214 F. Supp. 3d 961
D. Nev.2016Background
- Plaintiffs are members of the Pyramid Lake Paiute Tribe (PLPT) and Walker River Paiute Tribe (WRPT) who live on reservations in Washoe and Mineral Counties, Nevada; they challenge lack of nearby in-person voter registration, early in-person voting, and election-day polling facilities.
- Plaintiffs seek a preliminary injunction requiring additional in-person registration sites and early/election-day polling locations in Nixon (PLPT) and Schurz (WRPT). Defendant counties and the Nevada Secretary of State oppose relief.
- Travel distances: Nixon to nearest Washoe early-vote site ~32 miles one-way (64-mile roundtrip); Schurz to Mineral County seat Hawthorne ~34 miles one-way (68-mile roundtrip); Wadsworth election-day site is ~16 miles from Nixon.
- Plaintiffs presented survey evidence and expert report on turnout effects of distance; defendants challenged admissibility and methodology; the court admitted evidence for preliminary-injunction purposes but afforded limited weight to some survey items.
- Court concluded plaintiffs lacked standing to seek additional in-person registration sites (all named plaintiffs already registered and showed no need to update registration) but found plaintiffs likely to succeed on Section 2 claims regarding early in-person voting in Nixon and Schurz and election-day in-person voting in Nixon.
- Court granted preliminary injunctions for early in-person voting in Nixon and Schurz and for election-day in-person voting in Nixon; denied injunction for in-person voter registration in both locations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to seek in-person voter registration sites | Plaintiffs need local in-person registration access on reservations; absence burdens voting opportunities | All named plaintiffs are already registered, so no concrete injury from lack of registration sites | No standing; injunction for registration denied |
| Section 2 claim — early in-person voting access | Distance to early-vote sites plus socioeconomic and historical disadvantages cause disparate burden on Native voters, abridging voting rights | Voting-by-mail and practical constraints justify current site placement; no intentional discrimination required to defeat claim | Likely success on Section 2 for both PLPT (Nixon) and WRPT (Schurz); injunction for early voting granted |
| Section 2 claim — election-day polling access (Nixon) | Single on-reservation election-day site is still far for many Nixon residents and burdens voting, especially given transportation and economic barriers | Shorter distance and single-day availability make burden less significant; logistical/state constraints | Court finds likely success for PLPT on election-day claim in Nixon; injunction granted for election-day site in Nixon |
| Equitable factors for preliminary relief (irreparable harm, balance, public interest) | Abridgement of voting rights is irreparable; public interest favors broad access; hardships on counties are financial/logistical but not dispositive | Counties cite costs and administrative strain, possible election disruption | Irreparable harm and public interest favor injunction; balance of hardships neutral; overall injunctions granted in part |
Key Cases Cited
- Winter v. Natural Res. Def. Council, 555 U.S. 7 (establishes the preliminary injunction standard requiring likelihood of success, irreparable harm, balance of hardships, and public interest)
- Earth Island Inst. v. Carlton, 626 F.3d 462 (9th Cir.) (preliminary injunction is an extraordinary equitable remedy)
- All. for the Wild Rockies v. Cottrell, 632 F.3d 1127 (9th Cir.) (sliding-scale approach for injunctions where serious questions on merits exist)
- Bernhardt v. Los Angeles Cty., 339 F.3d 920 (9th Cir.) (definition of "serious questions" in injunction context)
- Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Mgmt., Inc., 618 F.3d 1025 (9th Cir.) (survey evidence admissible if conducted by accepted principles; methodological flaws affect weight)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (standing requires concrete injury, causation, redressability)
- League of Women Voters of N. C. v. North Carolina, 769 F.3d 224 (4th Cir.) (discussing disparate burdens in vote-access cases under Section 2)
- Thornburg v. Gingles, 478 U.S. 30 (discusses Senate factors and totality-of-circumstances analysis under Section 2)
- Chisom v. Roemer, 501 U.S. 380 (abridgement of opportunity to participate in political process can establish Section 2 violation)
- United States v. Blaine Cty., 363 F.3d 897 (9th Cir.) (Section 2 liability without showing discriminatory intent by specific defendants)