Koller

Koller v. Harris

Good Law
312 F. Supp. 3d 814
United States District Court, Northern District of CaliforniaApril 20, 2018Case No. 5:16–cv–07069–EJDCalifornia6,406 words

Opinion

Lead Opinion

Davila, J.

Plaintiff Vinzenz J. Koller ("Plaintiff"), a former Presidential Elector, alleges he was forced, coerced and intimidated by California officials to register his 2016 electoral vote for the Democratic candidates for those offices, Hillary Rodham Clinton and Timothy Kaine. He brought this action against Attorney General Xavier Becerra and Secretary of State Alex Padilla in their official capacities (the "Official Capacity Defendants"), and against Secretary Padilla and former Attorney General Kamala Harris in their individual capacities (the "Individual Capacity Defendants") for a judgment declaring California Elections Code §§ 6906 and 18002 unconstitutional and for violations of 28 U.S.C. § 1983 .

Presently before the court are three Motions to Dismiss Plaintiff's First Amended Complaint ("FAC"): one filed by the Official Capacity Defendants, one filed by the Individual Capacity Defendants, and one filed by Intervenor California Republican Party. Dkt. Nos. 87, 88, 94. Though the court previously found there exists "equally plausible opposing views" on Elections Code § 6906 and 18002, and a "serious question" on the merits of the constitutional issue raised by Plaintiff ( Koller…

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