Case: Arizona Libertarian Party v. Reagan

2:16-cv-01019 | U.S. District Court for the District of Arizona

Filed Date: April 12, 2016

Closed Date: Dec. 30, 2019

Clearinghouse coding complete

Case Summary

This case involved allegations that an amendment to two provisions of Arizona law (the “Amended Arizona Laws”), which established the requirements that political parties must meet to place their candidates on Arizona’s primary election ballot, were unconstitutional. The Arizona Libertarian Party and the party’s chairman and a candidate for public office (together, the “Plaintiffs”) filed suit in the U.S. District Court for the District of Arizona on April 12, 2016, against the Arizona Secretary…

This case involved allegations that an amendment to two provisions of Arizona law (the “Amended Arizona Laws”), which established the requirements that political parties must meet to place their candidates on Arizona’s primary election ballot, were unconstitutional.

The Arizona Libertarian Party and the party’s chairman and a candidate for public office (together, the “Plaintiffs”) filed suit in the U.S. District Court for the District of Arizona on April 12, 2016, against the Arizona Secretary of State (the “Defendant”). The Plaintiffs filed an Amended Complaint on September 30, 2016, with additional factual allegations. The Plaintiffs were represented by the Center for Competitive Democracy. The Plaintiffs cited the First and Fourteenth Amendments and argued that the Amended Arizona Laws, which regulated voting and election standards, violated their freedom of association and equal protection of the laws. The case was assigned to District Judge David G. Campbell.

The Amended Arizona Laws required primary candidates to submit a minimum number of signatures from individuals to get on the ballot. Effective July 3, 2015, candidates for certain offices needed to obtain an increased number of signatures to get on the primary ballot. The increased number of necessary signatures was significant for the Plaintiffs. For example, District 11 only needed 25 votes prior to the Amended Arizona Laws, and required 220 signatures post-amendment (representing 26.12% of the Plaintiff’s voters in the district). The Plaintiffs argued that the Amended Arizona Laws were unconstitutional because they required signatures or write in votes from more than 5% of voters, when the percentage was calculated on the basis of persons permitted to vote in their closed primary. The Plaintiffs sought declaratory relief and a permanent injunction.

The Plaintiffs filed a motion for a temporary restraining order on May 12, 2016. They sought to have the Court require that the Defendant place their candidates on the primary election ballot, if they submitted the requisite signatures under the Arizona law provisions that existed before the July 3, 2015 amendment. A hearing on the Plaintiff’s motion for a temporary restraining order was held on May 24, 2016. The court denied the Plaintiff’s motion for a temporary restraining order on May 27, 2016, reasoning that the Plaintiff unreasonably delayed seeking preliminary relief by waiting to file for the emergency TRO until only three weeks remained before the deadline to submit signatures.

The Plaintiff filed a motion for preliminary injunction on June 4, 2016. They sought to have the Court enjoin the application of the Amended Arizona Laws to write in candidates in the 2016 election – to have the Defendant place write in candidates on the general ballot if they obtained the number of write in votes required under the prior versions of the Arizona law provisions. A hearing on the Plaintiff’s motion for a temporary restraining order was held on July 12, 2016. The court denied the Plaintiff’s motion for a preliminary injunction on July 20, 2016, reasoning that the Plaintiffs had not demonstrated a likelihood of success son the merits.

The Plaintiffs filed a motion for summary judgment on April 1, 2017. The Defendant filed a cross motion for summary judgment on April 18, 2017. The court held an oral argument on June 28, 2017. The Court denied the Plaintiff’s motion for summary judgment and granted the Defendant’s motion for summary judgment on July 7, 2017. The Court questioned the Plaintiff’s calculation of the burden imposed by the Amended Arizona Laws. The Court reasoned that when actual numbers were considered, the ballot qualification requirements for the Plaintiff’s candidates are well below constitutionally permissible requirements and lower than those imposed on other candidates in Arizona. Further, the Court reasoned that support for a party is distinct from support for a candidate, and that states have a legitimate interest in ensuring that candidates, not just parties, have a significant modicum of support. While the Plaintiff’s argued that the threshold of required votes in this case far surpasses what was upheld in various Supreme Court cases, the Court reasoned that the cases cited by the Plaintiffs only address qualification requirements for general election ballots (and not closed primaries). When the Court reviewed the numbers to account for this difference, the Amended Arizona Laws required signatories far below the threshold upheld by the Supreme Court. The Court reasoned that the Amended Arizona Laws should be analyzed by looking to the percentage of qualified signatories for the general electorate, and not by focusing solely on the number of voters in the Plaintiff’s closed primary. Further, the Court concluded that when looking at the Amended Arizona Laws are a whole, there was no severe burden imposed on the Plaintiff’s right to freedom of association. The Court held that Arizona’s legitimate interest in requiring a significant modicum of support before appearance on the general election ballot, against the reasonable and nondiscriminatory burdens imposed by the Amended Arizona Laws, are constitutional.

