Padilla v. Lever

429 F.3d 910, 2005 WL 3116642
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 22, 2005
Docket03-56259
StatusPublished
Cited by3 cases

This text of 429 F.3d 910 (Padilla v. Lever) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Padilla v. Lever, 429 F.3d 910, 2005 WL 3116642 (9th Cir. 2005).

Opinions

Opinion by Judge PREGERSON; Dissent by Judge CANBY.

PREGERSON, Circuit Judge.

Plaintiffs, residents and registered voters in the Santa Ana Unified School District (“SAUSD”) whose primary language is Spanish, appeal the district court’s dismissal of their lawsuit, filed pursuant to the Voting Rights Act of 1965, 42 U.S.C. § 1973aa-1a(c). Plaintiffs’ suit sought declaratory and injunctive relief against the Orange County elections officials charged with overseeing the recall election process in the SAUSD because the officials failed to ensure that petitions in the recall of School Board Member Nativo Lopez were provided in Spanish as well as English. For the reasons set forth below, we reverse.

Factual and Procedural Background

In March 2002, defendant Vivian Martinez,[912]*9121 along with ten other individuals, initiated a recall process against Santa Ana Unified School District (“SAUSD”) Board Member Nativo Lopez. Martinez and the other recall proponents (“Recall Proponents”) are private citizens, and all are registered voters of the SAUSD.

Pursuant to California Elections Code section 11000 et seq., the Recall Proponents drafted and printed a Notice of Intention to Circulate Recall Petition (“Notice of Intention”). The Notice of Intention included a statement of the grounds for the recall, and was printed only in English. The Recall Proponents filed the Notice of Intention with the Orange County Registration and Elections Department (the “Orange County Elections Department”) and a copy was served on Lopez on March 25, 2002. In response to the Notice of Intention, Lopez filed an Answer with the Orange County Elections Department, which he also served on the Recall Proponents. Lopez’s Answer was printed only in English.

After receiving Lopez’s Answer, the Recall Proponents drafted a-Petition for Recall (“Recall Petition”) pursuant to the California Secretary of State’s regulations and to conform to the requirements of the California Elections Code. The Recall Petition included a request to hold an election to replace Lopez, the Notice of Intention (including a statement of the reasons for the recall), and Lopez’s Answer. Except for Lopez’s Answer (which was drafted by Lopez), the Recall Proponents drafted the contents of the Recall Petition, in adherence to the statutory content requirements and using the format provided by the Secretary of State. This draft Recall Petition was in English only.

As required by Elections Code section 11042, the Recall Proponents filed two blank copies of the Recall Petition with the Orange County Elections Department, along with a proof of publication of the Notice of Intention, for elections officials to ascertain whether the Recall Petition conformed to the proper format and applicable election law. See Cal. Elec.Code § 11042(a). The Orange County Elections Department reviewed the proposed form and wording of the petition to recall Lopez and concluded that the petition conformed to the requirements of the California Elections Code. Thus, elections officials authorized the proposed Recall Petition for circulation. The Recall Petition was printed only in English and elections officials did not require translation into Spanish. The final Recall Petition was printed at the Recall Proponents’ expense and was printed only in English.

In April 2002, the Recall Proponents circulated the Recall Petition and began obtaining signatures. On September 12, 2002, the Recall Proponents submitted signed petitions to the Orange County Elections Department. Orange County elections officials Rosalyn Lever and Suzanne Slupsky verified the petition signatures and determined that sufficient signatures had been obtained to hold a recall election. Two weeks later, Lever issued a Certificate of Sufficiency of Signatures on Recall Petition, thereby confirming that the signed petitions contained sufficient signatures to support a recall election.

After certifying the petition signatures, SAUSD called for the recall election to be held on February 4, 2003. The election [913]*913would determine whether Lopez should be recalled and, if so, who would be his successor. In addition to defendant Martinez, four other candidates appeared on the recall ballot.

On December 12, 2002, Sandra Padilla and other residents and registered voters in the SAUSD whose primary language is Spanish, filed suit seeking injunctive and declaratory relief against Orange County elections officials Lever and Slupsky,2 who were charged with overseeing the recall. Plaintiffs’ suit alleged that the Recall Petition violated section 203, 42 U.S.C. § 1973aa-1a, of the 1965 Voting Rights Act, which requires that voting materials in certain voting districts be distributed in specified minority languages as defined by the Voting Rights Act and by U.S. Attorney General Regulations. Plaintiffs sought an injunction prohibiting the Orange County Elections Department from taking any steps to proceed with the recall election and requiring translation of the Recall Petition into Spanish as required by section 203. Eight days later, plaintiffs moved for a temporary restraining order, seeking to restrain defendants Lever and Slupsky from conducting the February 4, 2003 recall election.

In their suit, plaintiffs allege that because defendants failed to require translation of the Recall Petition, plaintiffs signed the circulated petitions without being aware that they were signing a petition to recall Lopez. According to plaintiffs, the petitions they signed were printed only in English and petition circulators misrepresented the purpose of the petition. Specifically, plaintiffs charge that petition signature collectors told them that the petition was merely a form to request additional information and was not, in fact, a petition to recall Lopez.

The district court denied plaintiffs’ request for a temporary restraining order on December 24, 2004, concluding that plaintiffs failed to show that they were likely to succeed on the merits and failed to raise the existence of serious questions going to the merits. On January 10, 2003, the district court denied plaintiffs request for a preliminary injunction.3 On February 21, 2003, the district [914]*914court granted defendant Martinez’s Rule 12(b)(6) motion and dismissed plaintiffs’ suit against Martinez, with prejudice. Finally, on June 16, 2003, the district court granted remaining defendants Lever and Slupsky’s motion for Judgment on the Pleadings under Rule 12(c), dismissing plaintiffs’ suit with prejudice. Relying on Montero v. Meyer, 861 F.2d 603 (10th Cir. 1988), and Delgado v. Smith, 861 F.2d 1489 (11th Cir.1988), the district court concluded that the Recall Petition was not governed by section 203 of the Voting Rights Act because it was not “provided by” the Orange County elections officials and because it was not material or information “relating to the electoral process,” see 42 U.S.C. § 1973aa-1a. Plaintiffs appeal.4

Discussion

I. Standard of Review

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re County of Monterey Initiative Matter
427 F. Supp. 2d 958 (N.D. California, 2006)
Tippett v. Tippett (In Re Trippett)
338 B.R. 82 (Ninth Circuit, 2006)
Padilla v. Lever
429 F.3d 910 (Ninth Circuit, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
429 F.3d 910, 2005 WL 3116642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padilla-v-lever-ca9-2005.