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AMERICAN CIVIL LIBERTIES UNION, NM v. SANTILLANES

No. 07-2067.

546 F.3d 1313 (2008)

THE AMERICAN CIVIL LIBERTIES UNION OF NEW MEXICO, Plaintiff, and The League of Women Voters of Albuquerque/Bernalillo County, Inc.; Sage Council; New Mexico Coalition to End Homelessness; Anne Kass; Alexandra Kazaras; Barbara Grothus, Plaintiffs-Appellees, v. Millie U. SANTILLANES, Albuquerque City Clerk, Defendant-Appellant. The Brennan Center for Justice at New York University School of Law, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 17, 2008.

Attorney(s) appearing for the Case

Michael Garcia, Assistant City Attorney (Robert M. White, City Attorney, Robert D. Kidd, Paula I. Forney, and Mark Shoesmith, Assistant City Attorneys of City of Albuquerque, with him on the briefs), Albuquerque, NM, for Defendant-Appellant.

Charles K. Purcell (Andrew G. Schultz of Rodey, Dickason, Sloan, Akin & Robb, P.A., and George Bach of American Civil Liberties Union of New Mexico, Albuquerque, New Mexico, with him on the briefs), Albuquerque, NM, for Plaintiffs-Appellees.

Sidney S. Rosdeitcher and J. Adam Skaggs of Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., New York, New York, Wendy R. Weiser and Justin Levitt of the Brennan Center for Justice at New York University School of Law, John W. Boyd of Freedman, Boyd, Daniels, Hollander, Goldberg & Ives, P.A., Albuquerque, NM, for Amici Curiae.

Before KELLY, BALDOCK, and O'BRIEN, Circuit Judges.

KELLY, Circuit Judge.

Defendant-Appellant, the Albuquerque City Clerk ("City"), appeals from the district court's judgment in favor of Plaintiffs-Appellees granting them declaratory and injunctive relief. In 2005, the City passed an amendment to its charter requiring voters in municipal elections to present photo identification at polling locations. On summary judgment, the district court held that the amendment violated the federal constitutional guarantee of equal...

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