Gilby

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Last Updated: August 28, 2020 at 8:44 PM

Gilby v. Hughs

Case Information

Date Filed: October 30, 2019
State: Texas
Issues: Early Voting, Improper Election Administration
Current Court: U.S. District Court District for the Western District of Texas (Case 1:19-cv-01063)

Issue:

Plaintiffs challenge HB 1888, which they argue effectively bans temporary or "mobile" early voting sites by requiring that every early voting location operate for eight hours each weekday and stay open for the same number of weekdays as the main early voting location in the county. Plaintiffs argue that this is a violation of the First, Fourteenth, and Twenty-Sixth Amendments.

Status:

Motion to Dismiss Granted in Part, Denied in Part filed 8/11/20. Texas Secretary of State's Notice of Appeal filed 8/14/20.

U.S. District Court for the Western District of Texas

(10/30/19)

Civil Cover Sheet

(10/30/19)

First Amended Complaint Against Ruth Hughs

(11/26/19)

Motion To Dismiss By Ruth Hughs

(12/10/19)

Unopposed Motion To Consolidate Cases By Ruth Hughs

(12/18/19)

Response By Plaintiffs In Opposition To Motion To Dismiss

(12/24/19)

Appendix To Response In Opposition To Motion To Dismiss

(12/24/19)

Declaration Of J. Geise

(12/24/19)

Exhibit A-Texas Tribune Article

(12/24/19)

Exhibit B-Declaration of D. DeBeauvoir

(12/24/19)

Exhibit C-Election Advisory No. 2019-20

(12/24/19)

Exhibit D-Williamson Co. 2020 EV Schedule

(12/24/19)

Order Granting Defendant's Unopposed Motion To Consolidate

(12/30/19)

Defendat's Reply To Response To Motion To Dismiss

(12/31/19)

Response In Opposition To Motion To Dismiss, Filed By Terrell Blodgett, Texas College Democrats, Texas Young Democrats

(12/31/19)

(12/31/19)

Reply To Response To Motion, Filed By Ruth Hughs, re Motion To Dismiss

(1/7/20)

Motion To Compel By Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas Democratic Party

(3/2/20)

(3/2/20)

Appendix To MOTION To Compel

(3/2/20)

Exhibit 1 - Declaration Of Alexi Velez

(3/2/20)

Exhibit A - Responses

(3/2/20)

Exhibit B - Privilege Log Produced On Behalf Of State Senator Paul Bettencourt

(3/2/20)

Exhibit C - Privilege Log Produced On Behalf Of State Representative Greg Bonnen

(3/2/20)

Exhibit D - Privilege Log Produced On Behalf Of State Representative Patrick Fallon

(3/2/20)

Exhibit E - Privilege Log Produced On Behalf Of State Senator Joan Huffman

(3/2/20)

Exhibit F - Privilege Log Produced On Behalf Of State Representative Drew Springer

(3/2/20)

Exhibit G - Privilege Log Produced On Behalf Of State Representative Candy Noble

(3/2/20)

Exhibit H -Privilege Log Produced On Behalf Of State Representative Valoree Swanson

(3/2/20)

Exhibit I - February 28, 2020 Letter And Production

(3/2/20)

Exhibit J - Summary Exhibit

(3/2/20)

Response To Motion To Compel, Filed By Third-Party Legislators

(3/9/20)

(3/9/20)

(3/9/20)

Reply In Support Of Motion To Compell by Plaintiff Emily Gilby, Plaintiff Democratic Senatorial Campaign Committee, Plaintiff Texas Democratic Party, Plaintiff Democratic Congressional Campaign Committee

(3/16/20)

Notice Of Voluntary Dismissal By Texas College Democrats, Texas Young Democrats

(4/8/20)

(4/8/20)

Order Dismissing Without Prejudice Plaintiffs Texas Young Democrats And Texas College Democrats

(4/9/20)

Opposed Motion To Abstain Or Postpone By Ruth Hughs

(4/17/20)

(4/17/20)

Statement Of Issues Regarding Unresolved Legislative Privilege Issue By Terrell Blodgett, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas College Democrats

(4/17/20)

Response To Motion, Filed By Terrell Blodgett, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas Democratic Party

(4/24/20)

Exhibit A-State Court Order

(4/24/20)

Reply To Response To Motion Abstain Or Postpone

(5/1/20)

Joint Motion For Entry Of Confidentiality And Protective Order By Ruth Hughs

(5/6/20)

(5/6/20)

Confidentiality And Protective Order

(5/7/20)

Order Denying The Texas Secretary Of State's Opposed Motion To Abstain Or Postpone

(5/26/20)

Motion To Compel By Terrell Blodgett, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas College Democrats, Texas Democratic Party, Texas Young Democrats

(6/8/20)

(6/8/20)

Appendix To Motion To Compel By Terrell Blodgett, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas College Democrats, Texas Democratic Party, Texas Young Democrats

(6/8/20)

Response To Motion, Filed By Ruth Hughs, re Motion To Compel Filed By Plaintiff Emily Gilby, Consol Plaintiff Terrell Blodgett, Plaintiff Democratic Senatorial Campaign Committee, Consol Plaintiff Texas Young Democrats, Plaintiff Texas Democratic Party, Consol Plaintiff Texas College Democrats, Plaintiff Democratic Congressional Campaign Committee

(6/12/20)

(6/12/20)

(6/12/20)

Reply In Support Of Motion To Compel Filed By Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas Democratic Party

(6/19/20)

Opposed Motion For Reconsideration re Order On Motion To Compel By Ruth Hughs

(7/17/20)

(7/17/20)

(7/17/20)

(7/17/20)

Response In Opposition To Motion, Filed By Terrell Blodgett, Democratic Congressional Campaign Committee, Democratic Senatorial Campaign Committee, Emily Gilby, Texas College Democrats, Texas Democratic Party, Texas Young Democrats, re Opposed Motion For Reconsideration

(7/20/20)

(7/20/20)

(7/20/20)

Plaintiffs' Opposed Application for a Preliminary Injunction and Motion to Consolidate Preliminary Injunction Hearing with Trial on the Merits

(8/10/20)

Order Granting Plaintiffs' Motion for Leave to File Unredacted Application for Preliminary Injunction or, in the Alternative, Motion to Seal

(8/10/20)

Order on Motion to Dismiss

(8/11/20)

The Texas Secretary of State's Notice of Appeal

(8/14/20)

Plaintiffs' Response to Defendant's "Advisory" Regarding Interlocutory Appeal and Request for Order Confirming This Court's Continuing Jurisdiction

(8/18/20)

Secretary Hughs's Response to Plaintiffs' Filing Regarding Interlocutory Appeal

(8/19/20)

Commentary

Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

more commentary...

In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said.

more EL@M in the news...

Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

more info & analysis...

Major Pending Cases

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