The Plaintiff filed a notice of appeal to the 9th Circuit Court of Appeals on July 21, 2017. On July 19, 2019, 9th Circuit Court affirmed the district court decision.

The Supreme Court of the United Stated denied the Plaintiff’s petition for writ of certiorari on June 15, 2020.

Summary Authors

LFAA (8/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4134468/parties/arizona-libertarian-party-v-reagan/

Judge(s)

Campbell, David G. (Arizona)

Attorney for Plaintiff

Hall, Oliver B (Arizona)

Attorney for Defendant

Driscoll-MacEachron, James P (Arizona)

Hartman-Tellez, Karen J (Arizona)

Karlson, Kara (Arizona)

Documents in the Clearinghouse
1

2:16-cv-01019

Complaint

Arizona Libertarian Par v. Reagan

April 12, 2016

April 12, 2016

Complaint
17

2:16-cv-01019

Order Denying Plaintiffs' Emergency Motion for TRO and Preliminary Injunction

Arizona Libertarian Par v. Reagan

May 27, 2016

May 27, 2016

Order/Opinion

189 F.Supp.3d 920

34

2:16-cv-01019

Order Denying Plaintiffs' Motion for a Preliminary Injunction

Arizona Libertarian Par v. Reagan

July 20, 2016

July 20, 2016

Order/Opinion

2016 WL 3916211

78

2:16-cv-01019

Order Denying Motion for Summary Judgment and Granting Cross-Motion for Summary Judgment

Arizona Libertarian Par v. Reagan

July 10, 2017

July 10, 2017

Order/Opinion

2017 WL 2929459

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4134468/arizona-libertarian-party-v-reagan/

Last updated April 9, 2026, 5:06 a.m.

ECF Number Date Description Link
1 April 12, 2016

COMPLAINT. Filing fee received: $ 400.00, receipt number PHX170702 filed by Arizona Libertarian Party, Michael Kielsky.(Submitted by Oliver Hall) (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(EJA) (Entered: 04/13/2016)

1 Civil Cover Sheet

View on RECAP

2 Envelope

View on PACER

Clearinghouse
2 April 12, 2016

SUMMONS Submitted by Arizona Libertarian Party, Michael Kielsky.(Submitted by Oliver Hall) (EJA) (Entered: 04/13/2016)

RECAP
3 April 12, 2016

Filing fee paid, receipt number PHX170702. This case has been assigned to the Honorable David G Campbell. All future pleadings or documents should bear the correct case number: CV-16-01019-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (EJA) (Entered: 04/13/2016)

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4 April 13, 2016

Summons Issued as to Michele Reagan. (EJA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/13/2016)

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5 April 13, 2016

ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge David G Campbell on 4/13/2016. (DGC, nvo) (Entered: 04/13/2016)

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6 April 18, 2016

MOTION for Admission Pro Hac Vice as to attorney Oliver B Hall on behalf of Arizona Libertarian Party and Michael Kielsky. (BAS) (Entered: 04/19/2016)

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7 April 19, 2016

ORDER pursuant to General Order 09-08 granting 6 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 04/19/2016)

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April 19, 2016

Pro Hac Vice Fee Paid

April 19, 2016

PRO HAC VICE FEE PAID. $ 35, receipt number PHX170836 as to Oliver B Hall. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

April 29, 2016

NOTICE of request for e-notices by James Driscoll-MacEachron. (Driscoll-MacEachron, James)

April 29, 2016

NOTICE of request for e-notices by Paula Bickett. (Bickett, Paula)

