Fleming v. Gutierrez

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Several voters filed a challenge to Sandoval County’s administration of the 2012 local election, and the district court concluded that the County’s election procedures were so dysfunctional that an immediate remedy was necessary to avoid voter disenfranchisement in the approaching 2014 election. To remedy the anticipated election day problems, the court entered a preliminary injunction that required the County to adhere to new regulations increasing the number of voting centers and voting machines. County election officials sought interlocutory appellate review of the preliminary injunction prior to the election, but the Tenth Circuit declined to intervene at that time. The election went off without a hitch, and the Court reviewed the County’s challenge to the injunction. In addition, the Court considered a motion to dismiss the appeal as moot presented by the voters who brought the suit. Concluding the issues raised by the grant of the preliminary injunction were mooted by the passage of the 2014 election, the Court granted the motion and dismissed the appeal for lack of jurisdiction. View "Fleming v. Gutierrez" on Justia Law