Koller v. Harris

• Citation: 312 F.Supp.3d 814
• Decision Date: 20 April 2018
• Docket Number: Case No. 5:16–cv–07069–EJD
• Parties: Vinzenz J. KOLLER, Plaintiff, v. Kamala D. HARRIS, et al., Defendants.
• Court: U.S. District Court — Northern District of California

312 F.Supp.3d 814

Vinzenz J. KOLLER, Plaintiff,

v.Kamala D. HARRIS, et al., Defendants.

Case No. 5:16–cv–07069–EJD

United States District Court, N.D. California, San Jose Division.

Signed April 20, 2018

Andrew John Dhuey, Attorney at Law, Berkeley, CA, Melody Ann Kramer, Kramer Law Office, Inc., San Diego, CA, for Plaintiff.

Peiyin Patty Li, California Department of Justice Office of the Attorney General, San Francisco, CA, Kevin A. Calia, Department of Justice Office of the Attorney General, Sacramento, CA, for Defendants.

ORDER GRANTING MOTIONS TO DISMISS

Re: Dkt. Nos. 87, 88, 94

EDWARD J. DAVILA, United States District Judge

Plaintiff Vinzenz J. Koller ("Plaintiff"), a former Presidential Elector, alleges he was forced, coerced and intimidated by California officials to register his 2016 electoral vote for the Democratic candidates for those offices, Hillary Rodham Clinton and Timothy Kaine. He brought this action against Attorney General Xavier Becerra and Secretary of State Alex Padilla in their official capacities (the "Official Capacity Defendants"), and against Secretary Padilla and former Attorney General Kamala Harris in their individual capacities (the "Individual Capacity Defendants") for a judgment declaring California Elections Code §§ 6906 and 18002 unconstitutional and for violations of 28 U.S.C. § 1983.

Presently before the court are three Motions to Dismiss Plaintiff's First Amended Complaint ("FAC"): one filed by the Official Capacity Defendants, one filed by the Individual Capacity Defendants, and one filed by Intervenor California Republican Party. Dkt. Nos. 87, 88, 94. Though the court previously found there exists "equally plausible opposing views" on Elections Code § 6906 and 18002, and a "serious question" on the merits of the constitutional issue raised by Plaintiff ( Koller v. Brown, 224 F.Supp.3d 871, 879 (N.D. Cal. 2016) ), these motions raise doctrines not previously addressed. The application of these doctrines prevents this action from proceeding further. Thus, the Motions to Dismiss will be granted and all of Plaintiff's causes of action will be dismissed for the reasons explained below.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Presidential Electors, The Constitution, and The Federalist Papers

The FAC begins with reference to the Constitution, and in particular the process it provides for the election of the President. Plaintiff alleges that since the Constitution was signed in 1787, it has never "called for election to the office of President by popular vote of the citizens of this country." FAC, at ¶ 13. Instead, the Constitution has always "called for election to the office of President by Presidential Electors selected by the respective states." Id. at ¶ 14. These electors meet every four years, vote by ballot for two persons, make a list of all the persons voted for, and the number of votes cast for each person. Id. at ¶ 16.¹ The signed and certified list is then directed to the President of the Senate. Id. at ¶¶ 16–17.

Plaintiff also alleges what the Constitution does not permit. In Plaintiff's opinion, the Constitution never "reduced the weighty responsibility" of choosing the President "to a media circus on the second Tuesday of November every four years." Id. at ¶ 18. Additionally, Plaintiff alleges the Constitution has never allowed "for foreign influences, threats, or intimidation to restrain or dictate the votes" of electors. Id. at ¶ 19.

Aside from the Constitution, Plaintiff also references Federalist No. 68 and its discussion of how the President should be selected and the role of Presidential Electors. Id. at ¶ 46. Federalist No. 68 states, in pertinent part:

It was desirable that the sense of the people should operate in the choice of the person to whom so important a trust was to be confided. This end will be answered by committing the right of making it, not to any preestablished body, but to men chosen by the people for the special purpose, and at the particular conjuncture.

It was equally desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice. A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated investigations.

Id.

B. California Statutes Regulating Presidential Electors

Two California statutes applicable to electors are placed at issue by the FAC. The first is Elections Code § 6906, which provides:

The electors, when convened, if both candidates are alive, shall vote by ballot for that person for President and that person for Vice President of the United States, who are, respectively, the candidates of the political party which they represent, one of whom, at least, is not an inhabitant of this state.

