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YOUNG v. HOSEMANN

Nos. 08-60941, 09-60188.

598 F.3d 184 (2010)

Jerry YOUNG; Christy Colley, Plaintiffs-Appellants, v. Delbert HOSEMANN, in his official capacity as the Secretary of State of Mississippi; Kristin Buse, in official capacity as Election Commissioner of Lee County; Debby McCafferty, in official capacity as Election Commissioner of Lee County; Harry Grayson, Jr., in official capacity as Election Commissioner of Lee County; Vivian Burkley, in official capacity as Election Commissioner in Panola County; Julius Harris, in official capacity as Election Commissioner in Panola County; Jimmy Herron, in official capacity as Election Commissioner in Panola County; Bonnie G. Land, in official capacity as Election Commissioner in Panola County; Ronald McMinn, in official capacity as Election Commissioner in Panola County; John H. Edwards, in official capacity as Election Commissioner of Lee County; John M. Wages, in official capacity as Election Commissioner of Lee County, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 25, 2010.

Attorney(s) appearing for the Case

Nancy G. Abudu (argued), M. Laughlin McDonald, ACLU Foundation, Inc., Atlanta, GA, for Plaintiffs-Appellants.

Shawn Stephen Shurden (argued), Jackson, MS, for Hosemann.

William C. Murphree, Michael Dale Chase, Mitchell, McNutt & Sams, P.A., Lit. Counsel, Gary L. Carnathan, Carnathan & McAuley, Tupelo, MS, for Buse, McCafferty, Grayson, Edwards and Wages.

Darrin Jay Westfaul, Westfaul Law Firm, Batesville, MS, for Burkley, Harris, Herron, Land and McMinn.

Before JONES, Chief Judge, and SMITH and ELROD, Circuit Judges.

EDITH H. JONES, Chief Judge:

Jerry Young and Christy Colley, both convicted felons, contend that § 241 of the Constitution of the State of Mississippi grants felons the right to vote in presidential elections. That the state denies them this right, they claim, violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and the National Voter Registration Act. The plain text of ...

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