Case: Birke v. The 538 Individual Members of the Electoral College

2:16-cv-08432 | U.S. District Court for the Central District of California

Filed Date: Nov. 14, 2016

Closed Date: Jan. 26, 2017

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Case Summary

On November 14, 2016, Plaintiff, an individual voter, filed a complaint for declaratory and injunctive relief in the Central District of California. Plaintiff alleged that due to the wide margin between popular votes received by Hillary Clinton and by President-Elect Donald Trump during the 2016 Presidential election, the value of each Clinton vote counted as approximately 0.99 of each Trump vote. Plaintiff stated that under the Fifth Amendment, citizens have a fundamental right to have their v…

On November 14, 2016, Plaintiff, an individual voter, filed a complaint for declaratory and injunctive relief in the Central District of California. Plaintiff alleged that due to the wide margin between popular votes received by Hillary Clinton and by President-Elect Donald Trump during the 2016 Presidential election, the value of each Clinton vote counted as approximately 0.99 of each Trump vote. Plaintiff stated that under the Fifth Amendment, citizens have a fundamental right to have their votes counted equally. Plaintiff alleged that counting each Clinton vote as 0.99 is unfair and serves no legitimate government interest. Plaintiff further alleged that the Electoral College Members' declaration of a winner in accordance with the states' results violated Plaintiff's Fifth Amendment rights. Plaintiff also contended that the Electoral College Members’ anticipated action of declaring Trump the winner violates the Baker v. Carr rule of "one person, one vote."

Plaintiff sought a judicial declaration that the Electoral College Members’ anticipated action will substantially, adversely, and irreparably injure Plaintiff and other Clinton voters. Plaintiff also sought a judicial declaration that the process followed by the Electoral College Members is irreconcilable with Plaintiff's Fifth Amendment right to equal protection. Lastly, Plaintiff sought an order permanently enjoining the Electoral College Members from casting votes in a manner inconsistent with Hillary Clinton receiving more votes.

On November 17, 2016, the Central District of California denied the Request to Proceed In Forma Pauperis due to an inadequate showing of indigency and because the case was legally or factually frivolous. The Central District dismissed the case.

On November 18, 2016, Plaintiff filed an appeal to the U.S. Court of Appeals for the Ninth Circuit (docket no. 16-56754). 

On January 23, 2017, Plaintiff filed a motion for voluntary dismissal, which was granted two days later. 

Summary Authors

Ann Postolowski (6/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6184886/parties/john-s-birke-v-the-538-individual-members-of-the-electoral-college/


Judge(s)

Real, Manuel Lawrence (California)

Attorney for Plaintiff

Birke, John S. (California)

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Documents in the Clearinghouse

Document
1

2:16-cv-08432

Complaint for Declaratory and Injunctive Relief to Prevent Irreparable Violation of the Guaranty of Equal Protection of the Laws Under the Fifth Amendment, and of the Principle of "One Person, One Vote"

Birke v. The 538 Individual Members Of The Electoral College

Nov. 14, 2016

Nov. 14, 2016

Complaint
5

2:16-cv-08432

Order Re Request to Proceed in Forma Pauperis

Nov. 18, 2016

Nov. 18, 2016

Order/Opinion
9

Time Schedule Order

Birke v. The 538 Individual Members Of The Electoral College

U.S. Court of Appeals for the Ninth Circuit

Nov. 23, 2016

Nov. 23, 2016

Order/Opinion
6

2:16-cv-08432

Notice of Appeal

Birke v. The 538 Individual Members Of The Electoral College

Nov. 23, 2016

Nov. 23, 2016

Pleading / Motion / Brief
10

2:16-cv-08432

Order

Birke v. The 538 Individual Members Of The Electoral College

U.S. Court of Appeals for the Ninth Circuit

Jan. 25, 2017

Jan. 25, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6184886/john-s-birke-v-the-538-individual-members-of-the-electoral-college/

Last updated Oct. 7, 2025, 4:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with In Forma Pauperis request, filed by Plaintiff JOHN S. BIRKE. (Attorney John Samuel Birke added to party JOHN S. BIRKE(pty:pla))(Birke, John) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

Clearinghouse
2

APPLICATION to Proceed In Forma Pauperis, Declaration in Support filed by Plaintiff JOHN S. BIRKE. (Birke, John) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
3

CIVIL COVER SHEET filed by Plaintiff JOHN S. BIRKE. (Birke, John) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
4

NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Charles F. Eick. (jtil) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
5

ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Judge Manuel L. Real: Denying 2 REQUEST to Proceed in Forma Pauperis. IT IS FURTHER ORDERED that this case is hereby DISMISSED immediately. IT WAS RECOMMENDED that the Request to Proceed In Forma Pauper!s be DENIED by Magistrate Judge Charles F. Eick. Reasons: inadequate showing of indigency. Legally and/or factually patently frivolous. See document for further details. ( MD JS-6, Case Terminated. ) (gk) (Entered: 11/21/2016)

Nov. 18, 2016

Nov. 18, 2016

Clearinghouse
6

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff John S. Birke. Appeal of Order on Request to Proceed In Forma Pauperis with Declaration in Support (CV-60), 5 . (Appeal Fee - In Forma Pauperis Request.) (Attachments: # 1 Order re Dismissal/Denial of Req. to Proceed in Forma Pauperis)(Birke, John) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

Clearinghouse
9

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 16-56754 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 6 as to plaintiff John S. Birke. (mat) (Entered: 11/28/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER
7

FILING FEE LETTER issued as to plaintiff John S. Birke, re Notice of Appeal to 9th Circuit Court of Appeals, 6 . (mat) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
8

NOTICE OF MOTION AND MOTION to Appeal in forma pauperis filed by plaintiff John S. Birke. (Attachments: # 1 Proposed Order) (Birke, John) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

Clearinghouse
10

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 6 filed by John S. Birke. CCA # 16-56754. The motion filed by the appellant John S. Birke on January 23, 2017 for voluntary dismissal of this appeal is granted. This appeal is dismissed. This order served on the district court shall constitute the mandate of this court. (mat) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

Clearinghouse

Case Details

State / Territory: California

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 14, 2016

Closing Date: Jan. 26, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a resident of California who voted for Hillary Clinton in the 2016 Presidential election.

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The 538 Individual Members of the Electoral College, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: N/A

Issues

Voting:

Vote decision rules