Flowers v. Illinois State Board of Elections et al
| Randy Flowers |
| Laura K Donahue, Jennifer M Ballard Croft, Cristina D Cray, Tonya L Genovese, Catherine S McCrory, Jack Vrett, Casandra B Watson, Bernadette Matthews, Jeremy Kirk and Rick S Terven, Sr. |
| 4:2026cv04062 |
| March 4, 2026 |
| U.S. District Court for the Central District of Illinois |
| Sara Darrow |
| Ronald L Hanna |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
This docket was last retrieved on August 12, 2026. A more recent docket listing may be available from PACER.
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Filing 44
TEXT ORDER: On July 20, 2026, the Court granted in part and denied in part Defendants' motion to dismiss. (Doc. 39 at 17.) In doing so, the Court granted Plaintiff Flowers "limited leave to amend within fourteen days only for the purpose of naming additional defendants." (Doc. 39 at 17.) Before that fourteen-day deadline had elapsed, Defendants #38 moved for an extension of time to respond to Flowers's operative complaint--whether his First Amended Complaint or, if he chose to add new defendants, his Second Amended Complaint. To justify the extension, Defendants explained that the Assistant Attorney General who had been litigating this case was leaving his employment with that office. And because "a new Assistant Attorney General [would] be assigned to represent Defendants," additional time to acquire familiarity with the facts and prepare a response was necessary. (Doc. 38 at 2.) Accordingly, the Court found good cause for the extension and established a September 2, 2026 deadline for Defendants to answer. (Text Order dated July 31, 2026.) Later that same day, Flowers #41 objected to the extension; he now #42 asks the Court to reconsider its order granting Defendants' extension request. Although not expressly authorized by the Federal Rules of Civil Procedure, motions to reconsider are appropriate when a court's ruling rests on a manifest error of fact or law. See Washington Frontier League Baseball, LLC v. Zimmerman, No. 1:14-cv-01862, 2016 WL 4798988, at *1 (S.D. Ind. Sept. 14, 2016). The Court finds no such error. Flowers's principal objection is that the extension was inappropriate in light of the "time-sensitive" nature of his election-law challenge. (Doc. 41 at 3.) But Flowers overlooks the procedural posture of this case. Indeed, on May 11, 2026, the Court denied Flower's request for preliminary relief, finding that he was not likely to succeed on the merits of his claims. (Doc. 29.) The practical effect of that denial was that Flowers's path to the relief he seeks may only come upon the entry of a final judgment--whether by way of a summary judgment motion, a jury trial, or otherwise. But in general, before that can take place, all defendants must appear and file an answer, a Rule 16 conference must be held, a scheduling order must be entered, and discovery must be completed. The extension Flowers challenges is thus minimal when viewed in light of the procedural steps that must be accomplished before Flowers can obtain the relief he seeks. Flowers also argues that the "circumstances strongly suggest that the extension serves a strategic purpose of delay." (Doc. 42 at 2.) But that argument rests on pure speculation; the resignation of lead attorneys is a regular occurrence, and extensions under those circumstances are regularly granted. Finally, Flowers asserts that Defendants' extension request was "premised on a factual error regarding a 'Third Amended Complaint,'" insofar as the Court did not grant Flowers leave to file such a complaint. But the Court did grant Flowers leave to file a Second Amended Complaint, if only for the limited purpose of adding new defendants, which Flowers has done. (See Doc. 40.) Accordingly, the Court finds no error in its July 31, 2026 Text Order extending Defendants' time to answer Flowers's complaint. Flowers's #42 Motion for Reconsideration is DENIED. Entered by Magistrate Judge Ronald L. Hanna on August 12, 2026. (MJS)
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| Filing 43 NOTICE of Appearance of Attorney by Lee Stark on behalf of Jennifer M Ballard Croft, Cristina D Cray, Laura K Donahue, Tonya L Genovese, Jeremy Kirk, Bernadette Matthews, Catherine S McCrory, Rick S Terven, Sr., Jack Vrett, Casandra B Watson (Stark, Lee) |
