Last Updated: September 2, 2020 at 9:36 PM

Arizona Republican Party v. Democratic National Committee

Case Information

Date Filed: April 15, 2016
State: Arizona
Issues: Voter Supression, Absentee Ballots, Provisional Ballots
Current Court: U.S. Supreme Court (Case 19-1258)

Issue:

Whether Arizona's allegedly insufficient number of polling places disenfranchised voters in violation of the Equal Protection Clause, the First Amendment, and section 2 of the Voting Rights Act.

Whether an Arizona law prohibiting individuals from collecting the early ballots of others (aka "ballot harvesting") violates the Voting Rights Act. the Fourteenth Amendment, and the First Amendment because it disproportionately and adversely impacts minorities, unjustifiably burdens the right to vote, and interferes with freedom of association.

Status:

9th Circuit Opinion finding Voting Rights Act violation filed 1/27/20. State's Motion for Stay Granted by 9th Circuit 2/11/20. Petition for Writ of Certiorari filed 4/27/20. Brief of Respondent filed 6/1/2020. Reply of Petitioner Arizona Republican Party filed 7/29/2020.

District Court Documents

• Complaint (filed 04/15/16)
  • Civil Cover Sheet
• Amended Complaint (filed 04/19/16)
• Motion to Intervene (filed 04/29/16)
  • Proposed Order
• Plaintiffs' Response to Motion to Intervene (filed 05/02/16)
• MOTION to Intervene by Arizona Republican Party (filed 05/09/16)
  • Partial Answer-in-Intervention to Amended Complaint
  • Proposed Order
• Corporate Disclosure Statement by Arizona Republican Party (filed 05/09/16)
• NOTICE re: Stipulation to Produce Database Subject to Redaction by Arizona Secretary of State' s Office (filed 05/13/16)
• Defendant's RESPONSE to Plaintiffs' Joint Stipulation and Notice to Produce Statewide Voter Registration Database (filed 05/16/16)
• Motion to Intervene (filed 05/16/16)
• Notice re: Briefing (filed 05/18/16)
• Stipulation as to Dismissal of Plaintiffs Ruiz and Baker (filed 05/19/16)
• Order pursuant to Stipulation (filed 05/20/16)
• Protective Order (filed 05/27/16)
• Plaintiffs' Opposition to Motion to Intervene (filed 06/02/16)
• Order (filed 06/07/16)
• Motion for Preliminary Injunction (filed 06/10/16)
  • Proposed Order
• Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction (filed 06/10/16)
• Reply in Support of Motion to Intervene (filed 06/13/16)
• Motion to Dismiss for Failure to State a Claim, Lack of Jurisdiction (filed 06/17/16)
  • Exhibits A-D
• Emergency Motion to Strike (filed 06/22/16)
• Response to Emergency Motion to Strike (filed 06/23/16)
• Order granting Motion to Intervene (filed 06/28/16)
• Joinder re: Motion to Dismiss (filed 06/30/16)
• Order (filed 7/6/16)
• Intervenor-Defendants' Response to Motion for Preliminary Injunction (filed 7/19/16)
  • Exhibits
• State Defendants' Response to Motion for Preliminary Injunction (filed 7/19/16)
  • Declaration of Karen Hartman-Tellez
• Plaintiffs' Joint Reply in Support of Motion for Preliminary Injunction (filed 7/26/16)
  • Declaration of Sheila Healy
  • Declaration of Steven Begay
  • Declaration of Ernesto Teran
  • Declaration of Carmen Arias
  • Declaration of Sarah Gonski
    • Exhibits
