Filed Date: April 26, 2016
Closed Date: April 28, 2016
Clearinghouse coding complete
This case concerned a 2016 claim of violation of constitutional voting rights and improper election administration in a Puerto Rico political party local primary election.
According to the compliant, Puerto Rico electoral law gives local political parties the option to limit voting in local political party primaries to persons "affiliated" with the political party prior to casting a vote (i.e., a closed primary). In this case, the Puerto Rico New Progressive Party (NPP) exercised the option that only affiliated members of the NPP be eligible to vote in the local primary. According to the compliant, the NPP commissioner and Puerto Rico elections commission subsequently changed Puerto Rico electoral law and regulations in March 2016 such that non-affiliated persons could vote in the June 5, 2016 NPP primary so long as such voters affiliated with the NPP after singing a voting list. The plaintiffs alleged in the compliant that the March 2016 actions were politically motivated with the object of allowing persons affiliated with another political party, the PDP, to vote in the NPP primary election against the plaintiff's candidate.
On April 26, 2016, the electoral director of an NPP candidate for governor of Puerto Rico and four interested persons with connections to the NPP filed a complaint in the U.S. District Court for the District of Puerto Rico against the NPP Electoral Commissioner, a candidate for federal position of Resident Commission for Puerto Rico, and the President of the Puerto Rico State Elections Commission. The plaintiffs alleged that allowing non-NPP affiliated persons to vote in the local political primary constituted an election crime, corruption and fraud in violation of the Fifteenth Amendment of the U.S. Constitution, due process and Puerto Rico election laws and regulations. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief. The case was assigned to Judge Juan M. Perez-Gimenez.
On April 28, 2016, the plaintiffs filed a motion to dismiss without prejudice as to all the defendants.
On April 28, 2016, the Judge Juan M. Perez-Gimenez granted the plaintiffs' motion and dismissed the case without prejudice.
This case is closed.
Summary Authors
Conor Sartory (11/1/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13239768/parties/herrero-garcia-v-davila/
Perez-Gimenez, Juan Manuel (Puerto Rico)
Herrero-Garcia, Manuel D. (Puerto Rico)
Pagan-Rivera, Miguel A. (Puerto Rico)
See docket on RECAP: https://www.courtlistener.com/docket/13239768/herrero-garcia-v-davila/
Last updated Oct. 28, 2025, 5:55 p.m.
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: April 26, 2016
Closing Date: April 28, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The electoral director of the candidate for governor of Puerto Rico Dr. Ricardo Rossello Nevares and four interested persons with connections to the Puerto Rico New Progressive Party (NPP).
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Other Dockets:
District of Puerto Rico 3:16-cv-01827
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Form of Settlement:
Issues
Voting: