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Informing Independent Voters of the Right to Vote in a Presidential Primary Election

Robert Timothy Reagan
November 2, 2023

Voting Rights Defense Project v. Depuis (William Alsup, N.D. Cal. 3:16-cv-2739)
A federal complaint filed eighteen nights before a primary election accused election officials in two counties of not adequately informing independent voters of their rights to vote in some parties’ presidential primary elections. A week later, the plaintiffs sought to shorten time on a motion for a preliminary injunction, but they did not file their injunction motion until the district judge brought the deficit to their attention. Six days before the election, the judge held a hearing and denied immediate relief. On the one hand, the plaintiffs waited too long to achieve effective relief. On the other hand, there was only a weak showing of federal jurisdiction.
Subject: Voting procedures. Topics: Matters for state courts; laches; primary election; party procedures; early voting; case assignment.

One of many Case Studies in Emergency Election Litigation.