• Joint Notice of Settlement Agreement as to Polling Location Allocation (filed 9/9/16)
• Joint Motion to Dismiss County Defendants (filed 9/22/16)
• Order Denying Motion for Preliminary Injunction as to HB 2023 (filed 9/23/16)
• Response to Joint Motion to Dismiss County Defendants (filed 9/23/16)
• Notice of Interlocutory Appeal (filed 9/23/16)
• Emergency Stay Motion (filed 9/28/16)
• Response to Emergency Stay Motion (filed 10/3/16)
• Order Denying Stay (filed 10/4/16)
• Order Denying Plaintiffs' Motion for Preliminary Injunction (filed 10/11/16)
• Second Amended Complaint (filed 12/28/16)
• Order Denying Motion to Dismiss County Defendants as Moot (filed 1/4/17)
• Intervenor Defendants' Motion to Dismiss Second Amended Complaint (filed 1/17/17)
• Arizona Secretary of State's Motion to Dismiss Second Amended Complaint (filed 1/17/17)
• Plaintiff’s Response in Opposition to State Defendants’ motion to Dismiss (filed 2/7/17)
• Plaintiff’s Response in Opposition to Intervenor-Defendants’ Motion to Dismiss (filed 2/7/17)
• Intervenor-Defendants’ reply in support of Motion to Dismiss Claim (filed 2/14/17)
• State-Defendants’ Reply in Support of Motion to Dismiss Claim (filed 2/14/17)
• Order Granting in Part and Denying in Part Motion to Dismiss Claim (filed 3/3/17)
• Defendant Arizona’s Answer to Amended Complaint (filed 3/17/17)
• Order Denying Motion to Dismiss of Intervenor-Defendants (filed 4/13/17)
• Answer of Arizona Republican Party (filed 4/27/17)
• Motion for Privacy Act Orde r (filed 6/13/17)
• Protective Order Granted (filed 6/16/17)
• Motion to Compel Plaintiffs to Produce Documents (filed 6/28/17)
• Exhibit A
• Response in Opposition to Compel Production of Documents (filed 7/6/17)
• Declaration of Alexis Tameron
• Declaration of Joshua Kaul
• Exhibits 1-8
• Order Denying Motion to Compel Documents (filed 7/25/17)
• Proposed Pretrial Order (filed 7/31/17)
• Motion to Compel and Monitor for Reconsideration (filed 8/4/17)
• Exhibits
• Response in Opposition (filed 8/11/17)
• Declaration of Joshua Kaul
• Exhibits 1-7
• Order Granting in Part and Denying in Part (filed 9/7/17)
• Motion in Limine on Spoliation of Electronic Evidence (filed 9/18/17)
• Exhibit A-F
• Response to Defendants' Motion in Limine (filed 9/25/17)
• Exhibit A-C
• Trial Brief (filed 9/26/17)
• Statement of Facts (filed 9/26/17)
• Response to Trial Brief and Motion (filed 10/10/17)
• Response to Motion (filed 10/13/17)
• Response in Opposition (filed 10/17/17)
• Memorandum in Support of Motion to Admit Exhibits (filed 10/17/17)
• Response Memorandum (filed 10/20/17)
• Reply to Response to Motion (filed 10/23/17)
• Rule 7.2 Notice (filed 4/17/18)
• Order Regarding Evidentiary Issue (filed 5/8/18)
• Notice of Appeal (filed 5/9/18)
• Exhibit A
• Exhibit B
• Order RE: Exhibits (filed 5/10/18)
• Motion for Injunction (filed 5/17/18)
• Response in Opposition to Motion (filed 5/22/18)
• Bill of Costs by Mark Brnovich (filed 5/22/18)
• Affidavit
• Bill of Costs by Arizona Republican (filed 5/22/18)
• Affidavit
• Exhibit A
• Exhibit B
• Order Denying Plaintiffs' Motion (filed 5/25/18)
• Order Granting Joint Stipulation to Stay (filed 6/1/18)

Ninth Circuit Court of Appeals Documents ("ballot harvesting" appeal)

