the court were to permit the amendment and consider the equal protection claim on summary judgment, Plaintiffs have failed to present evidence that the wait-time at the Oljato polling place exceeded fifty minutes. Again, while certainly not ideal, the court cannot say as a matter of law that such' a wait-time amounted to a constitutional violation. 8 . It is also possible that Plaintiffs’ Equal Protection claim fails because they have not alleged or adduced any colorable proof of a discriminatory intent behind the implementation of the maladministration they challenge. Plaintiffs have made clear in both written and oral argument that their equal protection claim challenges San Juan County’s voting procedures " Action No. H-12-2190, 2012 WL 3886427, at *6-*7 (S.D. Tex. Sept. 6, 2012) (<HOLDING>). However, given the Crawford Court's apparent
holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government holding that false statements are constitutionally protected holding that amendment was futile because plaintiff failed to allege facts showing that county defendants intentionally sought to deprive any voter of constitutionally protected voting rights holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction holding parental rights are constitutionally protected fundamental interest