| Filing 42 MOTION for Reconsideration re 39 Order on Motion for Extension of Time by Plaintiff Randy Flowers. Responses due by 8/24/2026 (MLW) |
| Filing 41 OBJECTION to Defendants' Motion #38 to Set Due Date or, In the Alternative, Motion for Extension of Time by Randy Flowers. (Attachments: #1 Proposed Order) (MLW) |
| Filing 40 LIMITED AMENDMENT TO FIRST AMENDED COMPLAINT against Jennifer M Ballard Croft, Cristina D Cray, Laura K Donahue, Tonya L Genovese, Jeremy Kirk, Bernadette Matthews, Catherine S McCrory, Rick S Terven, Sr., Jack Vrett, Casandra B Watson, filed by Randy Flowers. (MLW) |
Filing 39
TEXT ORDER: On July 20, 2026, the Court granted Defendants' motion to dismiss in part. In doing so, the Court granted Plaintiff leave to amend his First Amended Complaint for the limited purpose of adding additional defendants. Plaintiff's deadline to do so is August 3, 2026. Defendants now #38 move for an extension of time to respond to Plaintiff's operative pleading--whether his second amended complaint or, should he choose not to file one, his #24 First Amended Complaint. Under Fed. R. Civ. P. 6(b)(1)(A), courts may, for good cause, extend time when a request is made before the original deadline expires. Defendants explain that they attempted to reach Plaintiff to discuss the proposed extension, but have yet to hear back. Nonetheless, based on the circumstances discussed in Defendants' motion, the Court finds good cause. Accordingly, Defendants must respond to Plaintiff's #24 First Amended Complaint on or by September 2, 2026; if Plaintiff amends his complaint, Defendants must respond to Plaintiff's Second Amended Complaint by September 2, 2026. Entered by Magistrate Judge Ronald L. Hanna on July 31, 2026. (NL)
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| Filing 38 MOTION for Extension of Time to File Response/Reply /Set Due Date to Plaintiff's Third Amended Complaint, or, in the Alternative, Extension of Time to File Response to Plaintiff's First Amended Complaint by Defendants Jennifer M Ballard Croft, Cristina D Cray, Laura K Donahue, Tonya L Genovese, Catherine S McCrory, Jack Vrett, Casandra B Watson. Responses due by 8/13/2026 (Banach, Matthew) |
Filing 37
ORDER entered by Judge Sara Darrow on July 20, 2026. Defendants' #26 motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff Randy Flowers's claims against the Illinois State Board of Elections and Jessie Poole are DISMISSED. The Clerk is directed to terminate these defendants on the docket. Flowers's constitutional claim brought under the First and Fourteenth Amendments may proceed against the remaining Defendants, members of the Illinois State Board of Elections. Any claims brought under other constitutional provisions or legal theories are DISMISSED. Flowers's #31 motion for leave to file a response is GRANTED. His #30 motion for leave to file a second amended complaint is DENIED. Flowers's #36 proposed reply, construed as a motion for leave to file, is GRANTED IN PART and DENIED IN PART.The Court notes that, in recent filings, Flowers has included defendants in the caption who were not named in the operative complaint. See, e.g., #31 Mot. Leave File Resp. 1 (naming Bernadette Matthews, Jeremy Kirk, and Rick S. Terven). The current Defendants in this case are only the following individuals named in the #24 First Amended Complaint: Cassandra B. Watson, Cristina Cray, Laura K. Donahue, Tonya L. Genovese, Catherine S. McCrory, Jack Vrett, and Jennifer M. Ballard Croft. If Flowers wishes to add additional parties, the Court grants limited leave to amend within fourteen days only for the purpose of naming additional defendants. (PJD)
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| Filing 36 Plaintiff's Reply Brief in Support of #30 MOTION for Leave to File Second Amended Complaint filed by Plaintiff Randy Flowers. (Attachments: #1 Proposed Order) (MLW) |
| Filing 35 RESPONSE to Motion re #30 MOTION for Leave to File filed by Defendants Jennifer M Ballard Croft, Cristina D Cray, Laura K Donahue, Tonya L Genovese, Illinois State Board of Elections, Catherine S McCrory, Jack Vrett, Casandra B Watson. (Attachments: #1 Exhibit A - Affidavit of Davis)(Ratz, Joshua) |
| Filing 34 Proposed Second Amended Complaint re #30 MOTION for Leave to File by Randy Flowers. (Attachments: #1 Proposed Order) (MLW) |
| Filing 33 RESPONSE to Motion re #26 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Plaintiff Randy Flowers. (MLW) |
| Filing 32 NOTICE Regarding Effect of Litigation Demands on Signature Collection by Plaintiff Randy Flowers. (MLW) |
| Filing 31 MOTION for Leave to File Response to Defendants' Motion to Dismiss Out of Time by Plaintiff Randy Flowers. Responses due by 6/4/2026. (MLW) |
| Filing 30 MOTION for Leave to File a Second Amended Complaint by Plaintiff Randy Flowers. Responses due by 6/4/2026. (MLW) |
Filing 29
ORDER entered by Judge Sara Darrow on May 11, 2026. Plaintiff Randy Flowers's #3 motion for a preliminary injunction is DENIED. (PJD)
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Filing 28
TEXT ORDER entered by Judge Sara Darrow on May 8, 2026. This order resolves two pending motions. First, the #9 motion to dismiss filed by Karen Kinney is MOOT as Kinney was terminated as a defendant on April 20, 2026. Second, Defendants #21 move for leave to file a 22-page response to Plaintiff's #3 motion for a preliminary injunction. Given the nature and extent of the legal issues involved--including jurisdictional questions, the appropriate defendants, the merits of the case, and the additional requirements for a preliminary injunction--and the fact that the motion is unopposed, the Court finds the length of Defendants' response brief to be appropriate and useful for a thorough consideration of the issues. Defendants' #21 motion to file excess pages is GRANTED. (PJD)
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| Filing 27 RULE 12(C) NOTICE entered re #26 MOTION to Dismiss. (MLW) |
| Filing 26 MOTION to Dismiss Plaintiff's First Amended Complaint & Memorandum of Law in Support by Defendant Illinois State Board of Elections. Responses due by 5/18/2026 (Banach, Matthew) |
| Filing 25 REPLY to Response to Motion re #3 MOTION for Preliminary Injunction filed by Plaintiff Randy Flowers. (KLC) |
| Filing 24 FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against Jennifer M Ballard Croft, Cristina D Cray, Laura K Donahue, Tonya L Genovese, Illinois State Board of Elections, Catherine S McCrory, Jack Vrett, Casandra B Watson, Jessie Poole, filed by Randy Flowers. (KLC) |
| Filing 23 NOTICE of Voluntary Dismissal as to Defendant Karen Kenney by Randy Flowers. (KLC) |
| Filing 22 RESPONSE to Motion re #3 MOTION for Preliminary Injunction filed by Defendants Jennifer M Ballard Croft, Cristina D Cray, Laura K Donahue, Tonya L Genovese, Illinois State Board of Elections, Jeremy Kirk, Bernadette Matthews, Catherine S McCrory, Rick S Terven, Sr., Jack Vrett, Casandra B Watson. (Attachments: #1 Exhibit A - Order)(Banach, Matthew) |
| Filing 21 MOTION for Leave to File Excess Pages (Unopposed) by Defendants Jennifer M Ballard Croft, Cristina D Cray, Laura K Donahue, Tonya L Genovese, Illinois State Board of Elections, Jeremy Kirk, Bernadette Matthews, Catherine S McCrory, Rick S Terven, Sr., Jack Vrett, Casandra B Watson. Responses due by 4/27/2026 (Banach, Matthew) |
| Filing 20 RESPONSE to Motion re #3 MOTION for Preliminary Injunction filed by Defendant Karen Kinney. (Carlson, Austin) |
Filing 19
TEXT ORDER: Defendants Illinois State Board of Elections, Bernadette Matthews, Jeremy Kirk, Laura K. Donahue, Rick S. Terven, Sr., Jennifer M. Ballard Croft, Cristina D. Cray, Tonya L. Genovese, Catherine S. McCrory, Jack Vrett, and Casandra B. Watson's ("Defendants") #17 Unopposed Amended Motion for Extension of Time to Answer is GRANTED. Under Fed. R. Civ. P. 6(b)(1)(A), the Court may, for good cause, extend time when a request is made before the original deadline expires. Based on the circumstances discussed in Defendants' motion, the Court finds good cause. Accordingly, Defendants must file an answer or other responsive motion to Plaintiff's #1 complaint on or by April 20, 2026. Finally, Defendants' #16 motion is DENIED as MOOT. Entered by Magistrate Judge Ronald L. Hanna on April 2, 2026. (NL)
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Filing 18
TEXT ORDER: Defendants' counsel mistakenly filed a #14 notice of appearance that pertained to a different case, but has since #15 corrected it. Accordingly, the Clerk is DIRECTED to STRIKE #14 from the docket. Entered by Magistrate Judge Ronald L. Hanna on April 2, 2026. (NL)
