Scott v. Schedler
| Decision Date | 22 January 2013 |
| Docket Number | CIVIL ACTION NO. 11-926 |
| Parties | LUTHER SCOTT, ET AL Plaintiffs v. TOM SCHEDLER, ET AL Defendants |
| Court | U.S. District Court — Eastern District of Louisiana |
This matter was tried before the Court, sitting without a jury, from October 15, 2012 through October 17, 2012. The issues remaining before the Court are (1) whether the Plaintiffs have standing and (2) whether the Defendants violated and are in continuing violation of the National Voter Registration Act ("NVRA").
Having considered the testimony and evidence at trial, the arguments of counsel, and the applicable law, the Court now issues the following Findings of Fact and Conclusions of Law in accordance with Federal Rule of Civil Procedure 52(a).
Plaintiffs Roy Ferrand, Luther Scott, Jr. and the Louisiana State Conference of the NAACP1 ("Plaintiffs") brought this action on April 19, 2011, for themselves and on behalf of all other persons similarly situated against Defendants Tom Schedler, in his official capacity as Louisiana Secretary of State ("SOS"), Ruth Johnson, in her official capacity as Secretary of the Louisiana Department of Children and Family Services ("DCFS"), and Bruce D. Greenstein, in his official capacity as Secretary of the Louisiana Department of Health and Hospitals ("DHH"). In their Complaint, Plaintiffs allege that Defendants have engaged in systemic and ongoing violations of their obligations under Section 7 of the NVRA.2 At the time of trial, Plaintiff Roy Ferrand had been withdrawn as a Plaintiff. (Doc. 126.) Additionally, Suzy Sonnier, in her official capacity, was substituted for Ruth Johnson as Defendant. (Doc. 363.)
Defendant Tom Schedler ("Schedler") is sued in his official capacity as the Louisiana Secretary of State. Schedler is designated as the chief state election official in Louisiana and is responsible for the coordination of state responsibilities under Section 10 of the NVRA. 42 U.S.C.§ 1973gg-8. Louisiana law provides that the Secretary of State shall "[c]oordinate the responsibilities of th[e] state under the National Voter Registration Act of 1993 (P.L. 103-31) as required by 42 U.S.C. Section 1973gg-8." La. Rev. Stat. Ann. § 18:18(A)(6). The Louisiana Secretary of State is generally responsible for prescribing uniform rules, regulations, forms, and instructions related to voter registration and voter education. La. Rev. Stat. Ann. § 18:18(A)(2), (3), (8).
Defendant Suzy Sonnier ("Sonnier") is sued in her official capacity as the Secretary of the Louisiana Department of Children and Family Services. DCFS is a mandatory voter registration agency under Louisiana law. La. Rev. Stat. Ann. § 18:18(A)(1)(a). DCFS administers public assistance programs including, but not limited to, the Supplemental Nutrition Assistance Program ("SNAP"), formerly food stamps, and Family Independence Temporary Assistance ("FITAP"). La. Rev. Stat. Ann. §§ 36:474(G); 46:231-231.2.
Defendant Bruce D. Greenstein ("Greenstein") is sued in his official capacity as the Secretary of the Louisiana Department of Health and Hospitals. Like DCFS, DHH is a mandatory voter registration agency under Louisiana law. La. Rev. Stat. Ann. § 18:18(A)(1)(a). DHH administers public assistance programs including Medicaid, the Woman, Infants and Children Program ("WIC"), and the Louisiana Children's Health Insurance Program ("LaCHIP"). La. Rev. Stat. Ann. §§ 36:251(B); 46:450.3; 46:976.
"Article III of the Constitution confines the federal courts to adjudicating actual 'cases' and 'controversies.'" Allen v. Wright, 468 U.S. 737, 750 (1984). As such, Article III requires a litigant to have "standing" to invoke the power of a federal court. Id. To determine if a party has standing, a court must assess "[w]hether the litigant is entitled to have the court decide the merits of the dispute or of particular issues." Id. at 750--51 (internal quotations and citation omitted). The party invoking the court's authority must "allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the requested relief." Roark & Hardee LP v. City of Austin, 522 F.3d 533, 542 (5th Cir. 2008) (quoting Allen, 468 U.S. at 752). Ultimately, "those who do not possess Article III standing may not litigate as suitors in the courts of the United States." Valley Forge Christian Coll. v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 475--76 (1982).
"[T]he question of standing is one of degree and is 'not discernible by any precise test.'" Roark & Hardee LP, 522 F.3d at 542 (quoting Babbitt v. United Farm Workers Nat'l Union, 442 U.S. 289, 297 (1979)). Nonetheless, a plaintiff must demonstrate that (1) it has suffered or imminently will suffer, a concrete and particularized injury-in-fact; (2) that the injury is fairly traceable to the defendant's conduct; and (3) that a favorable judgment will likely redress the injury. Houston Chronicle Pub. Co. v. City of League City, Tex., 488 F.3d 613, 617 (5th Cir. 2007). The injury-in-factelement requires that a plaintiff show that he "[h]as sustained or is immediately in danger of sustaining some direct injury as the result of the challenged official conduct and the injury or threat of injury must be both real and immediate, not conjectural or hypothetical." City of Los Angeles v. Lyons, 461 U.S. 95, 102 (1983) (internal quotations and citations omitted).
Plaintiff Luther Scott, Jr. ("Scott") is a recipient of benefits under SNAP. Accordingly, Scott is a client of DCFS and was a client at the time suit was filed. Scott has never applied for or received services or assistance from DHH. Scott has moved frequently, been intermittently homeless, and has had at least four different addresses since 2005. Scott has been registered to vote in the State of Louisiana since June 10, 2008, in Orleans Parish, Louisiana.
In September 2009, Scott applied for benefits using an "OFS 4APP" Form, DCFS's main benefits application form. Located within the form is a section entitled "Voter Registration." The Voter Registration section advises that "[a]ny citizen in the State of Louisiana who has met the voter registration requirements and applies for public assistance must be provided the opportunity to register to vote." It then requests the customer to check "Yes" or "No" in response to the following question: "If you are not registered to vote where you live now, would you like to apply to register to vote?" Scott did not check either "Yes" or "No" box in response to this question. Scott did not receive a voter registration form with this benefits application.
In December 2009, Scott again applied for benefits using the "OFS 4APP" Form. Scott did not check the "Yes" or "No" box in response to the Voter Registration question. Scott did not sign this form. Scott did not receive a voter registration form with this benefits application.
In November 2010, Scott renewed his benefits using an "OFS 4SR" Simplified Report Form, which is utilized to renew SNAP benefits. The form is also used for changes of address. This form did not contain question(s) regarding voter registration. Scott did not receive a voter registration application with this form.
The United States Congress enacted the National Voter Registration Act in 1993. The NVRA requires that all offices designated as a voter registration agency shall make the following services available at each voter registration agency: (1) distribution of voter registration application forms for voting in federal elections; (2) assistance to applicants in completing the voter registration application forms; and (3) acceptance of completed voter registration applications to transmit those applications to the appropriate state election official in a timely manner. 42 U.S.C. § 1973gg-5(a)(4)(A)(i)-(iii). The NVRA further requires that a voter registration agency that provides service or assistance shall, in addition to conducting voter registration, distribute with each application for such service or assistance, and with each recertification, renewal or change of address form relating to such service or assistance, a mail voter registration application form described in Section 1973gg-7(a)(2). 42 U.S.C. § 1973gg-5(6)(A). Additionally, the voter registrationagency must provide a form that includes the following:
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