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JOHN M. GORE 

Acting Assistant Attorney General 

Civil Rights Division 

T. CHRISTIAN HERREN, JR.

ROBERT S. BERMAN

DAVID G. COOPER (NY Bar #4683371)

NEAL R. UBRIANI (NY Bar #5139217)

Attorneys, Voting Section

Civil Rights Division

U.S. Department of Justice

950 Pennsylvania Avenue, N.W.

Washington, D.C. 20530

Telephone: (202) 307-2767

Facsimile: (202) 307-3961

Email: david.cooper@usdoj.gov

Counsel for Plaintiff 

United States of America

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America,

Plaintiff, 

v. 

The State of Arizona; and 

Michele Reagan, Secretary of 

State of Arizona, in her 

official capacity, 

 Defendants. 

Case No.: 

COMPLAINT 

The United States of America alleges: 

1. This action is brought by the Attorney General on behalf of the United States of

America under the Uniformed and Overseas Citizens Absentee Voting Act 

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(“UOCAVA”), 52 U.S.C. §§ 20301 et seq. UOCAVA requires that absent uniformed 

services voters and overseas voters (“UOCAVA voters”) shall be permitted “to use 

absentee registration procedures and to vote by absentee ballot in general, special, 

primary, and runoff elections for Federal office.” 52 U.S.C. § 20302(a)(1). 

2. The Attorney General is authorized to enforce the provisions of UOCAVA, 52 

U.S.C. § 20307, and brings this action for declaratory and injunctive relief to ensure that 

UOCAVA voters will have the opportunity to vote guaranteed by UOCAVA in Arizona’s 

2018 special election cycle to fill a vacancy in the State’s Eighth Congressional District, 

and in future special elections for the House of Representatives. This Court has 

jurisdiction of this action pursuant to 52 U.S.C. § 20307 and 28 U.S.C. §§ 1345 and 

2201.

3. Defendant State of Arizona is responsible for complying with UOCAVA and 

ensuring that validly requested absentee ballots are transmitted to UOCAVA voters in 

accordance with the statute’s terms. 52 U.S.C. § 20302.

4. Defendant Michele Reagan is the Arizona Secretary of State and is sued in her 

official capacity. The Arizona Secretary of State is the chief state election officer and

responsible for the coordination of state responsibilities under UOCAVA. Ariz. Rev. 

Stat. § 16-142. 

5. Section 102(a)(8)(A) of UOCAVA requires that states transmit validly requested 

ballots to UOCAVA voters not later than 45 days before an election for Federal office 

when the request is received at least 45 days before the election. 52 U.S.C. § 

20302(a)(8)(A). 

6. Pursuant to the Arizona election code, when a vacancy occurs in the office of a 

representative in Congress more than six months prior to the next general election, the 

governor shall call a special primary election and special general election for at least 80 

and no more than 90 days from the date of the occurrence of the vacancy. Ariz. Rev. 

Stat. § 16-222(B). On December 8, 2017, Representative Trent Franks resigned from 

Congress. Representative Franks represented the Eighth Congressional District, which is 

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located entirely within Maricopa County. The governor set February 27, 2018 as the date 

for the special primary election and April 24, 2018 as the date for the special general 

election. 

7. Under Arizona’s election code, candidates were required to file nominating 

petitions for the special primary election by January 10, 2018, and the deadline to file 

challenges to such nominating petitions was January 18, 2018. Ariz. Rev. Stat. § 16-

222(B).

8. The deadline for transmission of absentee ballots to UOCAVA voters who 

requested them at least 45 days before the special primary election was January 13, 2018. 

The deadline for transmission of absentee ballots to UOCAVA voters who requested 

them at least 45 days before the special general election is March 10, 2018.

9. On January 12, 2018, the day before the UOCAVA transmission deadline, 

Maricopa County election officials transmitted ballots (the “original ballots”) to all 

eligible UOCAVA voters who had requested them by that date.

