Filed Date: July 21, 2021
Closed Date: Aug. 24, 2021
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This case involved allegations that changes to a gubernatorial recall election violated voter rights, suppressed minority participation, and limited access to the ballot and voter information. The write in candidate plaintiff voluntarily dismissed the lawsuit after two requests for a temporary restraining order (TRO) were denied.
On July 21, 2021, a write-in candidate for the California gubernatorial recall election filed a class action lawsuit in the U.S. District Court for the Northern District of California against the California Secretary of State, in her official capacity as the state’s chief elections officer. The candidate, represented by his own private law office, brought the suit individually and on behalf of all persons in California wishing to run or vote in the 2021 gubernatorial recall election. The lawsuit challenges recent actions by the California Legislature and Governor, who enacted a law that moved the gubernatorial recall election date up by a month and reduced the candidate filing period to just seven days (July 9–16, 2021). The voter alleged that the abrupt change made it nearly impossible for many candidates, especially minorities, independents, and disabled individuals, to qualify as “replacement candidates” on the ballot. Candidates unable to meet the deadline could only run as write-in candidates but were then barred from having their candidate statements published in the official Voter Guide, even if they qualified and paid the required fee.
The candidate alleged these changes were intentionally designed to suppress minority participation and limit access to the ballot and voter information, disproportionately burdening Black, Latino, disabled, and independent voters and candidates. He claimed the actions violate Section 2 of the Voting Rights Act (52 U.S.C. § 10301), the First, Fourteenth, and Fifteenth Amendments to the U.S. Constitution, and 42 U.S.C. § 1983, by imposing unjustified and discriminatory burdens on voting rights and political speech. The complaint seeks injunctive and declaratory relief, including resetting the election date to allow the proper 30-day review period, requiring the inclusion of qualified write-in candidates’ statements in the Voter Guide, and having their names printed on the ballot if registered before ballot printing. The candidate also asked the court to subject the Secretary of State to federal preclearance requirements, award attorneys’ fees and costs, and grant any other equitable relief as appropriate. No specific money damages are requested; the relief sought is primarily equitable and declaratory. The candidate's legal claims are based solely on federal law, and the suit is brought as a class action to address the alleged widespread impact on all California voters and candidates affected by the recall election procedures. This case was initially assigned to Magistrate Judge Virginia K. DeMarchi but was reassigned to District Judge Lucy H. Koh on July 29, 2021.
The candidate voluntarily dismissed the lawsuit on August 24, 2021, after two failed attempts to obtain a TRO. Specifically, candidate asked the Court to (1) delay the recall election; (2) require California to accept write-in candidates; and (3) require California to publish statements from write-in candidates. California argued that changing election procedures and modifying the ballot would result in an untenable election just days before the election. The court first denied the candidate's request for a TRO on July 30, 2021. The candidate filed a second TRO on August 3, 2021, which was denied on August 6, 2021. The candidate voluntarily dismissed the lawsuit on August 24, 2021.
Summary Authors
Chris Garcia (9/24/2025)
(12/30/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60076312/parties/gabriel-v-weber/
Gabriel, Michael Lynn
Gabriel, Michael Lynn
Gabriel, Michael Lynn
Haddad, Lara (California)
Attorney, Mr. Ahilan
See docket on RECAP: https://www.courtlistener.com/docket/60076312/gabriel-v-weber/
Last updated Feb. 21, 2026, 1:31 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: July 21, 2021
Closing Date: Aug. 24, 2021
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Write in candidate for gubernatorial recall election; California voters and candidates in the 2021 gubernatorial recall election
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
California Secretary of State (Sacramento, Sacramento), State
Defendant Type(s):
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)
Constitutional Clause(s):
Other Dockets:
Northern District of California 5:21-cv-05605
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Discrimination Basis:
Disability (inc. reasonable accommodations)
Voting: