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Last Updated: March 23, 2011 at 3:51 PM

AAPD v. Herrara

Case Information

Date Filed: July 24, 2008
State: New Mexico
Issue: Voter Registration
Courts that Heard this Case: Second Judicial District Court (Albuquerque) (Case D-202-CV-200807673); U.S. District Court for the District of New Mexico (Case 1:08-cv-00702)

Issue:

Whether New Mexico voter registration law, which places certain conditions and requirements on organizations assisting in the registration of voters, violates the National Voter Registration Act and provisons of the New Mexico and U.S. Constitutions.

Status:

Final Judgment entered 1/16/11.

Federal District Court Documents

Notice of Removal (filed 7/29/08)
- Exhibit 1 - Complaint
- Exhibit 2 - Summons
NOTICE of Appearance by John W. Boyd on behalf of all plaintiffs (filed 7/30/08)
MOTION for Pro Hac Vice (for all plaintiffs) by American Association of People with Disabilities (filed 7/30/08)
MOTION for Leave to File Excess Pages for Memo in Support of Plfs' App for Preliminary Injunction and Exs (filed 7/30/08)
MINUTE ORDER REASSIGNING CASE (entered 7/31/08)
MINUTE ORDER REASSIGNING CASE (entered 8/6/08)
Unopposed MOTION to Amend/Correct MOTION for Leave to File Excess Pages for Memo in Support of Plfs' App for Preliminary Injunction (filed 8/6/08)
ANSWER to Complaint (Notice of Removal) (filed 8/7/08)
MINUTE ORDER REASSIGNING CASE (entered 8/7/08)
MOTION for Leave to File Excess Pages (filed 8/8/08)
ORDER granting Motion/Amended Motion for Leave to File Excess Pages (entered 8/11/08)
MOTION for Preliminary Injunction (filed 8/11/08)
MEMORANDUM in Support regarding MOTION for Preliminary Injunction (filed 8/11/08)
- Affidavit
- Exhibits A-E
- Exhibits F-I
NOTICE of motion hearing regarding the Plaintiffs' Application for a Preliminary Injunction scheduled on 8/19/2008. (filed 8/14/08)
MOTION for Leave to File Excess Pages (filed 8/15/08)
MEMORANDUM in Opposition regarding Motion for Preliminary Injunction (filed 8/15/08)
- Declaration and Exhibits
REPLY to Response to MOTION for Preliminary Injunction (filed 8/18/08)
- Affidavit and Exhibits
MOTION to Intervene by Shannon Robinson (filed 8/18/08)
MEMORANDUM in Support regarding MOTION to Intervene filed by Shannon Robinson (filed 8/18/08)
ORDER granting Motion for Leave to File Excess Pages (entered 8/19/08)
Letter to counsel from District Judge James O. Browning re Judicial Code of Conduct/Larranga transcript (entered 8/19/08)
NOTICE of motion hearing regarding Motions to Intervene (entered 8/19/08)
RESPONSE in Opposition regarding MOTION to Intervene (filed 8/20/08)
- Declaration of John Boyd
REPLY to Response to Motion regarding MOTION to Intervene (filed 8/21/08)
- Affidavit Declaration of Patrick Rogers
- Exhibit Voter ID Paints an Odd Picture
- Exhibit Voter Registration Workers Unchecked
- Affidavit of Justine Fox-Young
- Affidavit of Nazarena "Nina" Martinez
ANSWER to Complaint by Intervenors (filed 8/22/08)
RESPONSE in Opposition regarding MOTION for Preliminary Injunction (filed 8/25/08)
- Exhibit A
- Exhibit B
- Exhibit C
- Exhibit D
- Exhibit E
- Exhibit F
- Exhibit G
- Exhibit H
- Exhibit I Part 1
- Exhibit I Part 2
- Exhibit I Part 3
- Exhibit I Part 4
- Exhibit I Part 5
- Exhibit I Part 6
- Exhibit J
Unopposed MOTION for Leave to File Supplemental Brief (filed 8/27/08)
TRANSCRIPT of Proceedings held on August 19, 2008 (filed 8/27/08)
ORDER granting Motion for Leave to File Supplemental Brief (entered 8/28/08)
SUPPLEMENTAL MEMORANDUM in support of MOTION for Preliminary Injunction (filed 8/28/08)
