League of Women Voters v. Brian Newby
2016 U.S. App. LEXIS 17463
| D.C. Cir. | 2016Background
- The National Voter Registration Act (NVRA) requires states to accept a federally prescribed mail voter registration form (the "Federal Form") and limits that form to information "necessary" to assess eligibility. 52 U.S.C. § 20508(b)(1).
- Several states (Alabama, Georgia, Kansas) enacted laws requiring documentary proof of U.S. citizenship to register; those states requested that the Election Assistance Commission (EAC) add their proof-of-citizenship requirements to the Federal Form.
- On Jan. 29, 2016, the EAC Executive Director Brian Newby approved state-specific instructions for those three states reflecting the proof-of-citizenship requirements (the "Newby Decisions").
- Voting-rights organizations (including Leagues of Women Voters) and two individuals sued under the Administrative Procedure Act seeking to enjoin the Newby Decisions; the district court denied a preliminary injunction for lack of irreparable harm.
- On expedited appeal, the D.C. Circuit reversed, granting a preliminary injunction preventing the Commission (and agents) from giving effect to the Newby Decisions and ordering restoration of the prior Federal Form status quo pending final disposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Irreparable harm / standing of organizations | Leagues: Newby Decisions will "perceptibly impair" registration programs, likely causing irreversible disenfranchisement before election deadlines | Intervenors: harms are speculative, local affiliates (not national org) do drives; injuries are monetary/administrative, not irreparable | Court: Organizations showed imminent, programmatic injury that is difficult to remediate before registration deadlines → irreparable harm established |
| Merits — APA review (arbitrary & capricious) | Newby: failed to assess whether additions were "necessary" under §20508(b)(1); explicitly said necessity was irrelevant → abused discretion | Intervenors: EAC/Executive Director permissibly deferred to states; statute ambiguous | Court: Newby failed to make the statutorily required "necessary" finding; decision likely arbitrary and capricious |
| Statutory interpreter — who decides "necessary": Commission or states? | Plaintiffs: NVRA assigns development of Federal Form to Commission; §20508(b)(1) limits content — Commission must determine necessity | Intervenors/Kansas: states should determine what is necessary for their qualifications; EAC should defer | Court: NVRA and Supreme Court precedent (ITCA) assign the Commission, not the states, the role of determining necessity; states may request changes but must show necessity under APA review |
| Balance of equities & public interest | Plaintiffs: strong public interest in maximizing eligible voters and preventing disenfranchisement; unlawful agency action should not persist | Intervenors: states have compelling interest in election integrity and preventing non-citizen registration; injunction causes administrative burden/confusion | Court: equities and public interest favor injunction — risk of disenfranchising eligible voters and enforcing potentially unlawful agency action outweighs speculative fraud and administrative burdens |
Key Cases Cited
- Arizona v. Inter Tribal Council of Ariz., Inc., 133 S. Ct. 2247 (2013) (NVRA limits states from adding requirements to Federal Form; Commission must review state requests and necessity)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008) (standard for preliminary injunction requires likelihood of success, irreparable harm, balance of equities, public interest)
- Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (1983) (agency must examine relevant data and articulat e rational connection between facts and decision; arbitrary and capricious standard)
- Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290 (D.C. Cir. 2006) (standing and irreparable harm principles for organizational plaintiffs)
- Kobach v. U.S. Election Assistance Comm'n, 772 F.3d 1183 (10th Cir. 2014) (review of prior denials of state requests to modify Federal Form under NVRA)
- League of Women Voters of N.C. v. North Carolina, 769 F.3d 224 (4th Cir. 2014) (irreparable harm where registration deadlines make relief impossible after the fact)
- Purcell v. Gonzalez, 549 U.S. 1 (2006) (public interest in minimizing judicially-caused election confusion and protecting right to vote)
- SEC v. Chenery Corp., 332 U.S. 194 (1947) (courts may not supply post hoc rationalizations for agency action)