• Excerpts of Record (filed 10/4/16)
• Plaintiffs' Emergency Motion for Injunction Pending Appeal and for Expedited Appeal (filed 10/4/16)
• State Defendants/Appellees' and Defendant-Intervenors/Appellees' Response in Opposition to the Emergency Motion for Injunction Pending Appeal and for Expedited Appeal (filed 10/7/16)
• Plaintiff-Appellants' Reply in Support of Emergency Motion for Injunction Pending Appeal and for Expedited Appeal (filed 10/10/16)
• Order Denying Emergency Motion for Injunction Pending Appeal (filed 10/11/16)
• Appellants' Opening Brief (filed 10/17/16)
• State Defendants/Appellees' Brief (filed 10/17/16)
• Joint Motion to Consolidate Appeals (filed 10/20/16)
• Plaintiff-Appellants' Response to Defendants' Joint Motion to Consolidate (filed 10/20/16)
• Order Denying Motion to Consolidate (filed 10/21/16)
• Opinion and Order Affirming District Court's Denial of Preliminary Injunction (filed 10/28/16)
• Plaintiff-Appellants' Petition for Rehearing En Banc (filed 10/31/16)
• State Defendants/Appellee's Supplemental Brief in Opposition to Rehearing En Banc (filed 10/31/16)
• Brief of Defendant-Intervenor Arizona Republican Party Opposing Rehearing En Banc (filed 10/31/16)
• En Banc Opinion and Order Granting Injunction Pending Appeal (filed 11/4/16)
• Order Setting Oral Argument En Banc for 1/17/17, for ballot harvesting and wrong precinct appeals (filed 11/23/16)
• State's Brief on Mootness (filed 12/5/16)
• Arizona Republican Party Brief on Mootness (filed 12/5/16)
• Plaintiffs-Appellants' Brief on Mootness (filed 12/5/16)
• Order Rescheduling Oral Argument to June 2017 (filed 12/13/16)
• Mandate of USCA (filed 6/1/18)
• Mandate of USCA (filed 6/1/18)

Ninth Circuit Court of Appeals Documents (wrong precinct voting appeal)

• Appellants' Brief (filed 10/24/16)

• Brief of Arizona Secretary of State (filed 10/24/16)
• Brief of Intervenor, Arizona Republican Party (filed 10/24/16)
• Brief of Maricopa County Defendants (filed 10/24/16)
• Opinion and Order Affirming District Court (filed 11/2/16)
• Order Denying Injunction Pending Appeal (filed 11/4/16)
• Order Setting Oral Argument En Banc for 1/17/17, for ballot harvesting and wrong precinct appeals (filed 11/23/16)
• See Ninth Circuit documents above for parties' supplemental briefs on mootness issue

Ninth Circuit Court of Appeals Documents("second ballot harvesting & wrong precinct" appeal)

