Filed Date: Nov. 4, 2016
Closed Date: Nov. 7, 2016
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On November 4, 2016, five days prior to the beginning of in-person election day voting in the 2016 presidential election, the New Jersey Democratic State Committee, through its private counsel, filed a lawsuit in the United States District Court for the District of New Jersey against the New Jersey Oath Keepers (the "Oath Keepers"), an unincorporated New Jersey association, alleging that the Oath Keepers intended to intimate voters, including minority voters, at polling places. The plaintiff sought a preliminary injunction restricting voter-intimidation activities under Section 11(b) of the Voting Rights Act and 42 U.S.C. § 1985(3), which are both statutes with the goal of preventing voter intimidation and thereby protecting the public’s right to participate in the electoral process. In support of its argument, the plaintiff chiefly relied on a "Call to Action" exposed by the defendant which requested that the defendant's members "prevent criminal voter intimidation on election day."
The full Call to Action was as follows: "[W]e call on you to form up incognito intelligence gathering and crime spotting teams and go out into the public on election day, dressed to blend in with the public, without any Oath Keepers hat or T shirt on, and with video, still camera, and notepad in hand, to look for and document suspected criminal vote fraud or intimidation activities, by any individuals, groups, or parties, and then report these incidents to your local police."
On November 7, 2016, Judge Jose L. Linares denied the plaintiff's request for a preliminary injunction finding that the defendant had not explained how compliance with the "Call to Action" would result in voter intimidation and that the "Call to Action" did not include any language targeting any particular group of or groups of voters.
The case was closed on November 22, 2016.
Summary Authors
Trey O'Callaghan (4/4/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5844742/parties/new-jersey-democratic-state-committee-v-new-jersey-oathkeepers/
Linares, Jose L. (New Jersey)
PARIKH, RAJIV D. (New Jersey)
PUGACH, BRETT M. (New Jersey)
See docket on RECAP: https://www.courtlistener.com/docket/5844742/new-jersey-democratic-state-committee-v-new-jersey-oathkeepers/
Last updated Sept. 9, 2025, 1:47 a.m.
State / Territory: New Jersey
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Nov. 4, 2016
Closing Date: Nov. 7, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
New Jersey Democratic State Committee
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
NEW JERSEY OATH KEEPERS, an unincorporated New Jersey association, Private Entity/Person
Facility 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: Defendant
Nature of Relief:
Source of Relief:
Amount Defendant Pays: $0
Issues
Voting: