Hearing on CA primary emergency injunction set for Wednesday, June 1.

[pnwmom]

On May 20 the original lawsuit was filed and the judge set a hearing date for August.

On Friday, after hours, a request for an emergency injunction was filed -- to the same judge. This is how he responded:

http://www.sfcityattorney.org/2016/05/27/hearing-set-bernie-sanders-backers-injunction-bid-calif-primary-june-1-1100-m/

Shortly after plaintiffs filed their after-hours motion for a preliminary injunction at approximately 7:00 p.m. this evening, U.S. District Court Judge William Alsup issued a terse, one-paragraph order:

“Plaintiffs commenced this action on May 20. Today, over a week later and without any explanation for the delay, plaintiffs filed a motion for a preliminary injunction and an ex parte motion seeking to shorten time for a hearing on that motion. A hearing on the motion is hereby scheduled for WEDNESDAY, JUNE 1 AT 11:00 A.M. in Courtroom 8 on the 19th floor of the federal courthouse, 450 Golden Gate Avenue, San Francisco. The summons, complaint, motion, and all supporting declarations, as well as this order, must be served on defendants by TOMORROW, MAY 28 AT 4:00 P.M. Defendants may submit an opposition to the motion by TUESDAY, MAY 31 AT 4:00 P.M. No replies please.”

SNIP

City Attorney Dennis Herrera, who is defending San Francisco’s Department of Elections in the federal action, criticized the lawsuit as factually-unsupported.

“San Francisco’s Department of Elections and its employees have been doing an exemplary job,” Herrera said. “I’m equally confident based on the evidence I’ve seen that our co-defendants are also meeting or exceeding their legal duties. This politically-motivated lawsuit is without merit, and there is no basis for an emergency injunction. I intend to fight it aggressively.”

The case is: Voting Rights Defense Project et al. v. Tim Depuis et al., U.S. District Court for the Northern District of California, Case No. 3:16-CV-02739, filed May 20, 2016. Additional documentation on the case is available on the San Francisco City Attorney’s website at: http://www.sfcityattorney.org/.

[geek tragedy]

1. Doesn't sound likely to grant relief nt

[Tal Vez]

2. I like the idea of voters being permitted to register on election day,

but I'm not sure what that means for election officials when they have such short notice. It almost sounds to me as if the judge is setting this up for a denial. I see that the court isn't permitting any last minute reply. If election officials make a showing that compliance by June 1 would be extremely burdensome or impossible, expect a denial. The court has already expressed its displeasure with the way that the plaintiffs filed this motion more than a week following the date that they filed their complaint.

[pnwmom]

3. The State elections person said it wasn't possible because their records are still on paper.

That they are setting up their computer database so it will be ready in 2018 but right now the rolls are still on paper, so registering on election day won't work.

And I agree with you that the judge sounds annoyed -- and that's never a good thing. And what excuse did these lawyers have? They knew when they filed the first motion that time was running out. They should have anticipated the need for an emergency injunction and had it all set and ready to go.

[Tal Vez]

7. If they make a credible claim that there isn't time before June 7

then the court will probably accept the explanation. The plaintiff's chances don't look good, particularly inasmuch as the court will not permit the plaintiffs to file any reply (rebuttal) to what the officials will be claiming.

[Demsrule86]

4. Bernie has lost his mind.

Is there anyone he hasn't sued?

[LiberalFighter]

6. Well he hasn't sued the rest of the state.

[LiberalFighter]

5. So it was only filed against the City of San Francisco.

Seems to me that they want to give an advantage to one location and not even the whole county while leaving the rest of the state as is. Could that be a problem that the judge will challenge?

[anotherproletariat]

8. Sanders is just trying to stay in the news. Taking a page from his buddy Trump. nt

[Retrograde]

9. The city of San Francisco is the whole county

it's unique in California that way: the whole county is the city. The City and County of San Francisco.

Didn't used to be, but that changed back in the 1850s.