Major Pending Cases

Election Law Litigation

Texas Democratic Party v. Williams

(page last updated August 27, 2008 at 2:57 PM)

Case Information

Current Court: U.S. 5th Circuit Court of Appeals (Case 07-51064)
All Courts: U.S. District Court for the Western District of Texas (Case 1:07-cv-00115); U.S. 5th Circuit Court of Appeals (Case 07-51064)
Topic(s): Voting Technology
State: Texas
Date Filed: February 13, 2007

Issue:

Plaintiffs allege that the eSlate voting machines, used by several Texas counties, do not count votes properly. The issue in the case is whether the use of eSlate voting machines violates HAVA, the Texas Election Code, or the U.S. Constitution.

Status:

Briefs have been filed with the U.S. 5th Circuit Court of Appeal. Oral arguments were heard on 7/9/08. Judgment rendered on 7/30/08 affirming the granting of Summary Judgment to the defendants by the District Court.

Court of Appeals Documents

Appellant's Brief filed by Appellant TX Democratic Party, Appellant Boyd L Richie (filed 11/27/07)
Amicus curiae brief filed by Amicus Curiae Intl Assn Machinists (filed 12/18/07)
Appellee's Brief filed by Appellee Roger Williams (filed 1/10/08)
Amicus curiae brief filed by Amicus Curiae Hart InterCivic Inc (filed 1/18/08)
Reply brief filed by Appellant TX Democratic Party, Appellant Boyd L Richie (filed 1/25/08)
Supplemental authorities filed by Amicus Curiae Hart InterCivic Inc (filed 1/28/08)
Case tentatively calendared for oral argument Week of: 07/07/08 (entered 5/8/08)
Case calendared for oral argument (entered 5/16/08)
Supplemental letter brief filed by Appellant TX Democratic Party, et al. (filed 6/18/08)
Supplemental letter brief filed by Appellee Roger Williams (filed 6/18/08)
Motion filed by Amicus Curiae Hart InterCivic Inc to file supplemental letter brief (filed 6/18/08) (Amicus brief included)
Response/opposition filed by Appellant TX Democratic Party , et al. (filed 6/19/08)
COURT Order filed granting motion of amicus curiae Hart InterCivic, Inc., to file supplemental letter brief (filed 6/19/08)
Oral argument heard. Case argued by Chad Wilson Dunn for Appellant Boyd L Richie, Appellant TX Democratic Party, Kathlyn C Wilson for Appellee Roger Williams (filed 7/9/08)
Opinion filed. Mandate pull date is 8/20/08 (filed 7/30/08)
Judgment entered and filed (filed 7/30/08)
Mandate issued (filed 8/21/08)
Record on appeal returned to 5CCA (filed 8/22/08)
Record on appeal returned to USDC (filed 8/25/08)

District Court Documents

Complaint (filed 2/13/07)
- Exhibit A
- Exhibit B
Opposed MOTION for Leave to Exceed Page Limitation (filed 3/5/2007)
- Proposed Order
MOTION for Summary Judgment (filed 3/05/2007)
- Exhibit 1
- Exhibit 2
- Exhibit 3
- Exhibit 4
- Exhibit 5
- Exhibit 6
- Exhibit 7
- Proposed Order
ANSWER to Complaint (filed 3/5/2007)
ORDER granting Motion for Leave to File Excess Pages (entered 3/6/2007)
Order for Proposed Scheduling Order (entered 3/6/2007)
DEMAND for Trial by Jury (filed 3/7/2007)
MOTION to Continue and PRELIMINARY RESPONSE to Motion for Summary Judgment (filed 3/13/2007)
- Affidavit of Ken Bailey
- Proposed Order Granting Plaintiffs' Motion for Continuance
ORDER granting Motion to Continue (entered 3/19/07) Response to Defendant's Motion for Summary Judgment is due August 1, 2007.
DEMAND for Trial by Jury by Texas Democratic Party (entered 3/07/07)
MOTION to Continue by Texas Democratic Party (entered 3/13/07)
- Affidavit (entered 3/13/07)
- Proposed Order (entered 3/13/07)
PRELIMINARY RESPONSE to MOTION for Summary Judgment (entered 3/13/07)
ORDER granting Motion to Continue (entered 3/19/07)
Proposed Scheduling Order (Entered: 04/16/2007)
ADR Report Filed (Entered: 04/19/2007)
ADVISORY TO THE COURT, Parties' Proposed Discovery Plan. (Entered: 04/27/2007)
ADR Report Filed (Entered: 04/30/2007)
MOTION for Protective Order (Entered: 07/09/2007)
AGREED PROTECTIVE ORDER (Entered: 07/11/2007)
MOTION to Quash, MOTION for Protection From Subpoena Duces Tecum by Dana DeBeauvoir (filed 07/30/2007)
- Exhibit (filed 07/30/2007)
MOTION to Quash and MOTION for Protection From Plaintiff's Notice of Depostion on Written Questions and Subpoena Duces Tecum by Diana T. Barrera. (filed 8/1/2007)
RESPONSE to Motion for Summary Judgment (filed 8/1/2007)
- Proposed Order (filed 8/1/2007)
Memorandum in Opposition to Motion for Summary Judgment (filed 8/1/2007)
- Appendix 1 (filed 8/1/2007)
- Appendix 2 (filed 8/1/2007)
- Appendix 3 (filed 8/1/2007)
- Appendix 4 (filed 8/1/2007)
- Appendix 5 (filed 8/1/2007)
- Appendix 6 (filed 8/1/2007)
- Appendix 7 (filed 8/1/2007)
- Appendix 8 (filed 8/1/2007)
- Appendix 9 (filed 8/1/2007)
- Appendix 10 (filed 8/1/2007)

Appendix 11 (filed 8/1/2007)
Appendix 12 (filed 8/1/2007)
Appendix 13 (filed 8/1/2007)
Appendix 14 (filed 8/1/2007)
Appendix 15 (filed 8/1/2007)
Appendix 16 (filed 8/1/2007)
Appendix 17 (filed 8/1/2007)
Appendix 18 (filed 8/1/2007)
Appendix 19 (filed 8/1/2007)
Appendix 20 (filed 8/1/2007)

Letter/Correspondence from Texas Democratic Party (filed 8/8/2007)
MOTION to Compel by Texas Democratic Party (filed 8/8/2007)
- Exhibit 1 (filed 8/8/2007)
- Exhibit 2 (filed 8/8/2007)
- Proposed Order (filed 8/8/2007)
REPLY to Response to MOTION for Summary Judgment (filed 8/9/2007)
- Exhibit (filed 8/9/2007)
- Appendix (filed 8/9/2007)
RESPONSE to MOTION to Compel (filed 8/10/2007)
- Proposed Order (filed 8/10/2007)
REPLY to Response to MOTION for Summary Judgment (filed 8/15/2007)
ORDER granting Motion for Summary Judgment (entered 8/16/2007)
JUDGMENT. Signed by Judge Sam Sparks (entered 8/16/2007)
NOTICE OF APPEAL by Texas Democratic Party (filed 8/24/2007)

The Ohio State University

www.osu.edu