10. Because of the possibility that changes to the ballot could result from challenges 

to a candidate’s nominating petition, Maricopa County election officials included a notice 

with the original ballots explaining that the list of candidates was not yet final due to 

potential candidate nomination petition challenges, and the final list of candidates would 

not be confirmed until January 25, 2018. The notice advised that an updated official 

ballot would be sent on that date. It further advised that voters could choose to vote the 

enclosed ballot, or wait for the updated ballot; but, if they voted the enclosed ballot and 

cast their vote for a candidate who was subsequently disqualified, they would not be able 

to vote a second ballot or change their vote.

11. Some of the UOCAVA voters to whom original ballots were sent on January 12, 

2018 received Republican Party, Libertarian Party, or Green Party ballots. No challenges 

were ultimately filed by the January 18, 2018 deadline to the candidates on the 

Republican Party, Libertarian Party, or Green Party ballots. Accordingly, on January 19, 

2018, Maricopa County election officials sent a second notice to those voters explaining 

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that no candidate petition challenge had been filed for the Republican, Libertarian or 

Green Party nomination. Therefore, eligible UOCAVA voters were notified that the 

ballot transmitted on January 12, 2018 had not changed and voters should cast that 

original ballot. The notice further advised that the UOCAVA voters should return their 

voted ballot so that it is received no later than 7:00 p.m. on Election Day, February 27, 

2018. 

12. Some of the UOCAVA voters to whom original ballots were sent on January 12,

2018 received Democratic Party ballots. These ballots (the “original Democratic 

ballots”) included the names of three candidates who had filed timely nominating 

petitions. Challenges were ultimately filed by January 18, 2018 to two of these three 

candidates. On January 23, 2018, a challenge to one of the Democratic Party candidates 

was sustained by a state court, and the candidate was ordered removed from the ballot. 

On January 23, 2018, Maricopa County election officials sent corrected ballots reflecting 

this change (the “corrected Democratic ballots”) to UOCAVA voters who had received 

original Democratic ballots. Along with the corrected Democratic ballots, election 

officials included a notice explaining that one of the candidates listed on the ballot mailed 

on January 12, 2018 had been removed pursuant to a court order. Therefore, the notice 

explained that the voter should cast a corrected ballot for the Democratic Party nominee, 

which was enclosed with the notice. The notice further advised the UOCAVA voters to 

vote the corrected ballot included with the notice and to return it so that it is received by

7:00 p.m. on Election Day, February 27, 2018. 

13. The corrected Democratic ballots were transmitted either electronically or by

postal mail based on the voters’ preferred transmittal method. All UOCAVA voters have 

the option to return their ballots by electronic upload, facsimile, or mail, regardless of 

their previously requested transmittal method. 

14. Under Arizona law, ballots returned by UOCAVA voters must be received by

7:00 p.m. on Election Day to be counted. See Ariz. Rev. Stat. §§ 16-547(C) and 

16-551(C). Accordingly, in order to be counted, the corrected Democratic ballots must

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be received by 7:00 p.m. on February 27, 2018, which is 35 days after the date of 

transmittal of the corrected ballots.

15. The inability of the State to transmit the final absentee ballots to UOCAVA 

voters receiving a Democratic Party ballot by the 45th day before the February 27, 2018 

special primary election for the House of Representatives violates Section 102(a)(8)(A) 

of UOCAVA, 52 U.S.C. § 20302(a)(8)(A). 

16. Furthermore, the notice sent to all UOCAVA voters for all parties on January 12 

along with the original ballots encouraged voters to await further notice to submit their 

ballots, and to await receipt of an “updated official ballot.” However, UOCAVA voters 

who received Republican Party, Libertarian Party, or Green Party ballots were never sent

an “updated official ballot,” and a second notice advising that there was no change to the 

ballot was not transmitted until January 19, 2018. To be counted, these original ballots 

must be received by February 27, 2018, which is 39 days after the date of transmittal of 

the second notice. As a result, these UOCAVA voters have been deprived of the 

meaningful opportunity to cast a ballot that UOCAVA’s 45-day transmission deadline 

seeks to ensure, which violates Section 102(a)(8)(A) of UOCAVA, 52 U.S.C. § 

20302(a)(8)(A).

