HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.congcourts/fjcelcp0001 and id is 1 raw text is:
CASE STUDIES IN EMERGENCY ELECTION LITIGATION
Electioneering on County Property
Gonzalez Garza v. Starr County
(Randy Crane, S.D. Tex. 7:18-cv-46)
A federal district judge declared unconstitutionally vague an appar-
ent proscription against electioneering on county-owned property
adjacent to voting locations, finding that the apparent order was ex-
pressed merely as a desire. Litigation continued during several
amendments to the policy and several amendments to the complaint.
Subject: Campaign activities. Topics: Campaign materials; early
voting.
Two voters, one active in the Democratic Party and one active in the Republi-
can Party, filed a federal complaint in the Southern District of Texas's McAllen
courthouse on Wednesday, February 21, 2018, against Starr County and its
election officials to challenge a proscription against electioneering on county-
owned property, including property adjacent to early voting locations, during
the March 6 primary election and the November 6 general election.' The vot-
ers filed an application for a temporary restraining order on February 22.2 That
day, Judge Randy Crane set the case for hearing on Monday.' Although one of
the defendants asked on Saturday for a continuance because of the tight time
frame,' Judge Crane conducted the hearing as originally scheduled.'
The order that triggered the case stated, the Commissioners Court of
Starr County finds that it desires to regulate the time, place and manner of
electioneering by prohibiting electioneering during any 'voting period' . . . in
or on property owned or under the care, custody and control of the County of
Starr.6 At the hearing, Judge Crane questioned whether a statement of desire
was an order.' Following testimony and argument, Judge Crane concluded
1. Complaint, Gonzalez Garza v. Starr County, No. 7:18-cv-46 (S.D. Tex. Feb. 21, 2018),
D.E. 1; see Second Amended Complaint, id. (May 1, 2018), D.E. 29; First Amended Complaint,
id. (Apr. 2, 2018), D.E. 24; see also Molly Smith, Lawsuit Challenges Starr County's Election-
eering Ban, McAllen Monitor, Feb. 22, 2018.
2. First Temporary Restraining Order Motion, Gonzalez Garza, No. 7:18-cv-46 (S.D. Tex.
Feb. 22, 2018), D.E. 4.
3. Order, id. (Feb. 22, 2018), D.E. 5.
Tim Reagan interviewed Judge Crane for this report by telephone on September 17, 2018.
4. Continuance Motion, Gonzalez Garza, No. 7:18-cv-46 (S.D. Tex. Feb. 24, 2018), D.E. 9
Transcript at 5, id. (Feb. 26, 2018, filed Mar. 9,2018), D.E. 19 [hereinafter Feb. 26,2018, Tran-
script].
5. Feb. 26, 2018, Transcript, supra note 4.
6. Ex. A., First Temporary Restraining Order Brief, Gonzalez Garza, No. 7:18-cv-46 (S.D.
Tex. Feb. 22, 2018), D.E. 4.
7. Feb. 26, 2018, Transcript, supra note 4, at 6-10.
Federal Judicial Center 12/6/2018
1](ViewImageLocal?handle=hein.congcourts/fjcelcp0001&div=1&collection=&method=preview&ext=.png&size=3)