Summary
The United States District Court for the Southern District of West Virginia denied Shaheen Shafii, Sr.’s emergency motion for a temporary restraining order, treating it as a motion for a preliminary injunction because the defendants had received notice and responded. The court held that the Purcell principle barred the requested relief because ballot proofing, printing, and absentee-ballot distribution had begun, creating risks of disruption, expense, and voter confusion. The court granted the defendants’ motions to accept late responses and deferred ruling on the Kanawha County Clerk’s Office’s motion to dismiss.
Topics
Practice areas
Questions Presented
- Whether Shafii was entitled to a temporary restraining order or preliminary injunction requiring defendants to include his name on the 2026 City of Charleston mayoral primary ballot.
- Whether the Purcell principle barred injunctive relief because the action was filed after ballot preparation and distribution had begun and close to the election.
- Whether the court should decide the Kanawha County Clerk's Office's Rule 12(b)(1) and Rule 12(b)(6) motion at that time.
Holdings
- Because defendants had received notice and responded, the court treated Shafii's request, although styled as a temporary restraining order, as a request for a preliminary injunction.
- Shafii was not entitled to a preliminary injunction because the Purcell principle barred the requested relief under the circumstances presented.
- The court deferred ruling on the Kanawha County Clerk's Office's motion to dismiss and ruled only on Shafii's request for emergency injunctive relief.
Key quotations
“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” (at 5)
“When an election is close at hand, the rules of the road must be clear and settled. Late judicial tinkering with election laws can lead to disruption and to unanticipated and unfair consequences for candidates, political parties, and voters, among others.” (at 7)
“Such “voter confusion and disruptive consequences” are exactly what “the Purcell principle is designed to avoid.”” (at 8)
Factual background
Shaheen Shafii sought to run for mayor of Charleston in the May 12, 2026 primary election. He submitted a candidate certificate and a $1,250 filing-fee check, which the City received and initially processed, but the check was later returned for insufficient funds. The City notified Shafii after the ballot-position drawing and declined his later offer to pay the fee. Ballot proofing, printing, and absentee-ballot distribution had begun by the time Shafii filed suit.
Procedural history
Shafii filed a verified complaint under 42 U.S.C. § 1983 and an emergency motion on March 27, 2026, challenging his exclusion from the City of Charleston mayoral primary ballot. Defendants filed responses, including a motion to dismiss by the Kanawha County Clerk's Office. The district court denied the emergency motion, granted defendants' motions to accept late responses, ordered one response filed, and stated that it would address the motion to dismiss later.