April 29, 2016

Notice of Request for E-Notices

April 29, 2016

NOTICE of request for e-notices by Kara Karlson. (Karlson, Kara)

8 May 5, 2016

NOTICE re: Service of Court Order Upon Defendant by Arizona Libertarian Party, Michael Kielsky . (Hall, Oliver) (Entered: 05/05/2016)

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9 May 9, 2016

NOTICE of Appearance by Kara Karlson on behalf of Michele Reagan. (Karlson, Kara) (Entered: 05/09/2016)

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10 May 12, 2016

*Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver). *Added MOTION for Preliminary Injunction on 5/13/2016 (KGM). (Entered: 05/12/2016)

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11 May 13, 2016

ORDER. The Court will hold a hearing on Plaintiff's motion for a TRO on May 24, 2016, at 1:00 p.m. The Court will allow 30 minutes per side for argument. Defendant shall file a response to the TRO motion by the close of business on May 18, 2016. Plaintiff shall file a reply by the close of business on May 20, 2016. Signed by Judge David G Campbell on 5-13-16. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) (Entered: 05/13/2016)

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12 May 18, 2016

RESPONSE in Opposition re: 10 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Michele Reagan. (Attachments: # 1 Exhibit Declaration of Spencer, # 2 Exhibit Order)(Driscoll-MacEachron, James) (Entered: 05/18/2016)

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13 May 19, 2016

NOTICE of Errata re: 12 Response in Opposition to Motion by Defendant Michele Reagan.. (Driscoll-MacEachron, James) (Entered: 05/19/2016)

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14 May 20, 2016

REPLY to Response to Motion re: 10 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 05/20/2016)

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15 May 23, 2016

SERVICE EXECUTED filed by Arizona Libertarian Party, Michael Kielsky: Rule 4 Waiver of Service of Summons. Waiver sent on 5-2-2016 to Michele Reagan . (Hall, Oliver) (Entered: 05/23/2016)

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16 May 24, 2016

MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 5/24/2016. ORDERED taking under advisement 10 Motion for TRO; taking under advisement 10 Motion for Preliminary Injunction. Court will issue an order. APPEARANCES: Oliver Hall for Plaintiffs. James Driscoll-MacEachron and Kara Karlson for Defendant (Court Reporter Patricia Lyons.) Hearing held 12:59 PM to 2:27 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 05/24/2016)

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17 May 27, 2016

ORDER denying 10 Motion for TRO; denying 10 Motion for Preliminary Injunction. On or before 6/10/2016, the parties shall jointly file a memorandum setting forth their views of how the remainder of the case should proceed. Signed by Judge David G Campbell on 5/27/2016.(DGC, nvo) (Entered: 05/27/2016)

Clearinghouse
18 June 4, 2016

MOTION for Preliminary Injunction by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 06/04/2016)

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19 June 9, 2016

MOTION Clarification re: 18 MOTION for Preliminary Injunction by Michele Reagan. (Driscoll-MacEachron, James) (Entered: 06/09/2016)

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20 June 10, 2016

RESPONSE in Opposition re: 19 MOTION Clarification re: 18 MOTION for Preliminary Injunction filed by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 06/10/2016)

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21 June 10, 2016

SERVICE EXECUTED filed by Arizona Libertarian Party, Michael Kielsky: Rule 4 Waiver of Service of Summons. Waiver sent on May 2, 2016 to Michele Reagan . (Hall, Oliver) (Entered: 06/10/2016)

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22 June 10, 2016

ORDER, Hearing set as to 18 MOTION for Preliminary Injunction: Motion Hearing set for 8/5/2016 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Each side will be permitted 30 minutes of argument before the Court. Signed by Judge David G Campbell on 6/10/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 06/10/2016)

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23 June 10, 2016

MEMORANDUM (Joint) re the Parties' Views by Defendant Michele Reagan. (Driscoll-MacEachron, James) (Entered: 06/10/2016)

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24 June 10, 2016

ORDER granting 19 Motion for Clarification. The Court does not view Plaintiff's motion for a preliminary injunction as a motion for reconsideration. Signed by Judge David G Campbell on 6-10-16. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) (Entered: 06/10/2016)

