714 F.Supp.3d 1099
D.N.D.2024Background
- Mark Splonskowski, Burleigh County Auditor, brought suit against Erika White, State Election Director of North Dakota, alleging a conflict between North Dakota's absentee ballot rules and federal election law.
- North Dakota allows absentee ballots postmarked the day before election day and received before the canvassing board meets (13 days after election day) to be counted, while federal law sets election day as the operative date for federal elections.
- Splonskowski claimed following state law would violate federal law and expose him to criminal liability under state law, while following federal law would violate his duties under state law.
- He sought a declaratory judgment that the state law is preempted by federal law and an injunction against enforcement.
- Defendant White moved to dismiss for lack of jurisdiction (standing) and failure to state a claim.
- The League of Women Voters sought to intervene, but this became moot due to dismissal for lack of standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing – Injury in Fact | Faces real threat of criminal prosecution | Risk is speculative; injury is not actual or imminent | No standing; injury too speculative |
| Pre-enforcement Review | Sufficient risk under conflicting state/federal laws | Must challenge the enforcement statute itself | Plaintiff did not challenge enforcement statute |
| Oath-of-Office Standing | Oath to uphold U.S. Constitution creates standing | Oath does not create particularized injury | No "oath-of-office" standing |
| Causation & Redressability | White’s role and training are direct causes | She has no enforcement authority; injury not traceable | No causation; no redress from claim against White |
Key Cases Cited
- Simon v. Eastern Ky. Welfare Rights Organization, 426 U.S. 26 (judicial power limited to actual cases or controversies)
- Spokeo, Inc. v. Robins, 578 U.S. 330 (articulates elements of constitutional standing)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (sets out standing requirements: injury, causation, redressability)
- Susan B. Anthony List v. Driehaus, 573 U.S. 149 (sets parameters for pre-enforcement review standing)
- Warth v. Seldin, 422 U.S. 490 (pleading requirements for standing)
- Sierra Club v. Kimbell, 623 F.3d 549 (concreteness and particularity of injury in fact)