394 F.Supp.3d 966
D. Ariz.2019Background
- In Feb. 2016 Arizona Secretary of State Michele Reagan set the 2016 general-election voter-registration deadline as Monday, Oct. 10 (the 29th day before the election), which was Columbus Day (state/federal holiday).
- Post offices and the DMV were closed on Oct. 9–10; DMV also closed Oct. 8, so in-person and mail registration options were effectively unavailable on the statutory deadline date.
- Plaintiff David Isabel moved to Arizona and submitted voter registration at the DMV on Oct. 11, 2016 (one day after the published deadline); he was allowed only a provisional ballot, which county officials later did not count.
- Isabel sued under 42 U.S.C. § 1983 alleging violations of the NVRA, the HAVA, and Article I §2 (Qualifications Clause), and sought monetary damages; County Defendants moved to dismiss for lack of jurisdiction; the Secretary moved to dismiss for failure to state a claim.
- Court denied the County Defendants’ jurisdictional dismissal (standing, traceability, and notice arguments rejected) but granted the Secretary’s Rule 12(b)(6) dismissal: NVRA claims may not be pursued via § 1983 for money damages, HAVA does not require counting when state officials determine ineligibility, and the Qualifications Clause claim fails.
- Court granted Isabel leave to move for permission to amend to add a federal common-law claim but signaled likely futility for claims that rest on alleged disenfranchisement by the registration deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing/traceability (against County) | Isabel: County adopted/implemented policy invalidating ballots of Oct.11 registrants, so his uncounted ballot is traceable to County action | County: Deadline set by Secretary; County merely followed statewide directive and lacked authority to set deadline | Court: Isabel has standing; County implementation is a non-attenuated link in causation and redress via damages is available |
| NVRA enforcement and remedy vehicle | Isabel: NVRA creates enforceable rights and its savings clause permits §1983 enforcement and damages | Secretary: NVRA provides express private remedy (declaratory/injunctive relief) and legislative history shows Congress did not authorize monetary damages; §1983 is precluded | Court: NVRA claims cannot be pursued under §1983 for money damages; NVRA’s remedial scheme and limits preclude §1983 damages relief |
| HAVA provisional-ballot counting | Isabel: His provisional ballot should have been counted because he was (or should be treated as) eligible under state law | Secretary: HAVA defers eligibility/counting decisions to state officials; Isabel failed to timely register under the state deadline and was therefore ineligible | Court: HAVA §302(a)(4) requires a state/local official’s determination of eligibility; because state official determined ineligibility, HAVA claim fails |
| Qualifications Clause (Article I §2) | Isabel: Secretary’s actions denied him the right to have his ballot counted for federal office despite being a qualified voter | Secretary: Registration deadlines are permissible temporal rules, not disenfranchisement | Court: Claim fails — Qualifications Clause ties federal elector qualifications to state elector qualifications; Isabel was treated the same for state and federal offices, and Rosario/Barilla show deadline-based failures are not constitutional disenfranchisement |
Key Cases Cited
- Hein v. Freedom from Religion Found., 551 U.S. 587 (Sup. Ct.) (standing requires injury fairly traceable to defendant and redressable)
- Simon v. Eastern Ky. Welfare Rights Org., 426 U.S. 26 (Sup. Ct.) (injury cannot result from independent action of third party not before the court)
- Maya v. Centex Corp., 658 F.3d 1060 (9th Cir.) (Article III traceability threshold less rigorous than proximate cause; need plausible causal chain)
- Barnum Timber Co. v. U.S. EPA, 633 F.3d 894 (9th Cir.) (plaintiff need not eliminate other contributing causes to establish standing)
- Kurtz v. Baker, 829 F.2d 1133 (D.C. Cir.) (defendant lacking authority to cause harm may defeat traceability)
- City of Rancho Palos Verdes v. Abrams, 544 U.S. 113 (Sup. Ct.) (statutory remedial scheme may preclude §1983; presumption of §1983 availability is rebuttable)
- Middlesex County Sewerage Auth. v. Nat’l Sea Clammers Ass’n, 453 U.S. 1 (Sup. Ct.) (savings clauses do not necessarily preserve §1983 remedies when statute provides comprehensive enforcement scheme)
- Herman & MacLean v. Huddleston, 459 U.S. 375 (Sup. Ct.) (context where savings clause and longstanding judicial interpretation supported cumulative remedies in securities laws)
- Rosario v. Rockefeller, 410 U.S. 752 (Sup. Ct.) (time limits on registration/enrollment are not necessarily unconstitutional disenfranchisement)
- Barilla v. Ervin, 886 F.2d 1514 (9th Cir.) (upholding registration deadline; voters’ failure to register in time caused their inability to vote)
- Sandusky Cty. Democratic Party v. Blackwell, 387 F.3d 565 (6th Cir.) (HAVA creates provisional-ballot framework but delegates counting/eligibility determinations to states)
- Carey v. Piphus, 435 U.S. 247 (Sup. Ct.) (actions for damages available for wrongful deprivations of voting rights)