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25 June 14, 2016

ORDER. Rule 16 Case Management Conference set for 8/5/2016 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. To be held immediately after motion hearing on same day and time. Signed by Judge David G Campbell on 6/14/2016. (DGC, nvo) (Entered: 06/14/2016)

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26 June 21, 2016

RESPONSE to Motion re: 18 MOTION for Preliminary Injunction filed by Michele Reagan. (Driscoll-MacEachron, James) (Entered: 06/21/2016)

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27 June 29, 2016

ORDER re: 22 Order, Set Motion Hearing, 25 Order, Set/Reset Hearings, Set/Reset Deadlines/Hearing as to 22 Order, Set Motion Hearing, 25 Order, Set/Reset Hearings, 18 MOTION for Preliminary Injunction:Motion Hearing set for 8/5/2016 at 2:00 PM is VACATED and RESET to 7/12/2016 at 10:30 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Rule 16 Case Management Conference set for 8/5/2016 at 2:00 PM is VACATED and RESET to 7/12/2016 at 10:30 AM. in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 6/29/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 06/29/2016)

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28 July 1, 2016

REPLY to Response to Motion re: 18 MOTION for Preliminary Injunction filed by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 07/01/2016)

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29 July 1, 2016

ANSWER to 1 Complaint by Michele Reagan.(Driscoll-MacEachron, James) (Entered: 07/01/2016)

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30 July 8, 2016

REPORT of Rule 26(f) Planning Meeting by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 07/08/2016)

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31 July 11, 2016

NOTICE re: Supplemental Authority by Arizona Libertarian Party, Michael Kielsky re: 29 Answer to Complaint, 1 Complaint . (Hall, Oliver) (Entered: 07/11/2016)

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32 July 12, 2016

MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 7/12/2016. ORDERED taking under advisement 18 Motion for Preliminary Injunction. Scheduling Conference held on 7/12/2016. Deadlines discussed. Court will enter a case management order. APPEARANCES: Oliver Hall for Plaintiffs. James Driscoll-MacEachron for Defendant (Court Reporter Patricia Lyons.) Hearing held 10:30 AM to 12:11 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 07/12/2016)

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33 July 13, 2016

CASE MANAGEMENT ORDER: Discovery due by 1/27/2017. Dispositive motions due by 2/10/2017. Motion Hearing set for 4/21/2017 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell.Signed by Judge David G Campbell on 7/12/2016. (TCA) (Entered: 07/13/2016)

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34 July 20, 2016

ORDER denying 18 Motion for Preliminary Injunction. Signed by Judge David G Campbell on 7/20/2016.(DGC, nvo) (Entered: 07/20/2016)

Clearinghouse
35 July 26, 2016

NOTICE of Service of Discovery filed by Michele Reagan. (Driscoll-MacEachron, James) (Entered: 07/26/2016)

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36 July 27, 2016

NOTICE of Service of Discovery filed by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 07/27/2016)

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37 Sept. 8, 2016

ORDER. At the request of al counsel, the deadline for filing an amended complaint is extended to 9/16/2016. Signed by Judge David G Campbell on 9/8/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 09/08/2016)

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38 Sept. 16, 2016

MOTION to Amend/Correct 1 Complaint by Arizona Libertarian Party, Michael Kielsky. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Amended Complaint Ex. A, # 3 Exhibit Amended Complaint Ex. B, # 4 Exhibit Amended Complaint Ex. C, # 5 Exhibit Amended Complaint Ex. D, # 6 Exhibit Amended Complaint Ex. E, # 7 Exhibit Amended Complaint Ex. F)(Hall, Oliver) (Entered: 09/16/2016)

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39 Sept. 19, 2016

NOTICE of Attorney Withdrawal James Driscoll-MacEachron filed by Kara Karlson. (Karlson, Kara) (Entered: 09/19/2016)

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40 Sept. 21, 2016

*Response to Motion/ NOTICE of No Objection to Motion by Michele Reagan re: 38 MOTION to Amend/Correct 1 Complaint . (Karlson, Kara) *Modified to correct event on 9/22/2016 (REK). (Entered: 09/21/2016)

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41 Sept. 26, 2016

ORDER granting 38 Motion to Amend/Correct. Plaintiffs' amended complaint shall be filed on or before 9/30/2016. Signed by Judge David G Campbell on 9/26/2016.(DGC, nvo) (Entered: 09/26/2016)

