Filed Date: April 11, 2016
Closed Date: July 12, 2016
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This is a case about candidate qualifications in the State of Texas.
On April 11, 2016, a pro se plaintiff filed a complaint, seeking to register to vote and to run for public office while keeping his physical address confidential and using his P.O. Box in its place. The plaintiff noted that the Texas Secretary of State, relying on state codes, rules, and regulations, barred him from doing so. The plaintiff claimed that those state codes, rules, and regulations make him and thousands of other citizens ineligible to vote and thus violate amendments I, IV, V, VI, XIV, and XV of the U.S. Constitution.
The plaintiff did not specify which state codes, rules, or regulations were in question. In his complaint, he sought an order allowing him to vote while keeping his physical address confidential. The plaintiff filed his complaint, individually and without association to any organization, in the U.S. District Court for the Northern District of Texas. District Judge Allen Joe Fish ultimately ruled on the case.
On June 12, 2016, the Texas Secretary of State, as the defendant, filed a motion to dismiss the case under Federal Rules of Civil Procedure 12(B)(1), regarding lack of subject-matter jurisdiction, and 12(B)(6), regarding failure to state a claim. On June 16, 2016, the plaintiff responded to the motion, briefly, reiterating that the U.S. Constitution is the supreme law of the land, demanding a jury trial, and noting that he intends to run as a candidate for the U.S. Senate.
On July 12, 2016, the Court dismissed the case on the grounds that the plaintiff lacked standing to bring his claim. First, the Court explained that the plaintiff did not meet his burden in alleging that he suffered an “invasion of a legally protected interest” that is “concrete and particularized” and “actual or imminent.” Goberman v. Cascos, No. 3:16-CV-0994-G (BH), 2016 WL 3688604, at *3 (N.D. Tex. July 12, 2016) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992)). The plaintiff had not actually registered to vote, nor had he filed to run for public office. Consequently, his physical address was not made part of the public record; as such, the plaintiff suffered no actual injury.
The Court also emphasized that plaintiffs cannot typically claim standing to vindicate the rights of a third party as the plaintiff attempted to do on behalf of the many other citizens allegedly harmed by the Texas codes, rules, and regulations. The Court accordingly granted the 12(B)(1) motion to dismiss, without prejudice, and the case was closed on July 12, 2016.
Summary Authors
Lucas DeBarros (7/1/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5419751/parties/goberman-v-cascos/
Fish, Allen Joe (Texas)
Goberman, Pavel (Texas)
Fuqua, Kelli C (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/5419751/goberman-v-cascos/
Last updated Aug. 8, 2025, 7:14 a.m.
State / Territory: Texas
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: April 11, 2016
Closing Date: July 12, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The plaintiff is a private citizen attempting to register to vote. The plaintiff does not mention any affiliation to organizations, non-profit or otherwise, nor does the plaintiff mention any personal characteristics or history that would inform this description.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Texas Secretary of State, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: