CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 10/26/2023 1

Challenging a Puerto Rico Party’s Registration 

Puerto Ricans for Puerto Rico Party v. Dalmau 

(Gustavo A. Gelpi, D.P.R. 3:07-cv-1867) 

A political party filed a federal complaint in the District of Puerto 

Rico alleging that another party had been illegally registered as a 

political party for the 2008 elections. The district judge dismissed 

the action as a matter for Puerto Rico’s commonwealth courts. The 

court of appeals determined that the action was not necessarily 

foreclosed by commonwealth-court decisions, and the court of appeals held that it was error for the district judge to rely on original 

Spanish-language commonwealth-court opinions. In time, the action was dismissed as moot. 

Subject: Getting on the ballot. Topics: Getting on the ballot; 

matters for state courts; attorney fees. 

A political party in Puerto Rico—Puerto Ricans for Puerto Rico (PPR)—and 

its election commissioner filed a federal complaint in the District of Puerto 

Rico on September 19, 2007, against other election officials and the Puerto 

Rican Independence Party (PIP), alleging that the PIP had been illegally registered as a political party for the 2008 elections.1

 With their complaint, the 

plaintiffs filed a motion for a temporary restraining order or a preliminary 

injunction.2

Judge Gustavo A. Gelpi denied the plaintiffs a temporary restraining order on the day that their motion was filed and issued an order to show cause 

by October 1 why the case should not be dismissed as a matter for Puerto 

Rico’s commonwealth courts, which had already ruled against the plaintiffs.3

To accommodate the plaintiffs’ computer problems, Judge Gelpi granted 

them an extension until after midnight to file their brief,4 and then Judge 

Gelpi dismissed the action and awarded the defendants attorney fees on October 2.5

On October 11, the plaintiffs filed a motion for reconsideration6 and an 

amended complaint.7 Judge Gelpi denied the motion that day.8 On October 

23, Judge Gelpi awarded $1,900 to the defendant who submitted a fee claim.9

1. Complaint, Puerto Ricans for P.R. Party v. Dalmau, No. 3:07-cv-1867 (D.P.R. Sept. 19, 

2007), D.E. 1; Puerto Ricans for P.R. Party v. Dalmau, 544 F.3d 58, 61, 65 (1st Cir. 2008). 

2. Motion, Puerto Ricans for P.R. Party, No. 3:07-cv-1867 (D.P.R. Sept. 19, 2007), D.E. 2; 

Puerto Ricans for P.R. Party, 544 F.3d at 65–66. 

3. Order, Puerto Ricans for P.R. Party, No. 3:07-cv-1867 (D.P.R. Sept. 19, 2007), D.E. 4; 

Puerto Ricans for P.R. Party, 544 F.3d at 66; see Puerto Ricans for P.R. Party v. Dalmau, 517 

F. Supp. 2d 601, 602 (D.P.R. 2007). 

Judge Gelpi was elevated to the court of appeals on October 19, 2021. Federal Judicial 

Center Biographical Directory of Article III Federal Judges, www.fjc.gov/history/judges. 

4. Docket Sheet, Puerto Ricans for P.R. Party, No. 3:07-cv-1867 (D.P.R. Sept. 19, 2007). 

5. Puerto Ricans for P.R. Party, 517 F. Supp. 2d 601, rev’d, 544 F.3d 58. 

6. Reconsideration Motion, Puerto Ricans for P.R. Party, No. 3:07-cv-1867 (D.P.R. Oct. 

11, 2007), D.E. 25. 
Challenging a Puerto Rico Party’s Registration 

2 Federal Judicial Center 10/26/2023 

On October 6, 2008, the court of appeals determined that the plaintiffs’ 

suit was not necessarily barred by the commonwealth courts’ decisions, 

which concerned allowing PIP to register as a political party rather than the 

validity of PIP’s registration signatures.10 The court of appeals also held, “The 

district court erred in granting a motion to dismiss that turned entirely on an 

untranslated Spanish language decision of the Puerto Rico Supreme Court.”11

The court of appeals issued its mandate on October 22, and the mandate 

was filed in the district court on October 23.12 Judge Gelpi set a preliminaryinjunction hearing for October 27, eight days before the election.13 On that 

day, Judge Gelpi denied the plaintiffs a preliminary injunction, and they decided not to appeal.14 On November 25, Judge Gelpi dismissed the action as 

moot.15

7. Amended Complaint, id. (Oct. 11, 2007), D.E. 27. 

8. Docket Sheet, supra note 4. 

9. Puerto Ricans for P.R. Party v. Dalmau, 517 F. Supp. 2d 604 (D.P.R. 2007), rev’d, 544 

F.3d 58. 

10. Puerto Ricans for P.R. Party, 544 F.3d at 64–65, 68–71. 

11. Id. at 67. 

12. Mandate, Puerto Ricans for P.R. Party, No. 3:07-cv-1867 (D.P.R. Oct. 23, 2008), D.E. 

65. 

13. Order, id. (Oct. 23, 2008), D.E. 66. 

14. Docket Sheet, supra note 4. 

15. Judgment, Puerto Ricans for P.R. Party, No. 3:07-cv-1867 (D.P.R. Nov. 25, 2008), D.E. 

80.