Last Updated: September 10, 2010 at 1:39 PM

Ray v. State of Texas

Case Information

Date Filed / Ended: September 21, 2006 / November 4, 2006
State: Texas
Issue: Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Eastern District of Texas (Case 2:06-cv-00385-TJW); U.S. Court of Appeals, 5th Circuit (Case 06-41573); United States Supreme Court (Case 06A466)

Issue:

Whether the challenged provisions of the Texas Election Code, which place limits on possession and delivery of absentee ballots by third parties, on unconstitutional on grounds that the provisions substantially burden the fundamental right to vote, violate due process, and violate equal protection of the law.

Status:

Preliminary injunction granted 10/31/06. Defendants have filed a motion to stay the order with the 5th Circuit 11/01/06. Motion to Stay Granted 11/3/06. U.S. Supreme Court has denied the application to vacate the 5th Circuit's stay 11/4/06. 5th Circuit entered an opinion vacating the preliminary injunction and remanding the case to the Eastern District of Texas (1/9/08). Amended complaint filed 2/7/08. Both sides filed for summary judgment on 6/12/08. A settlement was reached and a dismissal order was entered on 6/20/08.  Opinion filed 8/7/08 granting judgment for the defendant.

District Court Documents

• Complaint (filed 9/21/06)
  • Civil Cover Sheet
• Magistrate Consent Form Mailed to All Plaintiffs (filed 9/22/06)
• MOTION to Dismiss by State of Texas (filed 10/16/06)
• ORDER Setting Hearing on Plaintiffs Motion for Preliminary Injunction and Defendants MOTION to Dismiss: Motion Hearing set for 10/30/2006 (entered 10/23/06)
• RESPONSE in Opposition re MOTION to Dismiss filed by All Plaintiffs (filed 10/27/06)
• PRELIMINARY INJUNCTION (entered 10/31/06)
• FINDINGS OF FACT AND CONCLUSIONS OF LAW as set forth herein (entered 10/31/06)
• Notice of Appeal (filed 11/1/06)
• ORDER of USCA as to Notice of Appeal, filed by Roger Williams, Greg Abbott. Ordered that appellants' motion to stay the Preliminary Injunction filed in the ED/TX is GRANTED. Appellants' motion to expedite the appeal is DENIED. (filed 12/4/06)
• MOTION for Entry of Order (filed 1/31/08)
  • Text of Proposed Order
• ORDER granting Motion; Agreed Entry to sever certain parts of plaintiff claims (entered 2/1/08)
• AMENDED COMPLAINT (filed 2/7/08)
• ANSWER to Amended Complaint (filed 2/21/08)
• ORDER granting Motion to Amend/Correct Docket Control Order and Amended Discovery Order are amended as follows herein (entered 4/30/08)
• MOTION for Summary Judgment (filed 5/12/08)
  • Text of Proposed Order
  • Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15
• RESPONSE in Opposition re MOTION for Summary Judgment filed by All Plaintiffs (filed 5/14/08)
  • Proposed Order
  • Appendix I (Exhibits 1-11)
  • Appendix II (Exhibits 12-23)
• Sealed Document/SEALED ADDITIONAL ATTACHMENTS (Exhibit 8 to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment) (filed 5/14/08)
• Consent MOTION for Leave to File Excess Pages by All Plaintiffs (filed 5/15/08)
  • Proposed Order
• MOTION for Leave to File Excess Pages in Defendants' Motion for Summary Judgment (filed 5/15/08)
  • Proposed Order
• NOTICE by All Plaintiffs Plaintiffs' Notice of Certification Regarding Confidentiality (filed 5/20/08)
  • Exhibit A
• REPLY to Response to Motion for Summary Judgment (filed 5/22/08)
  • Appendix supplemental - part 1
  • Appendix supplemental - part 2
  • Text of Proposed Order
• Additional Attachments to Main Document: Reply to Response to Motion (filed 5/23/08)
• NOTICE:  Objections to Plaintiffs' Deposition Excerpts (filed 5/23/08)
• NOTICE:  Objections to Plaintiffs' Trial Exhibits (filed 5/23/08)
• ORDER granting Unopposed Motion for Leave to File Excess Pages (filed 5/27/08)
• Minute Entry for proceedings (filed 5/28/08)
• TRANSCRIPT of Proceedings held on 5/28/08 Settlement Hearing before Judge T. John Ward. [Transcript available 9/2/08] (filed 6/4/08)
• Consent MOTION For Entry of Order of Dismissal (filed 6/12/08)
  • Proposed Order (filed 6/12/08)
• MOTION for Summary Judgment by Defendants (filed 6/12/08)
  • Motion
  • Exhibit 1-5
  • Exhibit 6-8
  • Exhibit 9-16
  • Exhibit 18-22
  • Exhibit 22-30
  • Exhibit 17
  • Proposed Order
• MOTION for Summary Judgment by Plaintiffs (filed 6/12/08)
  • Appendix of Exhibits
  • Exhibits 1-7
  • Exhibit 8, Part 1
  • Exhibit 8, Part 2
  • Exhibit 8, Part 3
  • Exhibits 9-17
  • Proposed Order
• MOTION Substitute Attached Motion for Summary Judgment (filed 6/18/08)
  • Revised Motion for Summary Judgment
  • Proposed Order
• Plaintiffs' Opposition to Defendants' Motion for Summary Judgment (filed 6/19/08)
  • Exhibit 1
  • Exhibit 2
• Defendants' Opposition to Plaintiffs' Motion for Summary Judgment (filed 6/19/08)
  • Exhibit A
  • Exhibits B-E
  • Proposed Order
• ORDER granting Motion For Entry of Order of Dismissal (entered 6/20/08)
• ORDER granting Motion to substitute motion for summary judgment (entered 6/24/08)
• MOTION for Summary Judgment and supporting Memorandum of Points and Authorities filed per Order (filed 6/24/08)
• ORDER denying as moot Motion for Leave to File Excess Pages (entered 7/11/08)
• MEMORANDUM OPINION and ORDER (entered 8/7/08)
• ORDER/JUDGMENT (entered 8/7/08)