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42 Sept. 30, 2016

AMENDED COMPLAINT against Michele Reagan filed by Arizona Libertarian Party, Michael Kielsky. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hall, Oliver) (Entered: 09/30/2016)

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43 Oct. 13, 2016

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Michele Reagan. (Attachments: # 1 Text of Proposed Order Order for time)(Karlson, Kara) (Entered: 10/13/2016)

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44 Oct. 13, 2016

ORDER pursuant to 43 Stipulation For Extension of Time To Answer Amended Complaint: All Defendants shall file their answer or other response to the amended complaint on or before 10/21/2016. The parties do not state good cause in their stipulation for this extension. In the future, the parties shall state good cause for any requested extension in this matter. Signed by Judge David G Campbell on 10/13/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 10/13/2016)

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45 Oct. 20, 2016

ANSWER to 42 Amended Complaint by Michele Reagan.(Karlson, Kara) (Entered: 10/20/2016)

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46 Oct. 21, 2016

REPORT of Expert Witnesses by Plaintiffs Arizona Libertarian Party, Michael Kielsky. (Attachments: # 1 Exhibit Report of Richard Winger, # 2 Exhibit Report of William Redpath, # 3 Exhibit Report of Wesley Benedict, # 4 Exhibit Report of Carla Howell)(Hall, Oliver) (Entered: 10/21/2016)

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47 Nov. 23, 2016

NOTICE of Appearance by Joseph Eugene LaRue on behalf of Michele Reagan. (LaRue, Joseph) (Entered: 11/23/2016)

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48 Nov. 23, 2016

NOTICE re: Expert Witnesses by Michele Reagan . (Attachments: # 1 Exhibit Expert Report of Dr. Michael P. McDonald, # 2 Exhibit Expert Report of Chad Heywood)(LaRue, Joseph) (Entered: 11/23/2016)

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49 Dec. 12, 2016

NOTICE of Service of Discovery filed by Michele Reagan. (LaRue, Joseph) (Entered: 12/12/2016)

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50 Dec. 13, 2016

REPORT of Settlement Talks/Discussions Joint Report of Plaintiffs and Defendant by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 12/13/2016)

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51 Dec. 15, 2016

NOTICE of Service of Discovery filed by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 12/15/2016)

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52 Dec. 22, 2016

NOTICE re: Expert Witness Rebuttal Report by Arizona Libertarian Party, Michael Kielsky re: 48 Notice (Other) . (Attachments: # 1 Exhibit Rebuttal Report of Richard Winger)(Hall, Oliver) (Entered: 12/22/2016)

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53 Jan. 3, 2017

NOTICE of Errata re: 52 Notice (Other) of Appendices to Rebuttal Expert Report of Richard Winger by Plaintiffs Arizona Libertarian Party, Michael Kielsky.. (Hall, Oliver) (Entered: 01/03/2017)

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54 Jan. 12, 2017

*STIPULATION to Amend 33 Case Management Order by Michele Reagan. (Attachments: # 1 Text of Proposed Order Case Management Order)(Karlson, Kara) *Modified to add linkage on 1/13/2017 (DXD). (Entered: 01/12/2017)

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55 Jan. 13, 2017

ORDER pursuant to 54 Stipulation: Discovery due by 3/17/2017. Dispositive motions due by 3/24/2017. In-Court Hearing set for 5/26/2017 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 1/13/2017. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 01/13/2017)

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56 Jan. 13, 2017

AMENDED CASE MANAGEMENT ORDER re: 55 Order on Stipulation. Signed by Judge David G Campbell on 1/13/2017. (DGC, nvo) (Entered: 01/13/2017)

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57 Feb. 24, 2017

ORDER. Telephonic Conference re letters submitted for Motions for Summary Judgment set for 3/3/2017 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall coordinate a conference call to include counsel for all parties and the Court. Signed by Judge David G Campbell on 2/24/2017. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 02/24/2017)

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58 Feb. 24, 2017

NOTICE re: Filing Letter by Michele Reagan re: 56 Order . (Attachments: # 1 Exhibit Letter)(Karlson, Kara) (Entered: 02/24/2017)

