Filed Date: Nov. 26, 2019
Closed Date: Jan. 28, 2020
Clearinghouse coding complete
This is a case alleging a violation of the Voting Rights Act against the Michigan Secretary of State by refusing to put a candidate on the Republican primary ballot.
This class action lawsuit was filed on November 26, 2019 against the Michigan Secretary of State and alleged that the defendant failed to include a candidate on Michigan's Republican primary ballot for president in violation of the Voting Rights Act. This suit was brought by a resident of Michigan of Hispanic and/or Latino ethnicity who supported the inclusion of Roque De La Fuente on the Republican Primary ballot for president. The Complaint alleged that the candidate contacted the defendant to request to be on the State's Republican Primary ballot. In response, the candidate was allegedly told that he: (1) needed to be eligible to automatically included on the ballot under State law, (2) needed the support of the State's Republican Party, or (3) needed to petition for access by gathering a sufficient number of signatures. The Complaint alleged that the signature gathering process was onerous and costly and that the State Republican party required a $100,000 donation to include a candidate alongside candidate Donald Trump on the Republican Primary ballot. As a result, this matter focused on the State's process for automatically including candidates on its Primary ballots. The Complaint alleged that the criteria used by the defendant, notably media attention, ignored Spanish-speaking media and internet-based media, which was where the Complaint alleged many "Hispanics and Latinos in America get the majority of their news." The Complaint alleged one count of violating the Voting Rights Act of 1965 and asked the court to issue a permanent injunction, enjoining the defendant from not including the candidate on the Republican Primary ballot.
On January 28, 2020 the plaintiff voluntarily dismissed the case without prejudice. The reason of the dismissal is not available to the Clearinghouse at this time.
Summary Authors
Nicholas Wegley (4/1/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16521825/parties/gonzalez-v-benson/
Hood, Denise Page (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/16521825/gonzalez-v-benson/
Last updated March 26, 2024, 6:54 p.m.
State / Territory: Michigan
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Nov. 26, 2019
Closing Date: Jan. 28, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Brought on behalf of two purported subclasses: (1) any current or future resident of the State of Michigan who is a United States citizen, at least 18 years of age, and who consumes political news via Spanish language media and (2) Any current or future resident of the State of Michigan who is a United States citizen, of Hispanic or Latino ethnicity, race, or national origin, at least 18 years of age, and who consumes political news via free sources of media other than cable news television and national print newspapers.
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
Secretary of State of the State of Michigan, State
Defendant Type(s):
Case Details
Causes of Action:
Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Voting: