Federal Judicial Center Operational Status:

Due to a lapse in appropriations, the Federal Judicial Center (Center) has ceased all non-excepted activities until funding is restored.

The Center will post any changes in operational status on this web page. Please check back for updates.

You are here

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.