RESPONSE to Plaintiffs' Supplemental Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction (filed 8/28/08)
TRANSCRIPT of Proceedings held on August 29, 2008, before Judge James O. Browning (filed 9/8/08)
MEMORANDUM OPINION AND ORDER denying Motions to Intervene (entered 9/9/08)
MEMORANDUM OPINION AND ORDER denying Plaintiffs' Application for a Preliminary Injunction (entered 9/17/08)
INITIAL SCHEDULING ORDER (entered 9/19/08)
Unopposed MOTION to Withdraw Intervenors' Response to Plaintiffs' Motion for a Preliminary Injunction (filed 9/25/08)
Corporate Disclosure Statement by American Association of People with Disabilities (filed 9/26/08)
Corporate Disclosure Statement by Federation of Women's Clubs Overseas, Inc (filed 9/26/08)
Corporate Disclosure Statement by New Mexico Public Interest Research Group Education Fund (filed 9/26/08)
Corporate Disclosure Statement by Southwest Organizing Project (filed 9/26/08)
Unopposed MOTION for Extension of Time to File a Joint Status Report and Provisional Discovery Plan (filed 10/7/08)
ORDER granting Motion to Withdraw Response in Opposition to Motion for Preliminary Injunction (entered 10/10/08)
ORDER granting MOTION for Extension of Time to File a Joint Status Report and Provisional Discovery Plan (entered 10/10/08)
Unopposed MOTION for Extension of Time to File JSR and PDP and to Reschedule Rule 16 Conference (filed 10/10/08)
ORDER by District Judge James O. Browning granting Unopposed MOTION for Extension of Time to File JSR and PDP and to Reschedule Rule 16 Conference; Joint Status Report and Provisional Discovery Plan due 12/15/2008; Initial Scheduling Conference reset for 12/29/2008 at 11:00 AM in Albuquerque - 460 Vermejo Courtroom (entered 11/18/08)
Unopposed MOTION for Extension of Time to File Joint Status Report and Provisional Discovery Plan and to Reschedule the Rule 16 Conference with the Court by Federation of Women's Clubs Overseas, Inc., New Mexico Public Interest Research Group Education Fund, Southwest Organizing Project, American Association of People with Disabilities (filed 12/15/08)
ORDER granting Unopposed MOTION for Extension of Time to File Joint Status Report and Provisional Discovery Plan and to Reschedule the Rule 16 Conference; Joint Status Report and Provisional Discovery Plan due 4/17/2009; Rule 16 Scheduling Conference reset for 4/24/2009 (entered 12/17/08)
Unopposed MOTION to Extend (other) Rule 16, Joint Status Report and Provisional Discovery Plan deadlines by American Association of People with Disabilities. (filed 4/15/09)
Unopposed MOTION to Extend Deadline to Filed Joint Status Report, Provisional Discovery Plan, and Reschedule Rule 16 Conference (filed 6/12/09)
Order Granting Unopposed Motion to Extend Deadline (entered 6/15/09)
Joint Status Report and Provisional Discovery Plan (filed 7/28/09)
Amended Complaint for Declaratory and Injunctive Relief (filed 8/14/09)
Scheduling Order (entered 8/17/09)
Order Adopting the Joint Status Report and Provisional Discovery Plan (entered 8/17/09)
Motion to Dismiss Filed by Mary Herrera (filed 8/21/09)
Plaintiff's Opposition to Defendant's Motion to Dismiss (filed 9/16/09)
Joint Motion for Extension of Time to Complete Discovery (filed 1/19/10)
- Motion Granted (entered 1/27/10)
Memorandum Opinion and Order granting in part and denying in part the Defendant's Motion to Dismiss (entered 2/5/10)
Joint Motion for Extension of Time to Complete Discovery (filed 2/26/10)
- Motion Granted (entered 3/9/10)
Answer to Amended Complaint (filed 3/1/10)
Motion for Reconsideration (filed 3/5/10)
