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Last Updated: July 11, 2020 at 10:38 AM

Miller v. Hughs

Case Information

Date Filed: November 1, 2019
State: Texas
Issue: Ballot Design
Courts that Heard this Case: U.S. District Court for the Western District of Texas (Case 1:19-cv-01071-LY)

Issue:

Plaintiffs challenge Texas's law mandating that candidates who share their political party with the last-elected Governor must be listed first in every single partisan race on the general election ballot.

Status:

Final Judgment 7/10/20.

U.S. District Court For The Western District Of Texas Documents

  • Complaint pdf file (11/1/19)
  • Civil Cover Sheet pdf file (11/1/19)
  • Motion For Preliminary Injunction pdf file (11/18/19)
  • Proposed Order pdf file (11/18/19)
  • Appendix To Motion For Preliminary Injunction pdf file (11/18/19)
  • Declaration Of E. Frost pdf file (11/18/19)
  • Declaration Of L. Guinn pdf file (11/18/19)
  • Declaration Of T. Maxey pdf file (11/18/19)
  • Expert Report Of J. Rodden pdf file (11/18/19)
  • Expert Report Of J. Krosnick pdf file (11/18/19)
  • Expert Report Of D. Grant pdf file (11/18/19)
  • Candidate Certification & Ballot Drawing 2016 Primary pdf file (11/18/19)
  • Expert Report Of J. Henson & J. Blank pdf file (11/18/19)
  • Declaration Of J. Barasky pdf file (11/18/19)
  • Declaration Of R. Martin pdf file (11/18/19)
  • Declaration of R. Miller pdf file (11/18/19)
  • Unopposed Motion To Withdraw Motion For Preliminary Injunction pdf file (11/27/19)
  • Proposed Order pdf file (11/27/19)
  • Order Granting Plaintiffs' Motion To Voluntarily Withdraw The Opposed Application For A Preliminary Injunction Without Prejudice pdf file (12/2/19)
  • Motion To Dismiss By Ruth Hughs. pdf file (12/12/19)
  • Response In Opposition To Motion To Dismiss, Filed By Plaintiffs pdf file (12/31/19)
  • Reply To Response To Motion, Filed By Ruth Hughs pdf file (1/10/20)
  • Notice Of Supplemental Authority By Plaintiffs pdf file (1/29/20)
  • Supplement pdf file (1/29/20)
  • Ruth Hugh's Response To Notice Of Supplemental Authority pdf file (2/4/20)
  • Opposed Motion For Protective Order --Plaintiffs' Opposed Motion For A Limited Protective Order pdf file (2/11/20)
  • Response In Opposition To Motion For Protective Order, Filed By Ruth Hughs pdf file (2/18/20)
  • Exhibit A pdf file (2/18/20)
  • Proposed Order pdf file (2/18/20)
  • Reply To Response To Motion For Protective Order, Filed By Plaintiffs pdf file (2/21/20)
  • Order Referring Motion: Plaintiffs' Opposed Motion For A Limited Protective Order pdf file (2/25/20)
  • Notice Of Supplemental Authority In Support Of Response In Opposition To Defendant's Motion To Dismiss By Plaintiffs pdf file (3/18/20)
  • Exhibit A - Memo Opinion And Order pdf file (3/18/20)
  • Order Denying Plaintiffs' Opposed Motion For A Limited Protective Order pdf file (11/01/20)
  • Supplement To Response In Opposition To Motion To Dismiss Filed By Plaintiffs pdf file (4/3/20)
  • Memorandum In Support, Filed By Ruth Hughs, re MOTION To Dismiss pdf file (4/3/20)
  • Notice Of Supplemental Authority By Ruth Hughs re Motion To Dismiss pdf file (5/4/20)
  • Response To The Secretary's Notice Of Supplemental Authority By Ruth Hughs re Motion To Dismiss pdf file (5/6/20)
  • Notice Of Supplemental Authority re Response In Opposition To Motion To Dismiss, By Plaintiffs pdf file (6/17/20)
  • Exhibit A - Memorandum Opinion And Order pdf file (6/17/20)
  • Response To Plaintiffs' Notice Of Supplemental Authority To Notice pdf file (6/25/20)
  • Notice Of Supplemental Authority In Support Of Motion To Dismiss pdf file (6/26/20)
  • Exhibit A pdf file (6/26/20)
  • Order Granting The Texas Secretary Of State's Motion To Dismiss pdf file (7/10/20)
  • Final Judgment pdf file (7/10/20)

    • 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

    more litigation...