California Council of the Blind et al v. County of San Mateo et al
Filing
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ORDER REQUESTING LETTER BRIEFING IN LIGHT OF LEGISLATIVE ACTION AND MEDIATION EFFORTS by Judge Charles R. Breyer (crblc2, COURT STAFF) (Filed on 7/5/2016).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CALIFORNIA COUNCIL OF THE BLIND,
No. C 15-cv-05784 CRB
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et al.,
ORDER REQUESTING LETTER
BRIEFING IN LIGHT OF LEGISLATIVE
ACTION AND MEDIATION EFFORTS
Plaintiff,
United States District Court
For the Northern District of California
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v.
COUNTY OF SAN MATEO, et al.,
Defendant.
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The California Council for the Blind and two named Plaintiffs (“Plaintiffs”) move
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under the ADA and Rehabilitation Act for a preliminary injunction ordering Defendants San
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Mateo County (the “County”) and the State of California to make an electronic ballot
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marking tool available to Plaintiffs for use in the November 2016 election. See Preliminary
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Injunction Motion (dkt. 47). The Court held a hearing on this matter on July 1, 2016.
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After considering the submissions, oral argument, and relevant authorities, including
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Hindel v. Husted, No. 2:15-CV-3061, 2016 WL 2735935 (S.D. Ohio May 11, 2016) and
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Nat’l Fed’n of the Blind v. Lamone, 813 F.3d 494 (4th Cir. 2016), the Court concludes that
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Plaintiffs have shown a strong likelihood of success on the merits of their claim. See
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Hearing Transcript (dkt. 64). As the Court noted at the hearing, Plaintiffs have made a
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showing that California Elections Code § 19205 is preempted by the ADA to the extent it
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bars blind and visually-impaired voters from using electronic ballot marking tools. See id.
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The Court further concludes that Defendants have shown a strong likelihood that
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implementation of the voting tool requested by Plaintiffs—on Plaintiff’s abbreviated
timeline—would be a fundamental alteration of the absentee voting program. See id.
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At the July 1 hearing on this matter, the state noted that the California legislature has
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passed a bill that would potentially allow Plaintiffs to use the voting software they have
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requested here. See id. The parties also informed the Court that (a) they are scheduled to
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attend mediation and (b) they are willing to submit additional letter briefs to the Court
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following that mediation and following action from the governor on the bill. See id.
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The Court thus ORDERS the parties to submit letter briefs to the Court addressing (1)
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whether a further hearing on the feasibility of implementing a new electronic ballot marking
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tool on Plaintiffs’ timeline is necessary; (2) whether further action from the Court is required
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given recent legislative action;1 and (3) whether the parties have been able to successfully
United States District Court
For the Northern District of California
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resolve this matter through mediation. The parties are ORDERED to submit these letter
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briefs as soon as possible, but not later than August 1, 2016.
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IT IS SO ORDERED.
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Dated: July 5, 2016
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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
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As the Court noted at the hearing, if the governor signs the recently passed bill allowing the
use of electronic ballot marking tools in California elections, Plaintiffs have shown a strong likelihood
that an injunction should issue prohibiting the state from delaying certification or testing of such a tool
based on the fact that the new law would not take effect until January 2017. See Hearing Transcript.
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