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59 Feb. 24, 2017

NOTICE re: Letter Served by Arizona Libertarian Party, Michael Kielsky . (Attachments: # 1 Exhibit Letter)(Hall, Oliver) (Entered: 02/24/2017)

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60 March 3, 2017

MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Conference re: Filing of motions summary judgment held on 3/3/2017. Motion Hearing is set for 6/28/2017 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. (Court Reporter Patricia Lyons.) Hearing held 2:05 PM to 2:17 PM.(TCA) (Entered: 03/03/2017)

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61 March 16, 2017

Joint MOTION for Extension of Time Deadlines by Michele Reagan. (Attachments: # 1 Text of Proposed Order Order)(LaRue, Joseph) (Entered: 03/16/2017)

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62 March 21, 2017

ORDER granting 61 Motion for Extension of Time Deadline. Dispositive motions due by 3/31/2017. Hearing on motions for summary judgment shall be held on 6/28/2017 at 3:00 PM. 1.5 hours will be set aside for the hearing. Each side shall be allotted 45 minutes for their presentations. The parties are advised that the Court will not be inclined to grant additional extensions absent truly extraordinary circumstances. Signed by Judge David G Campbell on 3/21/2017.(DGC, nvo) (Entered: 03/21/2017)

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63 April 1, 2017

MOTION for Summary Judgment by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 04/01/2017)

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64 April 1, 2017

STATEMENT OF FACTS re: 63 MOTION for Summary Judgment by Plaintiffs Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 04/01/2017)

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65 April 1, 2017

*ENTERED IN ERROR: (Doc. 63 ) opens up at page 22. Must scroll up to the first page to get Motion for Summary Judgment. NOTICE TO FILER OF DEFICIENCY re: 63 MOTION for Summary Judgment filed by Michael Kielsky, Arizona Libertarian Party. Incorrect PDF attached. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) Modified on 4/3/2017 (EJA). (Entered: 04/03/2017)

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66 April 19, 2017

MOTION to Strike 64 Statement of Facts, 63 MOTION for Summary Judgment New Declarations and Hearsay Evidence by Michele Reagan. (Attachments: # 1 Text of Proposed Order Order)(LaRue, Joseph) (Entered: 04/19/2017)

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67 April 19, 2017

DECLARATION of Joseph E. La Rue re: 66 MOTION to Strike 64 Statement of Facts, 63 MOTION for Summary Judgment New Declarations and Hearsay Evidence by Defendant Michele Reagan. (Attachments: # 1 Exhibit 1-6)(LaRue, Joseph) (Entered: 04/19/2017)

1 Exhibit 1-6

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68 April 26, 2017

ORDER denying 66 Motion to Strike. Due to recent travel connected with the federal rules committees, the Court did not see this motion until last night, on an airplane. Defendant's response to Plaintiffs' motion for summary judgment is due in two days, and the Court has no time to obtain a response from Plaintiffs or to address these issues in the meantime. The Court will not extend the briefing schedule in this case. The motion therefore is denied, and Defendant should address the permissibility of Plaintiffs' evidence in its summary judgment briefing. Signed by Judge David G Campbell on 4-26-17. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) (Entered: 04/26/2017)

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69 April 28, 2017

*Cross-MOTION for Summary Judgment, RESPONSE to Motion re: 63 MOTION for Summary Judgment filed by Michele Reagan. (LaRue, Joseph) *Modified to add motion on 5/1/2017 (DXD). (Entered: 04/28/2017)

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70 April 28, 2017

STATEMENT OF FACTS re: 64 Statement of Facts, 69 Cross-MOTION for Summary Judgment by Defendant Michele Reagan. (Attachments: # 1 Exhibit 1, Kielsky Resp. to Interrogatories, # 2 Exhibit 2, Kielsky Depo., # 3 Exhibit 3, 30(b)(6) Depo. of AZLP)(LaRue, Joseph) *Modified linkage on 5/1/2017 (DXD). (Entered: 04/28/2017)

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71 May 26, 2017

RESPONSE in Opposition re: 69 MOTION for Summary Judgment, RESPONSE to Motion re: 69 MOTION for Summary Judgment filed by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) (Entered: 05/26/2017)

