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ACLU of New Mexico v. Chavez

(page last updated August 27, 2008 at 2:48 PM)

Case Information

Current Court: United States Court of Appeals, 10th Circuit (Case 07-2067; 07-2081)
All Courts: United States District Court, District of New Mexico (Case 05cv1136); United States Court of Appeals, 10th Circuit (Case 07-2067; 07-2081)
Topic(s): Voter ID
State: New Mexico
Date Filed: October 26, 2005

Issue:

Whether Albuquerque's Voter ID statute, which requires photo identification of in-person voters but not absentee voters, violates equal protection, Plaintiffs' First Amendment rights, or creates an undue burden on the right to vote.

Status:

The district court granted partial summary judgment on the parties claims on 3/7/07. An appeal was filed with the U.S. 10th Circuit Court of Appeals. The case is currently active. The court has ordered the parties to file briefs addressing the impact of the Crawford decision by June 17.  Oral arguments are set for 9/25/08.

Appellate Court Documents

• Motion to dismiss case 07-2081 filed by League Woman Voters, Sage Council, New Mexico Coalition, Anne Kass, Alexandra Kazaras, Barbara Grothus. (filed 4/13/07)
• Order filed by Clerk (DEC) granting motion to dismiss case. 07-2081 is dismissed. (entered 4/13/07)
• Order filed by Clerk granting Appellant's motion to extend time to file apet brief. Appellant's brief and appendix are due 7/25/07 for Millie Santillanes. (entered 6/21/07)
• Appellant's brief (filed 7/25/07)
  • Attachment
• Appellee's deficient brief (filed 9/14/07)
• Unopposed motion for leave to file brief amicus curiae filed by Movant Brennan Center for Justice at NYU School of Law (filed 9/17/07)
• Appellant's motion filed by Ms. Millie Santillanes for stay of proceedings pending a Supreme Court decision, or in the alternative to extend time to file a reply brief until 11/15/2007 (filed 10/2/07)
• Reply brief (filed 11/8/07)
• Arguments scheduled for March 19, 2008 (1/9/08)
• Order filed by Clerk of the Court construing appellant's motion for stay pending the United States Supreme Court's consideration of Indiana Democratic Party v. Rokita as a motion abate. As construed, the motion is granted (entered 1/28/08)
• Deficiency notice issued. Status report not filed. Status report now due 05/12/2008 (entered 5/5/08)
• Status report (filed 5/12/08)
  • Attachment
• Order filed by Judge Murphy reactivating case. Simultaneous supplemental briefs due 06/17/2008. The briefs are limited to 15 pages in length in a 13 point font, addressing the impact of Crawford, et al. v. Marion County Election Bd (entered 5/16/08)
• Appellees' supplemental brief (filed 6/17/08)
• Appellant's supplemental brief (filed 6/17/08)
• Calendar notice sent to counsel. Arguments to be held Thursday, September 25, 2008 (filed 6/29/08)
• Notice of time change for oral argument on 09/25/2008 to 8:30 a.m. (entered 8/1/08)

