaintiff DCCC, Plaintiff DNC Services Corp., Plaintiff Rachel Miller (Attachments: # 1 Exhibit A - Hearing Transcript, # 2 Exhibit B - Excerpts from DeBeauvoir Deposition, # 3 Exhibit C - Excerpts from Ingram Deposition)(Geise, John) (Entered: 07/01/2020)

RECAP
76 July 10, 2020

ORDER GRANTING 33 The Texas Secretary of State's Motion to Dismiss; DISMISSING Plaintiffs' Complaint for Declaratory and Injunctive Relief; and DISMISSING 70 Motion Plaintiffs' Opposed Motion to Proceed with Trial Via Video Conference. Signed by Judge Lee Yeakel. (jv2) (Entered: 07/10/2020)

Clearinghouse
77 July 10, 2020

FINAL JUDGMENT. Signed by Judge Lee Yeakel. (jv2) (Entered: 07/10/2020)

Clearinghouse
78 Aug. 7, 2020

Opposed MOTION for Reconsideration re 76 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief, by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Geise, John) (Entered: 08/07/2020)

Clearinghouse
79 Aug. 7, 2020

ATTACHMENT Proposed Order to 78 Opposed MOTION for Reconsideration re 76 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief, by DCCC, DNC Services Corp., DSCC, Rachel Miller, Texas Democratic Party. (Geise, John) (Entered: 08/07/2020)

RECAP
80 Aug. 14, 2020

Response in Opposition to Motion, filed by Ruth Hughs, re 78 Opposed MOTION for Reconsideration re 76 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief, filed by Plaintiff DSCC, Plaintiff Texas Democratic Party, Plaintiff DCCC, Plaintiff DNC Services Corp., Plaintiff Rachel Miller (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 08/14/2020)

1 Proposed Order

View on PACER

RECAP
81 Aug. 19, 2020

ORDER DENYING 78 Plaintiffs' Opposed Motion for Reconsideration. Signed by Judge Lee Yeakel. (jv2) (Entered: 08/19/2020)

Clearinghouse
82 Sept. 30, 2020

Transcript filed of Proceedings held on March 17, 2020, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/21/2020, Redacted Transcript Deadline set for 11/2/2020, Release of Transcript Restriction set for 12/29/2020, (alr) (Entered: 09/30/2020)

Clearinghouse
83 Sept. 30, 2020

Transcript filed of Proceedings held on March 25, 2020, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/21/2020, Redacted Transcript Deadline set for 11/2/2020, Release of Transcript Restriction set for 12/29/2020, (alr) (Entered: 09/30/2020)

Clearinghouse
84 Sept. 30, 2020

Transcript filed of Proceedings held on April 6, 2020, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/21/2020, Redacted Transcript Deadline set for 11/2/2020, Release of Transcript Restriction set for 12/29/2020, (alr) (Entered: 09/30/2020)

Clearinghouse

Case Details

State / Territory:

Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 1, 2019

Closing Date: July 10, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A registered Texas voter, the Texas Democratic Party, and three national Democratic committees.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Texas Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

Western District of Texas 1:19-cv-01071

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Vote dilution

Voting: General & Misc.

Recommended Citation