Shelley
AMERICAN ASS'N OF PEOPLE WITH DISABILITIES v. Shelley
Opinion
Opinion
Cooper, J.
ORDER DENYING PLAINTIFFS’ APPLICATION FOR TEMPORARY RESTRAINING ORDER, OR, IN THE ALTERNATIVE, PRELIMINARY INJUNCTION
This matter is before the Court on the Benavidez Plaintiffs’ Application for Temporary Restraining Order, or, in the Alternative, Preliminary Injunction (docket # 5, Case No. 04-03318). This matter was heard on July 2, 2004, at which time the parties and amici were in receipt of the Court’s tentative Order. For the reasons set forth below, the Court denies the Application for Temporary Restraining Order and the Alternative Motion.
I. Introduction
Plaintiffs seek to enjoin Defendant Secretary of State Kevin Shelley’s April 30, 2004, Directives which decertified and withdrew approval of the use of certain direct recording electronic (DRE) voting systems. The Court has read and considered the moving, responding, reply, and supplemental documents submitted by the parties, together with their voluminous ex hibits, and the amicus curiae briefs filed by Conny McCormack, Registrar of Los An-geles County, and the Electronic Frontier Foundation, California Voter Foundation, Verified Voting Foundation, and Voters Unite! in opposition to the Motion. The Court concludes that…