PFOA

HTTP 404 Not Found

Last Updated: September 9, 2020 at 9:15 PM

People First of Alabama v. Merrill

Case Information

Date Filed: May 1, 2020
State: Alabama
Issue: Improper Election Administration
Current Court: Supreme Court of The United States (Case 19A1063)

Issue:

In light of the COVID-19 pandemic, Plaintiffs challenge 1) the requirement that an affidavit that must be included with an absentee ballot be signed by the voter in the presence of either a notary or two adult witnesses; (2) the requirement that copies of photo identification accompany absentee ballot applications; (3) the requirement that copies of photo identification accompany certain absentee ballots; and (4) the prohibition on curbside voting. Plaintiffs assert that by not amending these policies the state is innappropriately limiting Alabama's citizens right to vote.

Status:

Consent Order 8/21/20.

U.S. District Court Documents

(5/1/20)

Civil Cover Sheet

(5/1/20)

Motion For Preliminary Injunction By Alabama State Conference Of The NAACP, Robert Clopton, Greater Birmingham Ministries, Eric Peebles, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson

(5/12/20)

Motion To Strike Brief, And Replace Memorandum Of Law In Support Of Plaintiffs' Motion For Preliminary Injunction By Alabama State Conference Of The NAACP, Robert Clopton, Greater Birmingham Ministries, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson

(5/14/20)

Corrected Memorandum Of Law In Support Of Plaintiffs' Motion For Preliminary Injunction

(5/14/20)

Response In Opposition re Motion For Preliminary Injunction Filed By Alleen Barnett, Kay Ivey, John Merrill, State Of Alabama

(5/25/20)

Statement Of Interest re Motion For Preliminary Injunction Filed By United States Of America

(5/25/20)

(5/25/20)

(5/25/20)

(5/25/20)

Reponse In Opposition re Motion For Preliminary Injunction Defendant Mary Roberson's Response To Plaintiff's Motion For Preliminary Injunction Filed By Mary B. Roberson

(5/26/20)

Response To re Plaintiff's Motion For Preliminary Injunction Filed By Jacqueline Anderson-Smith, Karen Dunn Burks

(6/1/20)

Reply Brief Filed By Plaintiffs Alabama State Conference Of The NAACP, Robert Clopton, Greater Birmingham Ministries, Eric Peebles, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson re: Motion For Preliminary Injunction

(6/1/20)

Attachments: # 1 Declaration And Exhibits 68 To 72

(6/1/20)

Motion To Dismiss By Mary B. Roberson

(6/9/20)

(6/9/20)

(6/9/20)

Memorandum Opinion

(6/15/20)

Preliminary Injunction Order Consistent With The Memorandum Opinion

(6/15/20)

Notice Of Interlocutory Appeal As To Memorandum Opinion, Order On Motion For Preliminary Injunction

(6/16/20)

Response In Opposition re Motion to Dismiss Filed By Alabama State Conference Of The NAACP, Robert Clopton, Greater Birmingham Ministries, Eric Peebles, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson

(6/17/20)

Joint Motion For Settlement Joint Motion For Entry Of Settlement By Mary B. Roberson

(6/30/20)

Response In Support re Joint Motion For Settlement Joint Motion For Entry Of Settlement Settlement Agreement Filed By Mary B. Roberson

(6/30/20)

Amended Complaint Against Jacqueline Anderson-Smith, Alleen Barnett, Karen Dunn Burks, John Merrill, Mary B. Roberson, State Of Alabama (The), Filed By Annie Carolyn Thompson, Eric Peebles, Alabama State Conference Of The NAACP, People First Of Alabama, Greater Birmingham Ministries, Howard Porter, Jr, Robert Clopton

(7/6/20)

Order Denying 78 Motion For Leave To File Amicus Curiae-Since Several Probate Judges Are Already Parties To The Case As Defendants, 75 The Court Is Confident That The APJAs Interests Are Adequately Represented. Accordingly, The APJAs Motion For Leave To Appear As Amicus Curiae Is Denied

(7/14/20)

Motion To Dismiss State Defendants' Partial Motion To Dismiss By John Merrill

(7/20/20)

Answer To Amended Complaint, By JoJo Schwarzauer

(7/20/20)

Motion For Protective Order By Alabama State Conference Of The NAACP, Gregory Bentley, Teresa Bettis, Black Voters Matter Capacity Building Institute, Robert Clopton, Greater Birmingham Ministries, Eric Peebles, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson, Sheryl Threadgill-Matthews

(7/22/20)

Text Of Proposed Order

(7/22/20)

Answer To Amended Complaint, By Jacqueline Anderson-Smith, Karen Dunn Burks

(7/24/20)

Motion To Dismiss By Lashandra Myrick

(7/27/20)

Motion To Dismiss By Britney Jones-Alexander

(7/27/20)

Opposition To re Motion To Dismiss Filed By Alabama State Conference Of The NAACP, Gregory Bentley, Teresa Bettis, Black Voters Matter Capacity Building Institute, Robert Clopton, Greater Birmingham Ministries, Eric Peebles, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson, Sheryl Threadgill-Matthews

(7/31/20)

Joinder in Motion to Dismiss

(8/3/20)

Motion to Dismiss Defendant Ruby Jones Thomas

(8/5/20)

State Defendants' Reply to Opposition to Motion to Dismiss

(8/5/20)

Motion to Dismiss Defendant JC Love, III, Probate Judge of Montgomery County, Alabama

(8/5/20)

Plaintiffs' Brief in Opposition to Defendants' Myrick, Davis, Jones-Alexander, and Love's Motion to Dismiss

(8/6/20)

