Leslie Feldman, et al v. Arizona Sec'y of State's Ofc., et al

Plaintiff - Appellant,: LESLIE FELDMAN, LUZ MAGALLANES, MERCEDEZ HYMES, JULIO MORERA, CLEO OVALLE, PETERSON ZAH, Former Chairman and First President of the Navajo Nation, THE DEMOCRATIC NATIONAL COMMITTEE, DSCC, AKA Democratic Senatorial Campaign Committee, THE ARIZONA DEMOCRATIC PARTY, KIRKPATRICK FOR U.S. SENATE and HILLARY FOR AMERICA
Intervenor-Plaintiff - Appellant,: BERNIE 2016, INC.
Defendant - Appellee,: ARIZONA SECRETARY OF STATE'S OFFICE, MICHELE REAGAN, in her official capacity as Secretary of State of Arizona, MARICOPA COUNTY BOARD OF SUPERVISORS, DENNY BARNEY, STEVE CHUCRI, ANDY KUNASEK, CLINT HICKMAN, STEVE GALLARDO, member of the Maricopa County Board of Supervisors, in their official capacities, MARICOPA COUNTY RECORDER AND ELECTIONS DEPARTMENT, HELEN PURCELL, in her official capacity as Maricopa County Recorder, KAREN OSBORNE, in her official capacity as Maricopa County Elections Director and MARK BRNOVICH, in his official capacity as Arizona Attorney General
Intervenor-Defendant - Appellee,: SUZANNE KLAPP, THE ARIZONA REPUBLICAN PARTY, DEBBIE LESKO, TONY RIVERO and BILL GATES
Case Number: 16-16865
Filed: October 17, 2016
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Civil Rights Voting

Opinions

We have the following opinions for this case:

Date FiledDescription
November 2, 2016 Summary Feldman v. Arizona Secretary of State's Office
November 4, 2016 Summary LESLIE FELDMAN V. ARIZONA SEC'Y OF STATE'S OFC.

