Crowley

Plaintiff-Appellant, Martin Crowley (“Crowley”), appeals the district court’s grant of summary judgment in favor of Defendants-Appellees, the State of Nevada, and the Churchill County Clerk. Crowley also appeals the district court’s dismissal of two claims for failure to state a claim. In 2006, Crowley ran for Churchill County Justice of the Peace. After he lost the general election, he requested a recount. The recount confirmed the election results. Crowley then sought relief in federal district court, alleging the defendants had violated the Help America Vote Act of 2002 (“HAVA”), Pub.L. No. 107-252, 116 Stat. 1666 (codified at 42 U.S.C. §§ 15301-15545 ), by failing to conduct the recount in accordance with HAVA’s provisions. The district court: (1) granted defendant Churchill County’s motion to dismiss the declaratory relief claims, concluding that HAVA does not confer a private right of action for individuals to seek declaratory relief for HAVA violations; and (2) granted defendants’ motion for summary judgment on *732 Crowley’s 42 U.S.C. § 1983 claims based upon violations of HAVA.

Because HAVA § 301 was not intended to benefit voters and candidates in local…