Colon-Marrero v. Conty-Perez
703 F.3d 134
| 1st Cir. | 2012Background
- Plaintiff, an otherwise qualified Puerto Rico voter, was removed from the voter registration roll for not voting in the 2008 general election under Article 6.012 of Puerto Rico Law No. 78.
- She sought a preliminary injunction to reinstate her registration ahead of the November 6, 2012 election.
- The First Circuit previously affirmed denial of relief to reinstate over 300,000 voters and remanded for fact-finding on feasibility.
- The district court held a 16-hour evidentiary hearing, producing findings that reinstatement for the general election could be feasible with proper procedures.
- The majority concluded NVRA does not apply to Puerto Rico, and remanded for further proceedings consistent with that view; the dissent disagreed about relief and authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NVRA applies to Puerto Rico | Plaintiff contends NVRA covers Puerto Rico | Defendant argues NVRA excludes Puerto Rico from its State definition | NVRA does not apply to Puerto Rico |
| Whether HAVA supports reinstating voters in Puerto Rico | Plaintiff argues HAVA supports reinstatement for Resident Commissioner | Defendant contends HAVA does not mandate PR local election reinstatement | HAVA includes Puerto Rico but its scope for local offices is unsettled; not granted here |
| Scope of relief—Resident Commissioner vs general election | Plaintiff sought reinstatement for Resident Commissioner voting | Defendant argues broader or different relief would disrupt elections | Court limited potential relief and remanded for district court fact-finding on feasibility of PR-only residency reinstatement |
| Timing and irreparable harm considerations for an injunction near election | Plaintiff claimed irreparable harm and urgent need for relief | Defendant emphasized potential disruption and timing risks | Issued relief would be improvident; remanded for further proceedings; on the eve of an election, injunction not warranted |
Key Cases Cited
- Acosta-Martinez v. Puerto Rico, 252 F.3d 13 (1st Cir. 2001) (default rule applies federal laws to Puerto Rico; NVRA/HAVA contexts cited)
- Purcell v. Gonzalez, 549 U.S. 1 (U.S. 2006) (election-related injunctions carry risk of voter confusion)
- Sw. Voter Registration Educ. Project v. Shelley, 344 F.3d 914 (9th Cir. 2003) (on the eve of elections, relief may cause public harm)
- Crowley v. Nevada ex rel. Nevada Sec’y of State, 678 F.3d 730 (9th Cir. 2012) (HAVA applicability to elections including federal offices)
- ACLU v. Santillanes, 546 F.3d 1313 (10th Cir. 2008) (federal interests and election administration context)