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GARZA v. SMITH

No. 71-2364 Summary Calendar.

450 F.2d 790 (1971)

Anita S. GARZA et al., Plaintiffs-Appellees, v. Preston SMITH, Governor of Texas, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 12, 1971.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Austin, Tex., for defendants-appellants.

Pete Tijerina, San Antonio, Tex., Mario Obledo, Michael Mendelson, Alan Exelrod, San Francisco, Cal., for plaintiffs-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

BY THE COURT:

Appellees brought this class action on behalf of all illiterate voters in the State of Texas to declare Election Code, Articles 5.05(15) and 8.13, V.A.T.S., unconstitutional. These Articles prohibit assistance to illiterate voters in the voting booth while allowing such assistance to blind and physically disabled voters. A three-judge court was convened and after a hearing on the merits declared these Articles to be violative of the Equal Protection...

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