Sanchez v. Cegavske

214 F. Supp. 3d 961, 101 Fed. R. Serv. 842, 95 Fed. R. Serv. 3d 842, 2016 U.S. Dist. LEXIS 144838, 2016 WL 5936918
CourtDistrict Court, D. Nevada
DecidedOctober 7, 2016
DocketCase No. 3:16-cv-00523-MMD-WGC
StatusPublished
Cited by2 cases

This text of 214 F. Supp. 3d 961 (Sanchez v. Cegavske) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez v. Cegavske, 214 F. Supp. 3d 961, 101 Fed. R. Serv. 842, 95 Fed. R. Serv. 3d 842, 2016 U.S. Dist. LEXIS 144838, 2016 WL 5936918 (D. Nev. 2016).

Opinion

ORDER

(Pls.’ Motion for Preliminary Injunction— ECF No. 26.)

MIRANDA M. DU, UNITED STATES DISTRICT JUDGE

I. SUMMARY

Plaintiffs bring this action to challenge the alleged abridgment of a fundamental right — the right to vote and in particular, to have equal access to early in-person voting and election day in-person polling— protected under Section 2 of the Voting Rights Act. Before the Court is an emergency Motion for Preliminary Injunction (“Motion”) filed by Plaintiffs Bobby D. Sanchez, Vinton Hawley, Johnny Williams [966]*966Jr., Robert James, and Ralph Burns. (ECF No. 26.) The Motion seeks preliminary relief from three defendants, Barbara K. Cegavske, the Nevada Secretary of State1, Washoe County, and Mineral County.2 Defendants have each filed responses opposing Plaintiffs’ request. (ECF Nos. 37, 38, 39.) Plaintiffs filed three respective replies. (ECF No. 44, 45, 46.) The Department of Justice, Civil Rights Division, pursuant to 28 U.S.C. § 517, filed a notice of interest on behalf the United States for the limited purpose of clarifying the legal standard under Section 2 of the Voting Rights Act (“VRA”). (ECF No. 43.)

The Court heard oral argument on September 4, 2016. (ECF No. 55.) The Court admitted certain of Plaintiffs’ exhibits, and provisionally admitted Plaintiffs’ Exhibits (“Ex” or “Exs.”) 29, 30, 31, 32, 58, 59, 60 and 61 over defendants’ objections. (Id.)

For the reasons discussed below, the Motion is granted in part and denied in part. The Motion is granted with respect to Plaintiffs’ request for early in-person voting in Nixon and Schurz. The Motion is also granted with respect to Plaintiffs’ request for election day in-person voting in Nixon. The Motion is denied with respect to Plaintiffs’ request for in-person voter registration in Nixon and Schurz.

II. BACKGROUND

A. Plaintiffs’ Claims

Plaintiffs, members of the Pyramid Lake Paiute Tribe (“PLPT”) and Walker River Paiute Tribe (“WRPT”), brought this suit under Section 2 of the Voting Rights Act (“Section 2”), the Equal Protection Clause of the Fourteenth Amendment, and the Nevada Constitution. (ECF No. 10 at 28-30.) Plaintiffs are registered voters and reside in either Schurz (WRPT’s capítol) or Nixon (PLPT’s capítol), except for Plaintiff Hawley who resides in Wads-worth (ECF No. 57) and Plaintiff James who resides about eight miles north of Wadsworth.

Plaintiffs allege that defendants’ failure to provide in-person voter registration, early voting, and election day polling locations on their reservations’ capitols ,in Washoe and Mineral counties — where most of their members reside — amounts to unlawful burdens on PLPT and WRPT members’ right to vote. (Id.) Plaintiffs request an injunction requiring Defendants to open an additional in-person registration site in Nixon and Schurz, an additional early polling location in Nixon and Schurz, and an additional election day polling location in Nixon. (ECF No. 26 at 9.)

B. Voting in Nevada

Nevada voters may register for the November 2016 elections in person at certain designated locations, by mail, or online until October 8, 2016. Between October 9 and 18, voters may only register in person. (ECF No. 38 at 5 (citing NRS Chapter 293).) Online registration requires a driver’s license or ID issued by the Nevada [967]*967Department of Motor Vehicles. A tribal identification card is not sufficient for online registration. (ECF No. 26 at 9.)

Nevada adopted in-person early voting in 1993. (ECF No. 38 at 5.) In passing early voting legislation, the Nevada Legislature intended to make voting more accessible to more people, increase participation, make voting more convenient, allow more accurate and efficient ballot counts, reduce administrative costs, and create a more informed and thoughtful electorate. (Id. (citing Legislative History of SB 250 (1993)).)

County clerks are charged with establishing criteria for the location of both permanent and temporary early polling locations. NRS § 293.3561. The clerk must then publish and distribute the locations, dates, and hours of operation for early polling locations at least one week prior to the early voting period. NRS § 293.3576. The Secretary of State must approve security provisions for early voting, and the county is responsible for securing voting machines during the early voting period. NRS § 293.3594.

Election day polling locations are governed by NRS §§ 293.270-293.307. These provisions do not set out criteria for establishing the location of polling places, but as Washoe County points out, locations are subject to practical limitations such as ADA compliance, internet availability, size, and consent of the property owners. (ECF No. 38 at 7-8.)

C. Washoe County

Washoe County’s Registrar of Voters assumes the election duties imposed on the county clerk by state law. (ECF No. 38 at 4.) The Registrar’s Office is located in Reno and has six full time employees. (Id.) The Registrar’s Office is the sole in-person registration location in Washoe County after October 8. (Id. at 5.)

The only permanent early polling location in Washoe County is the Registrar’s Office, however Washoe County also operates 21 other temporary early polling locations. (ECF No. 38-1 ¶¶ 8, 9.) The only practical difference between the permanent and temporary locations is the permanent location’s hours are governed by statute while Washoe County has discretion over the hours of the temporary locations. (Id.) The early voting locations are spread throughout Reno, Sparks, Incline Village, and Sun Valley. (ECF No. 38-2.) All but one early polling location are located in the same places they were during the 2016 primary. (ECF No. 38-1 ¶ 10.)

The Pyramid Lake Paiute Reservation is located northeast of Reno, and spreads across three Nevada counties, including Washoe. (ECF No. 11 ¶6.)3 The tribal capitol is located in Nixon, a town approximately 48 miles from the Washoe County Registrar’s Office in Reno. (Id. ¶ 10.) The nearest early voting location is located in Spanish Springs, which is approximately 32 miles away. (ECF No. 38-1 ¶ 12.) There is one election day polling location on the reservation, at the Natchez Elementary School in Wadsworth, which is about 16 miles from Nixon. (Id. ¶¶ 15,16.)

D. Mineral County

Mineral County is a sparsely populated rural county. The Clerk-Treasurer of Mineral County is responsible for carrying out the requirements of the state election code. (ECF No. 40 ¶ 1.) The only in-person [968]*968registration and early voting location in Mineral County is located in Hawthorne, the county seat. (Id. ¶ 3; EOF No. 11 ¶ 22.)

The Walker River Paiute Reservation is located north of Hawthorne.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
214 F. Supp. 3d 961, 101 Fed. R. Serv. 842, 95 Fed. R. Serv. 3d 842, 2016 U.S. Dist. LEXIS 144838, 2016 WL 5936918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-cegavske-nvd-2016.