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72 May 30, 2017

*NOTICE of Service by Arizona Libertarian Party, Michael Kielsky re: 71 Response in Opposition to Motion, Response to Motion for Summary Judgment . (Attachments: # 1 Exhibit First Declaration of Oliver B. Hall, # 2 Exhibit Counterstatement of Facts)(Hall, Oliver) *Modified text for clarification on 5/31/2017 (ATD). (Entered: 05/30/2017)

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73 June 9, 2017

REPLY to Response to Motion re: 69 MOTION for Summary Judgment filed by Michele Reagan. (LaRue, Joseph) (Entered: 06/09/2017)

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74 June 9, 2017

DECLARATION of Joseph E. La Rue re: 73 Reply to Response to Motion by Defendant Michele Reagan. (Attachments: # 1 Exhibit Discovery Responses, # 2 Exhibit Email)(LaRue, Joseph) (Entered: 06/09/2017)

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75 June 28, 2017

MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 6/28/2017. ORDERED taking under advisement 63 Motion for Summary Judgment; taking under advisement 69 Motion for Summary Judgment. Court will issue an order. APPEARANCES: Oliver Hall for Plaintiffs. Joseph LaRue and Kara Karlson for Defendants (Court Reporter Patricia Lyons.) Hearing held 2:57 PM to 4:40 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 06/29/2017)

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76 July 5, 2017

NOTICE re: Supplemental Authority by Arizona Libertarian Party, Michael Kielsky re: 63 MOTION for Summary Judgment . (Hall, Oliver) (Entered: 07/05/2017)

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77 July 5, 2017

*RESPONSE re: 76 Notice re: Supplemental Authority by Michele Reagan. (LaRue, Joseph) *Modified to correct event on 7/6/2017 (DXD). (Entered: 07/05/2017)

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78 July 10, 2017

ORDER denying 63 Motion for Summary Judgment; granting 69 Cross-Motion for Summary Judgment. The Clerk shall enter judgment in accordance with this order and terminate this matter. Signed by Judge David G Campbell on 7/7/17.(DXD) (Entered: 07/10/2017)

Clearinghouse
79 July 10, 2017

CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that, pursuant to the Court's Order filed July 10, 2017, which granted the Motion for Summary Judgment, judgment is entered in favor of defendant and against plaintiffs'. Plaintiffs' to take nothing, and the complaint and action are dismissed. (DXD) (Entered: 07/10/2017)

RECAP
80 July 21, 2017

NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 78 Order on Motion for Summary Judgment, 79 Clerks Judgment by Arizona Libertarian Party, Michael Kielsky. (Hall, Oliver) *Appeal fee of $505.00 paid on 07/21/2017. Receipt number 0970-14462500. Modified on 7/24/2017 (KAS). (Entered: 07/21/2017)

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81 July 25, 2017

USCA Case Number re: 80 Notice of Appeal. Case number Ninth Circuit, 17-16491. (Copies sent by Ninth Circuit) (EJA) (Entered: 07/25/2017)

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82 Aug. 21, 2017

TRANSCRIPT REQUEST No Transcript Needed by Arizona Libertarian Party, Michael Kielsky for proceedings held on N/A, Judge David G Campbell hearing judge(s) re: 80 Notice of Appeal. (Hall, Oliver) (Entered: 08/21/2017)

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83 Dec. 5, 2017

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Kara Karlson. (Karlson, Kara) (Entered: 12/05/2017)

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85 July 19, 2019

MANDATE of USCA Affirming re: 17-16491, 80 Notice of Appeal filed by Michael Kielsky, Arizona Libertarian Party. (Attachments: # 1 Opinion, # 2 Order)(EJA) (Entered: 07/19/2019)

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86 Dec. 30, 2019

NOTICE of Attorney Withdrawal Joseph E. La Rue filed by Joseph Eugene LaRue. (LaRue, Joseph) (Entered: 12/30/2019)

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Case Details

State / Territory:

Arizona

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 12, 2016

Closing Date: Dec. 30, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Arizona Libertarian Party and Michael Kielsky (the party’s chairman and a candidate for public office)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Secretary of State (Arizona)

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:

District of Arizona 2:16-cv-01019

U.S. Court of Appeals for the Ninth Circuit 17-16491

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Voting:

Candidate qualifications

Voting: General & Misc.

Recommended Citation