The second is Elections Code § 18002, which states:

Every person charged with the performance of any duty under any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in his or her official capacity, knowingly and fraudulently acts in contravention or violation of any of those laws, is, unless a different punishment is prescribed by this code, punishable by fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment.

C. The 2016 Presidential Election

The Democratic candidates for President and Vice President in 2016 were Hillary Rodham Clinton and Timothy Kaine, respectively. Id. at ¶ 28. The Republican candidates for those offices were Donald J. Trump and Michael Pence. Id. at ¶ 29. Election day was November 8, 2016. Id. at ¶ 35. Plaintiff describes the outcome of the election in the FAC as follows:

Though the Democratic nominees for President and Vice–President won the nationwide popular vote by over 3 million votes, and won the California popular vote by a large margin, the various state-by-state popular votes indicated that Donald Trump and Michael Pence (the Republican presidential and vice presidential nominees) would win the majority of electoral college votes on December 19, 2016 if the electors in each state vote consistent with the popular vote in their respective states.

Id. at ¶ 35.

Plaintiff alleges, however, that subsequent to election day but before the vote of the electors on December 19, 2016, "U.S. intelligence agencies confirmed that they possessed evidence showing foreign influence in the presidential election with the purpose of favoring Donald J. Trump and undermining Hillary R. Clinton in that election." Id. at ¶ 32. Plaintiff considered the possibility of foreign interference to be of "grave importance" and sought additional information from the government. Id. at ¶ 33.

Plaintiff further alleges that by early January, 2017, "at least three U.S. intelligence agencies reported a high confidence that Russian President Vladimir Putin ordered actions aimed at undermining public faith in the United States' democratic process and denigrating one candidate (Clinton) and giving preference to the other (Trump)." Id. at ¶ 37. And by mid-February, 2017, "additional reports surfaced indicating that Mr. Trump's campaign may have had numerous contacts with Russian intelligence officers during the campaign, raising further questions about the connection between Mr. Trump and the Russian government." Id. at ¶ 39.

Despite these post-election revelations, Donald J. Trump was in fact confirmed as President upon the vote of electors and was inaugurated on January 20, 2017. Id. at ¶¶ 36, 38.

D. Plaintiff's Service as a California Presidential Elector

Plaintiff is a resident of Monterey County who served as an elector in prior elections and continues to meet all qualifications to be selected as a Presidential Elector in subsequent elections. Id. at ¶¶ 1, 26. He was chosen as an elector of the Democratic Party for the 2016 Presidential Election. Id. at ¶ 25.

As to his 2016 service, Plaintiff alleges he and other similar-situated electors should not have been "constitutionally compelled" by Elections Code §§ 6906 and 18002 to vote for Clinton and Kaine, consistent with the popular vote of the state, when "the best interests of the country warranted a different course of action." Id. at ¶ 50. To that end, Plaintiff believes he "should have been allowed to exercise his judgment and free will to vote for whomever he believes to be the most qualified and fit for the offices of President and Vice President within the circumstances and with the knowledge known on December 19, 2016, whether those candidates are Democrats, Republicans, or from a third party." Id.

E. The Instant Lawsuit

Plaintiff filed the complaint initiating this action on December 9, 2016. Dkt. No. 1. Prior to the vote of electors on December 19, 2016, Plaintiff moved for a temporary restraining order precluding enforcement of Elections Code §§ 6906 and 18002 against Plaintiff. Dkt. Nos. 1, 4. The court ordered expedited briefing on that request, held a hearing on December 16, 2016, and denied Plaintiff's application. Dkt. Nos. 10, 34, 37. Plaintiff appealed from that decision, but voluntary dismissed the appeal four days later. Dkt. Nos. 35, 50.

The court granted the California Republican Party's motion to intervene on January 3, 2017. Dkt. No. 57. Plaintiff then filed the FAC on February 17, 2017. Dkt. No. 83. He seeks the following relief: (1) a declaratory judgment finding that Elections Code §§ 6906 and 18002 are unconstitutional, or in violation of 18 U.S.C. § 594,² and/or Elections Code § 18540 ;³ (2) an injunction enjoining Defendants from prosecuting any presidential elector on the basis of their vote; and (3) compensatory damages for violation of § 1983.

These motions followed the...