VOTING INTEGRITY PROJECT, INC. v. BOMER

No. 99-20757.

199 F.3d 773 (2000)

VOTING INTEGRITY PROJECT, INC., et al., Plaintiffs-Appellants, v. Elton BOMER, Secretary of the State of Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 17, 2000.


Attorney(s) appearing for the Case

M. Miller Baker (argued), Carr, Goodson, Lee & Warner, Washington, DC, Howard Louis Close, Orgain, Bell & Tucker, Beaumont, TX, Patrick Michael McSweeney, McSweeney, Burtch & Crump, Richmond, VA, for Plaintiffs-Appellants.

Deborah Anne Verbil (argued), Austin, TX, for Defendant-Appellee.

Before DAVIS, JONES and MAGILL, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Plaintiffs, Voting Integrity Project, Inc. and several individual Texas registered voters ("VIP"), appeal the district court's order denying their motion for summary judgment and granting defendant's cross motion for summary judgment. VIP contends that three sections of the Texas Election Code, which permit unrestricted early voting in federal elections, are preempted by federal election statutes that require that the "election" of...

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