17. An order of this Court is now necessary to require Defendants to take corrective 

action to protect the rights granted by UOCAVA and to ensure that UOCAVA voters 

have sufficient opportunity under Federal law to receive, mark, and return their absentee 

ballots in time to be counted for the February 27, 2018 special primary election for the 

House of Representatives, and in future special elections for Federal office. 

WHEREFORE, the United States asks this Court to hear this action pursuant to 52 

U.S.C. § 20307 and 28 U.S.C. §§ 1345 and 2201, and: 

(1) Issue a declaratory judgment under 28 U.S.C. § 2201 that Defendants’ 

inability to ensure that final absentee ballots were transmitted to UOCAVA 

voters at least 45 days in advance of the February 27, 2018 special primary 

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election for the House of Representatives violates Section 102(a)(8)(A) of 

UOCAVA, 52 U.S.C. § 20302(a)(8)(A); 

(2) Issue a declaratory judgment under 28 U.S.C. § 2201 that the provisions of 

the Arizona election code governing the schedule for special elections, to 

the extent they impede Defendants’ ability to transmit final absentee ballots 

to UOCAVA voters at least 45 days in advance of any special election for 

the House of Representatives, violate Section 102(a)(8)(A) of UOCAVA, 

52 U.S.C. § 20302(a)(8)(A); and

(3) Issue injunctive relief ordering the Defendants, their agents and successors 

in office, and all persons acting in concert with them:

(a) To take such steps as are necessary to ensure that UOCAVA voters 

have sufficient opportunity in accordance with UOCAVA to receive, 

mark, and return their ballots in time to have them counted for the 

2018 special primary and general election for the House of 

Representatives; 

(b) To take such steps as are necessary to afford UOCAVA voters 

affected by the Court’s order a reasonable opportunity to learn of the 

order; 

(c) To provide reports to the United States and the Court concerning the 

transmission, receipt, and counting of UOCAVA ballots for the 

2018 special primary and general election for the House of 

Representatives pursuant to this Court’s order; and

(d) To take such other steps as are necessary to ensure that Arizona 

conducts all future special elections for the House of Representatives 

in compliance with UOCAVA.

The United States further asks this Court to order such other relief as the interests 

of justice may require, together with the costs and disbursements of this action.

Case 2:18-cv-00505-DLR Document 1 Filed 02/14/18 Page 6 of 7
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Date: February 14, 2018

JOHN M. GORE 

Acting Assistant Attorney General 

Civil Rights Division 

/s/ David G. Cooper 

T. CHRISTIAN HERREN, JR.

ROBERT S. BERMAN

DAVID G. COOPER (NY Bar #4683371)

NEAL R. UBRIANI (NY Bar #5139217)

Attorneys, Voting Section

Civil Rights Division

U.S. Department of Justice

950 Pennsylvania Avenue, N.W.

Rm. 7254 NWB

Washington, D.C. 20530

Telephone: (202) 307-2767

Facsimile: (202) 307-3961

Email: david.cooper@usdoj.gov

Case 2:18-cv-00505-DLR Document 1 Filed 02/14/18 Page 7 of 7
2/14/2018 www.azd.uscourts.gov/cgi-bin/generate_civil_js44.pl

http://www.azd.uscourts.gov/cgi-bin/generate_civil_js44.pl 1/1

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Civil Cover Sheet

This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is

required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor

supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use only in the District of Arizona.

The completed cover sheet must be printed directly to PDF and filed as an attachment to the Complaint

or Notice of Removal.

Defendant(s): The State of Arizona ; Michele Reagan ,

Secretary of State

County of Residence: Maricopa

Defendant's Atty(s):

Plaintiff(s): United States of American

County of Residence: Outside the State of Arizona

County Where Claim For Relief Arose: Maricopa

Plaintiff's Atty(s):

David G. Cooper , Mr.