Joint Motion for Entry of Consent Order

(8/7/20)

Plaintiffs' Brief in Opposition to Defendant Ruby Jones-Thomas' Motion to Dismiss

(8/12/20)

Reply of Defendant Britney Jones-Alexander and LaShandra Myrick to Plaintiff's Opposition to Their Motion to Dismiss

(8/13/20)

Joinder in Reply to Plaintiffs' Oppositino to Motion to Dismiss

(8/13/20)

(8/14/20)

Plaintiffs' Brief in Opposition to State Defendants' Motion to Stay Discovery and All Rule 26 Obligations

(8/14/20)

State Defendants' Motion for Summary Judgment

(8/17/20)

Memorandum Opinion and Order

(8/17/20)

Joint Motion for Entry of Consent Order

(8/17/20)

Defendant JoJo Schwarzauer's Motion for Summary Judgment

(8/17/20)

Defendant JoJo Schwarzauer's Evidentiary Filings in Support of Its Motion for Summary Judgment

(8/17/20)

Motion to Dismiss, or, in the Alternative, for Summary Judgment, of Defendants Frank Barger and Debra Kizer

(8/17/20)

Motion for Summary Judgment by Bill English and James Majors; Johnnie Mae King, LaShandra Myrick, and Ruby Thomas; and Carolyn Davis-Posey and Britney Jones-Alexander, All in Their Official Capacities

(8/17/20)

Brief in Support of Motion for Summary Judgment by Bill English and James Majors; Johnnie Mae King, LaShandra Myrick, and Ruby Thomas; and Carolyn Davis-Posey and Britney Jones-Alexander, All in Their Official Capacities (8/17/20)

Joinder in Defendants' Motions for Summary Judgment

(8/17/20)

Plaintiffs' Motion for Partial Summary Judgment

(8/17/20)

Plaintiffs' Evidentiary Filings in Support of Their Motion for Partial Summary Judgment

(8/18/20)

(8/19/20)

(8/21/20)

(8/21/20)

Answer of the State Defendants to Plaintiffs' First Amended Complaint

(8/24/20)

State Defendants' Trial Brief

(8/24/20)

Answer of Defendant Judge Don Davis

(8/24/20)

Notice of Joinder in Trial Brief by Bill English and James Majors; Johnnie Mae King, LaShandra Myrick, and Ruby Thomas; and Carolyn Davis-Posey and Britney Jones-Alexander, All in Their Official Capacities

(8/24/20)

Defendant JoJo Schwarzauer's Trial Brief

(8/24/20)

Plaintiffs' Trial Brief

(8/24/20)

Trial Brief of Defendants Frank Barger and Debra Kizer

(8/24/20)

Defendant Don Davis' Response to Plaintiffs' Motion for Partial Summary Judgment

(8/31/20)

State Defendants' Response to Plaintiffs' Partial Motion for Summary Judgment

(8/31/20)

Plaintiffs' Brief in Response to Defendants' Trial Briefs

(8/31/20)

Notice of Joinder in Response to Motion for Summary Judgment by Bill English and James Majors; Johnnie Mae King, LaShandra Myrick, and Ruby Thomas; and Carolyn Davis-Posey and Britney Jones-Alexander, All in Their Official Capacities

(8/31/20)

Plaintiffs' Opposition to Defendants' Motions for Summary Judgment

(8/31/20)

Pro Tanto Motion to Dismiss All Claims Against Frank Barger and Debra Kizer and to Retain Jurisdiction to Enforce the Settlement

(9/4/20)

(9/4/20)

Memorandum Opinion and Order

(9/8/20)

Memorandum and Order

(9/8/20)

United States Court Of Appeals For The Eleventh Circuit

Civil Appeal Docketed

(6/17/20)

Emergency Motion To Stay Pending Appeal

(6/17/20)

Appendix Filed By Appellants Secretary Of State For The State Of Alabama And State Of Alabama

(6/17/20)

Response To Motion To Stay Pending Appeal Filed By Appellants Secretary Of State For The State Of Alabama And State Of Alabama Filed By Attorney Deuel Ross For Appellees Robert Clopton, Eric Peebles, People First Of Alabama, Howard Porter, Jr. And Annie Carolyn Thompson

(6/19/20)

Amended Response To Motion To Stay Pending Appeal Filed By Appellants Secretary Of State For The State Of Alabama And State Of Alabama Filed By Attorney Deuel Ross For Appellees Robert Clopton, Eric Peebles, People First of Alabama, Howard Porter, Jr. And Annie Carolyn Thompson

(6/19/20)

Reply To Response Filed By Appellants Secretary Of State For The State Of Alabama And State Of Alabama

(6/19/20)

Order: Defendants-Appellants Secretary Of State For The State Of Alabama And State Of Alabama's Emergency Motion For Stay Pending Appeal Is Hereby Denied

(6/25/20)

Motion To Voluntarily Dismiss Appeal Filed By Secretary Of State For The State Of Alabama And State Of Alabama

(7/16/20)

Entry of Dismissal

(7/17/20)

The Supreme Court Of The United States

Application For A Stay, Submitted To Justice Thomas

(6/29/20)

Application For Stay Granted

(7/2/20)

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...

Election Law @ Moritz | The Ohio State University Michael E. Moritz College of Law | electionlaw@osu.edu

Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation. Individuals affiliated with the program may in their own personal capacity participate in campaign or election activity, or engage in pro bono representation of clients other than partisan candidates or organizations.

PDF files in this site require Adobe Reader to view (link opens in NEW window). If you have trouble accessing this page or need to request an alternate format, please email the Moritz Law Webmaster.