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
November 4, 2016 9028515011 Opinion or Order of the Court Filed PER CURIAM Order for PUBLICATION (SIDNEY R. THOMAS, DIARMUID F. O'SCANNLAIN, WILLIAM A. FLETCHER, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, JAY S. BYBEE, CONSUELO M. CALLAHAN, N. RANDY SMITH, MARY H. MURGUIA, PAUL J. WATFORD and JOHN B. OWENS) (Chief Judge Thomas, concurring in part, dissenting in part) En banc oral argument will take place during the week of January 17, 2017, in San Francisco, California. The date and time will be determined by separate order. Plaintiffs motion for an injunction pending appeal is DENIED. In this action, plaintiffs challenge the provisions of Arizona law that precludes counting ballots that are cast outside of the voter s designated precinct, even when those ballots include races and ballot measures for which the voter is eligible and qualified to vote. Plaintiffs argue that this procedure violates the Voting Rights Act of 1965, and the Fourteenth Amendment to the Constitution. The district court denied the plaintiffs request for a preliminary injunction. A divided three judge panel affirmed the district court s order. A majority of the non-recused active judges then voted to rehear this case en banc. En banc argument will be confined to the question of whether or not a preliminary injunction should issue as to future elections. The en banc court will not consider whether or not out-of-precinct votes should be counted in the pending general election. Current Arizona election law, practices, and procedures as to out-of-precinct voting will be fully applicable to this election. The en banc court declines to issue any order that would potentially disrupt procedures in the upcoming election. Purcell v. Gonzalez, 549 U.S. 1, 4 (2006) (per curiam). For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or (206) 224-2236. Within seven days from the date of this order, the parties shall forward to the Clerk of Court twenty-five additional paper copies of the original briefs and twelve additional paper copies of the excerpts of record. The paper copies must be accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available at http://www.ca9.uscourts.gov/datastore/uploads/cmecf/Certificate-for-Brief-in-Paper-Format.pdf. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [10187382]
Search for this case: Leslie Feldman, et al v. Arizona Sec'y of State's Ofc., et al
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Plaintiff - appellant,: LESLIE FELDMAN
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Plaintiff - appellant,: LUZ MAGALLANES
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Plaintiff - appellant,: MERCEDEZ HYMES
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Plaintiff - appellant,: JULIO MORERA
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Plaintiff - appellant,: CLEO OVALLE
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Plaintiff - appellant,: PETERSON ZAH, Former Chairman and First President of the Navajo Nation
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Plaintiff - appellant,: THE DEMOCRATIC NATIONAL COMMITTEE
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Plaintiff - appellant,: DSCC, AKA Democratic Senatorial Campaign Committee
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Plaintiff - appellant,: THE ARIZONA DEMOCRATIC PARTY
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Plaintiff - appellant,: KIRKPATRICK FOR U.S. SENATE
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Plaintiff - appellant,: HILLARY FOR AMERICA
Represented By: Daniel Clayton Barr
Represented By: Amanda Callais
Represented By: Roopali H. Desai
Represented By: Marc Erik Elias
Represented By: Elisabeth Frost
Represented By: David Andrew Gaona
Represented By: Sarah Rae Gonski
Represented By: Andrew S. Gordon
Represented By: Joshua L. Kaul
Represented By: Bruce V. Spiva
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Intervenor-plaintiff - appellant,: BERNIE 2016, INC.
Represented By: Roopali H. Desai
Represented By: David Andrew Gaona
Represented By: Andrew S. Gordon
Represented By: Malcolm Seymour
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Defendant - appellee,: ARIZONA SECRETARY OF STATE'S OFFICE
Represented By: Karen Hartman-Tellez
Represented By: Kara Marie Karlson
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Defendant - appellee,: MICHELE REAGAN, in her official capacity as Secretary of State of Arizona
Represented By: Karen Hartman-Tellez
Represented By: Kara Marie Karlson
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Defendant - appellee,: MARICOPA COUNTY BOARD OF SUPERVISORS
Represented By: Colleen Connor
Represented By: Andrea Lee Cummings
Represented By: Joseph Isaac Vigil
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Defendant - appellee,: DENNY BARNEY
Represented By: Colleen Connor
Represented By: Andrea Lee Cummings
Represented By: Joseph Isaac Vigil
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Defendant - appellee,: STEVE CHUCRI
Represented By: Colleen Connor
Represented By: Andrea Lee Cummings
Represented By: Joseph Isaac Vigil
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Defendant - appellee,: ANDY KUNASEK
Represented By: Colleen Connor
Represented By: Andrea Lee Cummings
Represented By: Joseph Isaac Vigil
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Defendant - appellee,: CLINT HICKMAN
Represented By: Colleen Connor
Represented By: Andrea Lee Cummings
Represented By: Joseph Isaac Vigil
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Defendant - appellee,: STEVE GALLARDO, member of the Maricopa County Board of Supervisors, in their official capacities
Represented By: Colleen Connor
Represented By: Andrea Lee Cummings
Represented By: Joseph Isaac Vigil
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Defendant - appellee,: MARICOPA COUNTY RECORDER AND ELECTIONS DEPARTMENT
Represented By: Colleen Connor
Represented By: Andrea Lee Cummings
Represented By: Joseph Isaac Vigil
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Defendant - appellee,: HELEN PURCELL, in her official capacity as Maricopa County Recorder
Represented By: Colleen Connor
Represented By: Andrea Lee Cummings
Represented By: Joseph Isaac Vigil
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Defendant - appellee,: KAREN OSBORNE, in her official capacity as Maricopa County Elections Director
Represented By: Colleen Connor
Represented By: Andrea Lee Cummings
Represented By: Joseph Isaac Vigil
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Defendant - appellee,: MARK BRNOVICH, in his official capacity as Arizona Attorney General
Represented By: Karen Hartman-Tellez
Represented By: Kara Marie Karlson
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Intervenor-defendant - appellee,: SUZANNE KLAPP
Represented By: Sara J. Agne
Represented By: Colin Patrick Ahler
Represented By: Brett William Johnson
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Intervenor-defendant - appellee,: THE ARIZONA REPUBLICAN PARTY
Represented By: Sara J. Agne
Represented By: Colin Patrick Ahler
Represented By: Brett William Johnson
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Intervenor-defendant - appellee,: DEBBIE LESKO
Represented By: Sara J. Agne
Represented By: Colin Patrick Ahler
Represented By: Brett William Johnson
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Intervenor-defendant - appellee,: TONY RIVERO
Represented By: Sara J. Agne
Represented By: Colin Patrick Ahler
Represented By: Brett William Johnson
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Intervenor-defendant - appellee,: BILL GATES
Represented By: Sara J. Agne
Represented By: Colin Patrick Ahler
Represented By: Brett William Johnson
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