Lunde v. Schultz

221 F. Supp. 3d 1095, 2014 U.S. Dist. LEXIS 196965, 2014 WL 12573006
CourtDistrict Court, S.D. Iowa
DecidedApril 17, 2014
DocketNO. 4:14-cv-00108-SMR-HCA
StatusPublished

This text of 221 F. Supp. 3d 1095 (Lunde v. Schultz) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lunde v. Schultz, 221 F. Supp. 3d 1095, 2014 U.S. Dist. LEXIS 196965, 2014 WL 12573006 (S.D. Iowa 2014).

Opinion

ORDER ON DEFENDANTS’ MOTION TO DISMISS AND PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION ,

STEPHANIE M. ROSE, U.S. DISTRICT COURT JUDGE

Before the Court are two pending motions: (1) Plaintiff Paul David Lunde’s (“Plaintiff’) Second Motion for Preliminary Injunction, filed March 24, 2014 [ECF No. 4]; and (2) Defendants Matt Schultz’s (“Secretary Schultz”' or “Defendant”) and the State of Iowa’s pre-answer Motion to Dismiss for Lack of Jurisdiction (“Motion to Dismiss”), filed April 11, 2014 [ECF No. 12]. Both parties have responded to the respective motions. [ECF Nos. 13, 14]. On April 14, 2014, the Court held oral argument on both pending motions, and both parties declined to submit additional briefing. [ECF No. 16]. Both matters are fully submitted.

I. PLAINTIFF’S COMPLAINT

Plaintiff filed nomination papers with the Secretary of State of the State of Iowa to be included as a Republican candidate for United States Senator on the June 3, 2014 primary ballot. Compl. at 1-2, [ECF No. 1]. The filing deadline for nominations lapsed on March 14, 2014, the same day Plaintiff filed his papers. Id. at 4. Plaintiffs nomination papers were rejected, however, because Plaintiff failed' to gather a sufficient number of signatures in support of his nomination, as required by Iowa law. Id. at 1; see Iowa Code § 43.20 (requiring nomination papers be signed by [1098]*1098eligible electors by “at least one percent of the voters of the candidate’s party, in each of at least ten counties of the state, and in the aggregate not less than one-half of one percent of the total vote of the candidate’s party in the state, as shown by the last general election”). Under § 43.20, and based on the voter turnout from the 2012 general election, Plaintiff was required to file nomination papers containing an aggregate number of signatures totaling 3,654.

Plaintiff alleges he failed to obtain the requisite number of signatures because the Republican County Chairs of larger counties did not aid him in gathering or furnishing signatures of Republican voters. Compl. at 3. Plaintiff states “that the apparent lack of cooperation in furnishing signatures might be related to Plaintiffs position with respect to the abortion issue,” specifically Plaintiffs “pro-choice” stance. Id. at 3-4. Plaintiff contends his failure to obtain the requisite number of signatures was due, in part, to the County Chairs’ refusals to assist him. Id. at 6.

Accordingly, Plaintiff makes three primary arguments in his Complaint.1 First, Plaintiff argues the portion of Iowa Code § 43.20 requiring candidates obtain signatures of not less than one-half of one percent of the total vote of the candidate’s party in the state (hereinafter the “aggregate requirement”) violates Article I, Section 3 of the United States Constitution (“Qualifications Clause”) by adding an additional qualification to be a U.S. Senator. Compl. at 1. Second, Plaintiff contends the aggregate requirement is unconstitutional as applied to him because the Republican County Chairs allegedly declined to furnish signatures to Plaintiff due to his “pro-choice” stance on abortion, thereby submitting Plaintiff to a “religious test” in violation of Article VI of the Constitution. Id. at 2-5. Finally, Plaintiff argues § 43.20 violates the Equal Protection Clause by requiring more signatures be obtained by a party candidate than is required of a nonparty or third party candidate. Pi’s Br. Second Mot. for Temp. Rest. Order at 1-3, [ECF No. 10-4, at 1-3].

II. DEFENDANTS’ MOTION TO DISMISS

Defendants advance several arguments in support of then- Motion to Dismiss, including allegations that the Court lacks subject matter jurisdiction to entertain Plaintiffs claims and that the Complaint fails to state a claim on which relief can be granted. With respect to the issue of jurisdiction, Defendants contend: (1) exclusive jurisdiction to address Plaintiffs Complaint lies in Iowa state court pursuant to the Iowa Administrative Procedure Act (“LAPA”);2 and (2) Plaintiffs Complaint is moot as it cannot be resolved prior to the June 3, 2014 primary election.3 Defendants [1099]*1099also contend Plaintiffs Complaint fails to state a claim upon which relief can be granted and should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6).

Because Defendants’ Motion to Dismiss was filed pursuant to both Rule 12(b)(1) and 12(b)(6), the Court finds it prudent to distinguish between the materials relied upon in ruling on each portion of Defendants’ Motion to Dismiss. Defendants have submitted an affidavit of Sarah Reisetter, Iowa Director of Elections, in support of its Rule 12(b)(1) Motion. [ECF No. 16]. The Court is permitted to consider this affidavit in ruling on Defendants’ claim that the Court lacks subject matter jurisdiction. See Johnson v. United States, 634 F.3d 958, 964 (8th Cir. 2008) (“Trial courts have wide discretion to allow affidavits, other documents, and a limited evidentiary hearing to resolve disputed jurisdictional facts under Rule 12(b)(1).”) (internal quotation marks and citation omitted).

Plaintiff has filed an affidavit and copies of email communications in resistance to Defendants’ Motion to Dismiss. [ECF No. 17]. Having reviewed these documents, the Court has determined they are relevant to Plaintiffs resistance to the Rule 12(b)(6) portion of Defendants’ Motion to Dismiss. The Court declines to consider Plaintiffs affidavit and email communications because they are extraneous to the Complaint, and consideration of these materials would convert Defendants’ Motion to Dismiss into a motion for summary judgment. Fed. R. Civ. P. 12(d); see Barron ex rel. D.B. v. South Dakota Bd. of Regents, 655 F.3d 787, 792 (8th Cir. 2011) (acknowledging that consideration of a plaintiffs affidavit in opposition to a motion to dismiss converts the motion to one for summary judgment); Sebrite Agency, Inc. v. Platt, 884 F.Supp.2d 912, 916 (D. Minn. 2012) (declining to consider affidavits and other materials outside the amended complaint). Accordingly, the Court has not and will not consider Plaintiffs additional materials in ruling on Defendants’ Motion to Dismiss, made pursuant to Rule 12(b)(6).

III. JURISDICTIONAL ISSUES

A. Iowa Administrative Procedures Act

Defendants contend the rejection of Plaintiffs nomination papers is an administrative decision by a state agency, and Plaintiff now seeks judicial review of that decision. Defs’ Br. at 4-6. Accordingly, Defendants argue Plaintiffs sole avenue of judicial review for his claims is governed by the IAPA, which provides that such claims must be brought before a state [1100]*1100district court.

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Bluebook (online)
221 F. Supp. 3d 1095, 2014 U.S. Dist. LEXIS 196965, 2014 WL 12573006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lunde-v-schultz-iasd-2014.