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1 No Relief from Reductions in Polling Locations in Kentucky during a Pandemic 1 (2021)

handle is hein.congcourts/fjcnrrp0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION No Relief from Reductions in Polling Locations in Kentucky During a Pandemic Nemes v. Bensinger (Charles R. Simpson III, W.D. Ky. 3:20-cv-407) Because of the global COVID-19 infectious pandemic, some popu- lous counties in Kentucky planned to operate only one polling place each for a primary election in which voting by mail would be encour- aged. A federal judge denied a requested injunction to require more polling places. Subject: Voting procedures. Topics: Poll locations; COVID-19; intervention; case assignment; recusal; primary election; class action. Fifteen days before a June 23, 2020, primary election in Kentucky, a state leg- islator and six other voters filed a federal class-action complaint in the West- ern District of Kentucky challenging the number of planned voting loca- tions-which would be reduced because of heavy voting by mail and concerns about exposing poll workers to infection during the global COVID-19 infec- tious pandemic-as burdensome and dangerous for voters.1 The court initially assigned the case to Judge Claria Horn Boom,2 but then it reassigned the case to Judge Justin R. Walker.3 Then, on the case's third day, the plaintiffs filed a motion for a temporary restraining order or a preliminary injunction.4 Judge Boom's recusal was issued on the same day as the motion.' On the next day, Judge Walker recused himself, and the case was reassigned to Judge Rebecca Grady Jennings.6 She recused herself, and the case was reas- signed to Judge Charles R. Simpson III on June 1 1. Judge Simpson set the case for a videoconference at 11:00 on the following morning.' At the conference, Judge Simpson disclosed that he had voted absentee by mail because of his age and COVID-19; he gave the attorneys enough time to bring the facts to the attention of their clients, and set 4:00 that afternoon as the deadline for a recusal request.9 No party asked for his recusal.10 1. Complaint, Nemes v. Bensinger, No. 3:20-cv-407 (W.D. Ky. June 8,2020), D.E. 1; Nemes v. Bensinger, 467 F. Supp. 3d 509, 519, 524 (W.D. Ky. 2020); Nemes v. Bensinger, 336 F.R.D. 132, 135 (W.D. Ky. 2020). 2. Notice, Nemes, No. 3:20-cv-407 (W.D. Ky. June 8, 2020), D.E. 2. 3. Notice, id. (June 9, 2020), D.E. 15. 4. Motion, id. (June 10, 2020), D.E. 4. 5. Recusal, id. (June 10, 2020, filed June 11, 2020), D.E. 9. 6. Docket Sheet, id. (June 8, 2020) (D.E. 10). 7. Recusal, id. (June 11, 2020), D.E. 13. Tim Reagan interviewed Judge Simpson for this report by telephone on September 24, 2020. 8. Order, Nemes, No. 3:20-cv-407 (W.D. Ky. June 11, 2020), D.E. 17. 9. Post-Conference Order, Nemes, No. 3:20-cv-407 (W.D. Ky. June 13, 2020), D.E. 22; In- terview with Hon. Charles R. Simpson III, Sept. 24, 2020. 10. Post-Conference Order, supra note 9. Federal Judicial Center 1/23/2021 I

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