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| Filing 17 Amended MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint - Unopposed by Defendants Jennifer M Ballard Croft, Cristina D Cray, Laura K Donahue, Tonya L Genovese, Illinois State Board of Elections, Jeremy Kirk, Bernadette Matthews, Catherine S McCrory, Rick S Terven, Sr., Jack Vrett, Casandra B Watson. Responses due by 4/16/2026 (Banach, Matthew) |
| Filing 16 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Defendants Jennifer M Ballard Croft, Cristina D Cray, Laura K Donahue, Tonya L Genovese, Illinois State Board of Elections, Jeremy Kirk, Bernadette Matthews, Catherine S McCrory, Rick S Terven, Sr., Jack Vrett, Casandra B Watson. Responses due by 4/16/2026 (Banach, Matthew) |
| Filing 15 NOTICE of Appearance of Attorney - Corrected - for Defendants Illinois State Board of Elections, Bernadette Matthews, Jeremy Kirk, Laura Donahue, Rick Terven, Sr., Jennifer Ballard Croft, Cristina Cray, Tonya Genovese, Catherine McCrory, Jack Vrett, and Casandra Watson (Banach, Matthew) |
| Filing 14 **STRICKEN**NOTICE of Appearance of Attorney by Matthew Paul Banach on behalf of Jennifer M Ballard Croft, Cristina D Cray, Laura K Donahue, Tonya L Genovese, Illinois State Board of Elections, Jeremy Kirk, Bernadette Matthews, Catherine S McCrory, Rick S Terven, Sr., Jack Vrett, Casandra B Watson (Banach, Matthew) Modified on 4/7/2026 to Strike. (KLC) |
| Set/Reset Deadlines/Hearings: Pursuant to 13 Text Order dated 3/19/26, Response to #3 Motion due by 4/13/2026, Reply due by 4/20/2026. (KLC) |
Filing 13
TEXT ORDER entered by Judge Sara Darrow on March 19, 2026. Because of the impending statutory filing deadline for ballot access in Illinois, Plaintiff Randy Flowers's #2 Motion to Expedite Proceedings is GRANTED. Plaintiff is DIRECTED to provide Defendants and their counsel a copy of this order and the #3 Motion for Preliminary Injunction, as well as, for any Defendants who have not yet been served, a copy of the #1 Complaint. Defendants must respond to the #3 Motion for Preliminary Injunction on or before April 13, 2026. Plaintiff has until April 20, 2026 to file a Reply. (PJD)
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| Filing 12 SUMMONS Returned Executed by Randy Flowers. Jennifer M Ballard Croft served on 3/16/2026, answer due 4/6/2026; Cristina D Cray served on 3/13/2026, answer due 4/3/2026; Laura K Donahue served on 3/13/2026, answer due 4/3/2026; Tonya L Genovese served on 3/16/2026, answer due 4/6/2026; Illinois State Board of Elections served on 3/16/2026, answer due 4/6/2026; Jeremy Kirk served on 3/13/2026, answer due 4/3/2026; Bernadette Matthews served on 3/13/2026, answer due 4/3/2026; Catherine S McCrory served on 3/16/2026, answer due 4/6/2026; Rick S Terven, Sr. served on 3/13/2026, answer due 4/3/2026. (KLC) |
| Filing 11 Summons Returned Unexecuted by Randy Flowers as to Attorney General of Illinois. (KLC) |
| Filing 10 RULE 12(C) NOTICE entered re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative, to dismiss party defendant as misjoined. (KLC) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative, to dismiss party defendant as misjoined by Defendant Karen Kinney. Responses due by 3/27/2026 (Carlson, Austin) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Randy Flowers. Karen Kinney waiver sent on 3/11/2026, answer due 5/11/2026. (KLC) |
| Filing 7 CERTIFICATE OF SERVICE by Karen Kinney re #6 Notice of Appearance of Attorney Austin Carlson; First Amended Certificate of Service (Carlson, Austin) |
| Filing 6 NOTICE of Appearance of Attorney by Austin Richard Carlson on behalf of Karen Kinney (Carlson, Austin) |
| Filing 5 Summons Issued as to All Defendants. Returned to Plaintiff over counter at Rock Island Clerk's Office. (KLC) (Additional attachment(s) added on 3/6/2026: #1 Summons ISBE) (KLC). |
| Filing 4 Summons Issued as to All Defendants. Originals returned to Plaintiff Randy Flowers. (KLC) |
| Filing 3 MOTION for Preliminary Injunction by Plaintiff Randy Flowers. Responses due by 3/18/2026. (KLC) |
| Filing 2 MOTION to Expedite Proceedings by Plaintiff Randy Flowers. Responses due by 3/18/2026. (KLC) |
| Filing 1 COMPLAINT against All Defendants(Filing fee $ 405, Receipt #400001542), filed by Randy Flowers. (Attachments: #1 Summons) (KLC) |
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