Memorandum in Support of Motion for Reconsideration (filed 3/5/10)
Response to Plaintiff's Motion for Reconsideration (filed 3/22/10)
Motion to Compel Production of Documents by AAPD (filed 4/5/10)
Joint MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order by American Association of People with Disabilities (filed 4/9/10)
Order Granting Motion for Extension of Time (entered 4/29/10)
MINUTE ORDER REASSIGNING CASE. Case reassigned to U.S. Magistrate Judge Robert Hayes Scott for discovery purposes (entered 5/14/10)
Clerk's Minutes for proceedings on Motion for Rehearing (filed 5/21/10)
Order Granting Plaintiffs' Motion to Compel (entered 6/7/10)
Joint Motion to Amend the Scheduling Order (entered 6/14/10)
Plaintiff's Motion for Summary Judgment (filed 7/2/10)
- Brief in Support of Motion for Summary Judgment
- Exhibits 1, 2, 2-1, 3, 4, 5, 5-1. 5-2, 5-3, 5-4, 5-5, 6, 6-1, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19
Defendant's Motion for Summary Judgment (filed 7/2/10)
- Exhibits 1, 2, 3, 4, 5, 6, 7
Order Granting Motion to Amend Scheduling Order (entered 7/14/10)
Response in Opposition to Motion for Summary Judgment (filed 7/16/10)
Memorandum in Opposition to Motion for Summary Judgment (filed 7/23/10)
- Declaration
- Exhibits 1, 2, 3, 4, 5, 6, 7, 8
Memorandum Opinion and Order Granting in Part and Denying in Part Motion for Reconsideration on Defendant's Motion to Dismiss (entered 7/28/10)
Plaintiff's Reply in Support of Plaintiff's Motion for Summary Judgment (filed 8/6/10)
Defendant's Reply in Response to Motion for Summary Judgment (filed 8/13/10)
- Appendix 1
Joint Motion to Amend/Correct Scheduling Order (filed 8/24/10)
Order granting Joint Motion to Amend Scheduling Order (entered 8/26/10)
Joint Motion to Stay Proceedings (filed 9/20/10)
Order Granting Joint Motion to Stay Proceedings (entered 9/24/10)
Joint Status Update and Joint Motion to Stay (filed 10/29/10)
Order Granting Motion to Stay until 11/12/10 (entered 11/3/10)
Joint Stipulation of Dismissal (filed 11/12/10)
- Exhibits 1, 2
Order Dismissing Case (entered 11/15/10)
Final Judgment (entered 1/16/11)

State Trial Court Documents

Complaint (filed 7/24/08)

Commentary

A Poster Child for Dysfunctional Districting

Daniel P. Tokaji

Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.

more commentary...

In the News

This week: Bama voting rights case in DC courtroom on Thursday

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Birmingham News in an article about a local county's crusade to end 47 years of federal government oversight of its election returns.

Shelby County is hoping a federal appeals court will agree that the county no longer needs the U.S. Justice Department to approve changes in the ways elections are conducted because the area has progressed from its discriminatory past. It is unclear whether the case would be the vehicle with which justices of the U.S. Supreme Court would review the constitutionality of Section 5.

"I am reasonably confident they're going to take up the question of Section 5 constitutionality within the next few years," Tokaji said. "It could be Shelby County, it could be South Carolina, or some other."

more EL@M in the news...

Info & Analysis

Federal Court Finds Equal Protection Violation

In the Hunter case, involving provisional ballots in a local Ohio election from 2010, the federal district court has ordered that ballots must be counted if they are otherwise eligible if they were miscast because of poll worker error.

more info & analysis...

Major Pending Cases

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