• Docketed Cause And Entered Appearences Of Counsel (5/10/18)
• Filed (ECF) Appellees Mr. Mark Brnovich And Michele Reagan Motion To Assign Case To Prior Panel (5/21/18)
• Filed (ECF) Appellants DSCC, The Arizona Democratic Party And The Democratic National Committee Response To Motion (ECF Filing) Motion To Assign Case To Prior Panel (5/22/18)
• Filed (ECF) Appellees Mr. Mark Brnovich And Michele Reagan Reply To Response To Motion To Assign Case To Prior Panel (5/23/20)
• Filed (ECF) Appellants DSCC, The Arizona Democratic Party And The Democratic National Committee Emergency Motion For Injunction Pending Appeal (5/25/18)
• Order Granting Motion To Refer The Case To The Original Three Judge Panel (6/1/18)
• Submitted (ECF) Opening Brief For Review. Submitted By Appellants DSCC, The Arizona Democratic Party And The Democratic National Committee (7/3/18)
• Submitted (ECF) Excerpts Of Record. Submitted By Appellants DSCC, The Arizona Democratic Party And The Democratic National Committee (7/4/18)
• Submitted (ECF) Answering Brief For Review. Submitted By Appellees Mr. Mark Brnovich And Michele Reagan (7/10/18)
• Submitted (ECF) Answering Brief For Review. Submitted By Appellees Bill Gates, Suzanne Klapp, Debbie Lesko, Tony Rivero And The Arizona Republican Party (7/10/18)
• Submitted (ECF) Supplemental Excerpts Of Record. Submitted By Appellees The Arizona Republican Party, Tony Rivero, Debbie Lesko, Suzanne Klapp And Bill Gates (7/10/18)
• Submitted (ECF) Reply Brief For Review. Submitted By Appellants DSCC, The Arizona Democratic Party And The Democratic National Committee (7/17/18)
• Filed Opinion Deffering DNC's Motion For An Injunction Pending Appeal (9/12/18)
• Filed (ECF) Appellants DSCC, The Arizona Democratic Party And The Democratic National Committee Petition For Rehearing En Banc (9/12/18)
• Submitted (ECF) Amicus Brief For Review (By Government Or With Consent Per FRAP 29(a)). Submitted By American Civil Liberties Union & American Civil Liberties Union Of Arizona (9/24/18)
• Amicus Brief Submitted By ACLU And American Civil Liberties Union (9/25/18)
• Appellees Bill Gates, Suzanne Klapp, Debbie Lesko, Tony Rivero And The Arizona Republican Party Response To Petition For Rehearing En Banc (10/16/18)
• Appellees Bill Gates, Suzanne Klapp, Debbie Lesko, Tony Rivero And The Arizona Republican Party Response Opposing Motion (ECF Filing) (10/29/18)
• Filed Order For Publication (1/2/19)
• Amicus Brief For Review And Filed Motion To Become Amicus Curiae. Submitted By American Civil Liberties Union; American Civil Liberties Union Of Arizona (1/23/19)
• Appellees Bill Gates, Suzanne Klapp, Debbie Lesko, Tony Rivero And The Arizona Republican Party Motion For Miscellaneous Relief (2/4/19)
• Submitted (ECF) Amicus Brief For Review Submitted By United States Of America (2/15/19)
• Order Granting Motion Of The American Civil Liberties Union And American Civil Liberties Union Of Arizona For Leave To File An Amicus Curiae Brief (2/19/19)
• Filed Opinion (1/27/20)
• Appellee Mr. Mark Brnovich Motion To Stay The Mandate (1/31/20)
• Appellees Bill Gates, Suzanne Klapp, Debbie Lesko, Tony Rivero And The Arizona Republican Party Motion To Stay The Mandate (2/3/20)
• Filed Order Granting Motion To Stay (2/11/20)
• State Of Arizona Motion To Intervene (3/3/20)
• Appellee Katie Hobbs Response Opposing Motion (3/13/20)
• Filed (ECF) Intervenor - Pending State Of Arizona Reply To Response (3/19/20)
• Filed Order Granting State Of Arizona's Motion To Intervene (4/9/20)
• Appellees Bill Gates, Suzanne Klapp, Debbie Lesko, Tony Rivero And The Arizona Republican Party Response To Order To Show Cause (4/17/20)
• Supreme Court Case Info (5/1/20)

U.S. Supreme Court Documents ("ballot harvesting" appeal)

• Emergency Application for Stay of Ninth Circuit's Injunction (filed 11/4/16)
• Order Granting Stay of Ninth Circuit's Injunction (filed 11/5/16)

U.S. Supreme Court Documents ("second ballot harvesting & wrong precinct" appeal)

Writ of Certiorari (4/27/20)

Blanket Consent Filed By Petitioner, Arizona Republican Party, et al. (5/4/20)

Granted Motion Of Respondent Katie Hobbs, Arizona Secretary Of State To Extend The Time To File A Response (5/20/20)

Brief Amici Curiae Of Elijah Haahr (6/1/20)

Brief Amici Curiae Of Governor Douglas A. Ducey (6/1/20)

Brief Of Respondent Katie Hobbs, Arizona Secretary Of State In Opposition (6/1/20)

Brief Of Respondents Democratic National Committee, et al. In Opposition (6/1/20)

Reply Of Arizona Republican Party, et al. (7/29/20)