Last Updated: September 9, 2020 at 9:53 PM

Lewis v. Hughs

Case Information

Date Filed: May 21, 2020
State: Texas
Issues: Improper Election Administration, Absentee Ballots
Current Court: U.S. District Court District for the Western District of Texas (Case 5:20-cv-00577)

Issue:

The lawsuit challenges the constitutionality of the following provisions in the context of the current COVID-19 crisis: (1) the requirement that voters pay for the postage to return their early voting ballots by mail; (2) the requirement that returned ballots be postmarked no later than 7:00 p.m. on Election Day and received by the county at the address designated on the ballot carrier envelope no later than 5:00 p.m. on the day after the election to be counted; (3) the requirement that voters must submit two handwriting samples that “match”—a standard determined by election officials— in order to have their early voting ballots counted; and (4) the criminalization of a person assisting a voter in returning a marked mail ballot.

Status:

Order Denying Motion to Dismiss, or Alternatively, for a More Definite Statement filed 7/28/20.

U.S. District Court Documents

Complaint (5/11/20)

Civil Cover Sheet (5/11/20)

Motion To Dismiss By Ruth Hughs (6/3/20)

Plaintiff's Memorandum In Opposition To Motion To Dismiss (6/3/20)

Appendix (6/3/20)

Appendix By Benny Alexander, Madison Lee, Linda Jann Lewis, George Morgan, Ellen Sweets, Texas Alliance For Retired Americans, Texas State Conference Of The National Association For The Advancement of Colored People, Voto Latino (6/22/20)

Ex 1-Declaration Of Aria C. Branch (6/22/20)

Ex A-Expert Report Of Catherine L. Troisi (6/22/20)

Ex B-Texas Case Counts-COVID-19 (6/22/20)

Ex C-Expert Report Of Drs. M. Herron And D. Smith (6/22/20)

Ex D-Drive-Thrus And Free Pencils: Texas Plans For July Elections With In-Person Voting (6/22/20)

Ex E-Recommendations For Election Polling Locations (6/22/20)

Ex F-Quick Facts - Texas, # 8 Ex G-Percent Voting By Age, Gender, Educational Attainment, Race, And Family Income (6/22/20)

Ex G-Percent Voting by Age, Gender, Educational Attainment, Race, and Family Income (6/22/20)

Ex H-NV 2020 Primary Election Turnout (6/22/20)

Ex I-NV 2016 Primary Election Turnout (6/22/20)

Ex J-Early Voting - November 2, 2018 (6/22/20)

Ex K-Declaration of Plaintiff Linda Jan Lewis (6/22/20)

Ex L-Declaration of Plaintiff Madison Lee (6/22/20)

Ex M-Declaration of Maria Teresa Kumar (6/22/20)

Ex N-Declaration of Gary Bledsoe (6/22/20)

Ex O-Declaration of Judy Bryant (6/22/20)

Ex P-Declaration of Plaintiff George Morgan (6/22/20)

Ex Q-King County Prepaid Postage Pilot: Summary (6/22/20)

Ex R-Early Voting by Mail, (6/22/20)

Ex S-These Federal Agencies Have Seen the Most COVID-19 Deaths (6/22/20)

Ex T-Handbook for Election Judges and Clerks 2020 (6/22/20)

Ex U-Declaration of Daryl Jones (6/22/20)

Ex V-Declaration of Barbara Rojas (6/22/20)

Ex W-Expert Report of Dr. Linton A. Mohammed (6/22/20)

Ex X-Declaration of Plaintiff Ellen Sweets (6/22/20)

Ex Y-Declaration of Plaintiff Benny Alexander (6/22/20)

Ex Z-Declaration of Joanna Marie Green (6/22/20)

Ex AA-Declaration of Terrence William Tull (6/22/20)

Ex AB-Declaration of Juanita E. McAdoo (6/22/20)

Ex AC-Declaration of Prentiss Hogan (6/22/20)

Defendants's Reply To Response To Motion, Filed By Ruth Hughs, Texas Secretary Of State, re Motion To Dismiss (6/24/20)

Order Denying Motion To Dismiss, Or Alternatively, For A More Definite Statement (7/28/20)

The Texas Secretary of State's Notice of Appeal (8/7/20)

Secretary Hughs's Advisory Regarding Interlocutory Appeal (8/10/20)

The Texas Secretary of State's Answer and Defenses to Plaintiffs' Complaint for Declaratory and Injunctive Relief (8/11/20)

Plaintiffs' Response to Defendant's Advisory Regarding Interlocutory Appeal and Request for Order Confirming this Court's Continuing Jurisdiction (8/12/20)

Secretary Hughs's Response to Plaintiffs' Filing Regarding Interlocutory Appeal (8/19/20)

Order (8/20/20)

U.S. Court of Appeals for the Fifth Circuit Documents

Order of USCA (9/4/20)