U.S. Department of Justice, Civil Rights Division

950 Pennsylvania Ave. NW, Rm. 7254 NWB

Washington, DC 20530

202-307-2767

Joseph E. La Rue , Mr.

Assistant Attorney General, State Government Division

2005 N. Central Ave.

Phoenix, Arizona 85007

602-542-1763

II. Basis of Jurisdiction: 1. U.S. Government Plaintiff

III. Citizenship of Principal Parties

(Diversity Cases Only)

Plaintiff:-N/A

Defendant:-N/A

IV. Origin :

V. Nature of Suit:

VI.Cause of Action:

1. Original Proceeding

441 Voting

Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq.

Inability to transmit ballots at least 45 days before election for federal office.

VII. Requested in Complaint

Class Action:No

Dollar Demand:

Jury Demand:No

VIII. This case is not related to another case.

Signature: David G. Cooper

 Date: 2/14/2018

If any of this information is incorrect, please go back to the Civil Cover Sheet Input form using the Back button in your browser and change it.

Once correct, save this form as a PDF and include it as an attachment to your case opening documents.

Revised: 01/2014

Case 2:18-cv-00505-DLR Document 1-1 Filed 02/14/18 Page 1 of 1
Supp CV Cover Sheet (rev 8/20/2015)

SUPPLEMENTAL CIVIL COVER SHEET

FOR CASES REMOVED FROM ANOTHER JURISDICTION

This form must be attached to the Civil Cover Sheet at the time

the case is filed in the United States District Clerk's Office

Additional sheets may be used as necessary.

1. Style of the Case:

Please include all Plaintiff(s), Defendant(s), Intervenor(s), Counterclaimant(s), Crossclaimant(s) and 

Third Party Claimant(s) still remaining in the case and indicate their party type. Also, please list the 

attorney(s) of record for each party named and include their bar number, firm name, correct mailing 

address, and phone number (including area code).

Party Party Type Attorney(s)

2. Jury Demand:

Was a Jury Demand made in another jurisdiction? Yes No

If "Yes," by which party and on what date?

3. Answer:

Was an Answer made in another jurisdiction? Yes No

If "Yes," by which party and on what date?

United States of America Plaintiff David G. Cooper (NY Bar # 4683371) 

Trial Attorney, Voting Section 

Civil Rights Division 

U.S. Department of Justice 

950 Pennsylvania Avenue, N.W., Rm. 7254 NWB 

Washington, D.C. 20530 

Telephone: (202) 307-2767

The State of Arizona Defendant Joseph E. La Rue (AZ Bar # 031348) 

Assistant Attorney General 

State Government Division 

2005 N. Central Avenue 

Phoenix, AZ 85007 

Telephone: (602) 542-1763 

Michele Reagan, Secretary of the State of Arizona, in 

her official capacity

Defendant Joseph E. La Rue (AZ Bar # 031348) 

Assistant Attorney General 

State Government Division 

2005 N. Central Avenue 

Phoenix, AZ 85007 

Telephone: (602) 542-1763 

Case 2:18-cv-00505-DLR Document 1-2 Filed 02/14/18 Page 1 of 2
Supp CV Cover Sheet (rev 8/20/2015)

4. Served Parties:

The following parties have been served at the time this case was removed:

Party Date Served Method of Service

5. Unserved Parties:

The following parties have not been served at the time this case was removed:

Party Reason Not Served

6. Nonsuited, Dismissed or Terminated Parties:

Please indicate changes from the style of the papers from another jurisdiction and the reason for the 

change:

Party Reason for Change

7. Claims of the Parties:

The filing party submits the following summary of the remaining claims of each party in this litigation:

Party Claims

Pursuant to 28 USC § 1446(a) a copy of all process, pleadings, and orders served in 

another jurisdiction (State Court) shall be filed with this removal.

Plaintiff United States of America Inability to transmit ballots at least 45 days before election, Uniformed 

and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq.

Case 2:18-cv-00505-DLR Document 1-2 Filed 02/14/18 Page 2 of 2