District Court Documents

• Complaint for Declaratory and Injunctive Relief (filed 10/27/05)
• Notice by Plaintiff ACLU of refusal to consent to proceed before U.S. Magistrate Judge (filed 11/1/05)
• First Amended Complaint (filed 1/3/06)
  • Attachment
• Answer to First Amended Complaint (filed 1/19/06)
• Second Amended Complaint (filed 4/24/06)
• Answer to Second Amended Complaint (filed 4/27/06)
• Stipulated Dismissal of Plaintiff American Civil Liberties Union (filed 8/29/06)
• Unopposed Motion by Plaintiffs for Voluntary Dismissal of Claims by New Mexico Coalition to End Homelessness and Certain Counts of Plaintiffs' Second Amended Complaint (filed 9/12/06)
• Motion by Defendant for Summary Judgment (filed 9/13/06)
  • Memorandum in Support of Motion for Summary Judgment
• Order granting Unopposed Motion by Plaintiffs for Voluntary Dismissal of Claims by New Mexico Coalition to End Homelessness and Certain Counts of Plaintiffs' Second Amended Complaint (entered 9/14/06)
• Motion by Plaintiffs for Summary Judgment (filed 9/14/06)
  • Memorandum in Support of Motion for Summary Judgment
• Amicus Brief of Brennan Center for Justice in Support of Plaintiffs' Motion for Summary Judgment (filed 9/14/06)
• Memorandum by Plaintiffs in Support of Motion for Summary Judgment (filed 9/18/06)
• Memorandum in Response by Plaintiffs to Defendant's Motion for Summary Judgment (filed 10/10/06)
• Memorandum in Response by Defendant Millie Santillanes to Plaintiffs' Motion for Summary Judgment (filed 10/11/06)
• Amicus Brief of American Center for Voting Rights Legislative Fund in Support of Defendants' Motion for Summary Judgment (filed 10/11/06)
• RESPONSE by Plaintiff's to Brief of Amicus Curiae American Center for Voting Rights Legislative fund (filed 10/25/06)
• REPLY by Plaintiff's to defendant's response to motion for Summary Judgment (filed 10/25/06)
• Notice of completion of briefing by Plaintiffs regarding Motion for Summary Judgment (filed 10/25/06)
• Defendant's Reply to Plaintiffs' Response to Defendant's Memorandum in Support of Motion for Summary Judgment (filed 10/25/06)
• Notice of completion of briefing for Defendant's Motion for Summary Judgment and Memorandum in Support Thereof (filed 10/25/06)
• Notice of Errata by Plaintiffs to Reply Brief (filed 10/25/06)
• JOINT MOTION for order to suspend filing of final pretrial order pending ruling on dispositive summary judgment cross-motions (filed 11/21/06)
• ORDER GRANTING joint motion to suspend filing of final pretrial order pending ruling on dispositive summary judgment cross-motions (entered 11/22/06)
• ORDER resetting Pretrial Conference for 02/06/07, Bench Trial for 03/13/07 (entered 12/20/06)
• NOTICE re Indiana Democratic Party v. Rokita to the Court re text in summary judgment motion (filed 1/19/07)
• Pretrial Conference set for 2/6/07 is vacated and will be reset later (entered 2/1/07) [non-document entry]
• MEMORANDUM OPINION AND ORDER (entered 2/12/07)
  • Granting in part and denying in part Defendant's Motion for Summary Judgment
  • Granting in part and denying in part Plaintiff's Motion for Summary Judgment
  • Declaring unconstitutional and enjoining enforcement of Art. XIII, Sec. 14 of the Albuquerque City Charter
• PLAINTIFFS STATEMENT OF POSITION REGARDINGTHE COURTS EQUITABLE JURISDICTION TO RESOLVETHE PARTIES DISAGREEMENT CONCERNING APPLICATION OF THE NEW MEXICO STATE ELECTION AND MUNICIPAL ELECTION CODES (filed 2/26/07)
• MEMORANDUM in Opposition to Court's Memorandum Opinion & Order (filed 2/26/07)
• MEMORANDUM OPINION AND ORDER (entered 3/6/07)
  • Vacating calendar call scheduled for 3/8/2007, vacating bench trial scheduled for 3/13/2007, and determining that further declaratory or injunctive relief addressed in parties supplemental briefs unnecessary at this time
• FINAL ORDER (entered 3/6/07)
  • Memorandum Opinion and Order granting summary judgment in Deft.'s favor on Pl.'s First Amendment claim, granting summary judgment in Pl.'s favor on Pl.'s equal protection claim, declaring Art. XIII, Sec. 14 of Albuquerque City Charter unconstitutional, and granting PERMANENT INJUNCTION against enforcement of Art. XIII, Sec. 14 of Albuquerque City Charter in future municipal elections.
• NOTICE of Appearance by Philip B. Davis on behalf of all plaintiffs (filed 3/7/07)
• Unopposed MOTION for Extension of Time to File Motions for Attorneys' Fees and Expenses and to Tax Costs Pending Appeal by American Civil Liberties Union of New Mexico (filed 3/7/07)
• NOTICE OF APPEAL (filed 3/7/07)
• NOTICE OF CROSS APPEAL (filed 3/21/07)
• Order of United States Court of Appeals granting the Unopposed Dismissal of Cross Appeal 07-2081 (entered 4/13/07)

Election Law @ Moritz | Professor Edward B. Foley, Director | 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, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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