Court of Appeals Documents

• Appellants' Motion for Emergency Stay of Preliminary Injunction Pending Appeal and Motion to Expedite Appeal (filed 11/1/06)
• Opposition to Defendants-Appellants' Motion for Emergency Stay of Preliminary Injunction Pending Appeal and Motion to Expedite Appeal (filed 11/2/06)
• USCA JUDGMENT that the appellant's motion to stay the preliminary injunction filed in the Eastern District of Texas, Marshall Division on 10/31/06 pending appeal is granted. (entered 11/3/06)
• Motion to stay further proceedings in this court pending resolution of the remainder of this case before the DC, filed by Appellee Willie Ray (filed 12/12/06) [not available]
• Response/opposition filed by Appellant Greg Abbott (filed 12/18/06) [not available]
• Reply filed by Appellee Willie Ray (filed 12/21/06) [not available]
• ORDER denying motion to stay further proceedings in this court (filed 1/5/07) [not available] 
• Appellant's Brief (filed 4/18/07)
• Appellee's Brief (filed 5/21/07)
• Amicus curiae brief filed by Amicus Curiae AARP (filed 5/29/07)
  • Exhibit A
• Reply brief filed by Appellant Greg Abbott (filed 6/6/07)
• Case tentatively calendared for oral argument Week of: 12/03/07 (entered 10/15/07)
• Oral argument heard (12/4/07) [non document]
• Supplemental brief filed by Appellant (filed 12/14/07) [not available]
• Supplemental brief filed by Appellees (filed 12/21/07) [not available]
• Opinion (entered 1/9/08)

Supreme Court Documents

• Docket
• Emergency Application to Vacate the Stay Pending Appeal Issued by the United States Court of Appeals for the Fifth Circuit (filed 11/3/06)
• United States Supreme Court Order denying application to vacate stay entered by the Fifth Circuit Court of Appeals (entered 11/4/06)