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SHELBY ADVOCATES FOR VALID ELECTIONS v. HARGETT

No. 19-6142.

947 F.3d 977 (2020)

SHELBY ADVOCATES FOR VALID ELECTIONS; Michael Kernell; Joe Towns, Jr.; Ann Scott; Britney Thornton, Plaintiffs-Appellants, v. Tre HARGETT, in his official capacity as Tennessee Secretary of State; Mark Goins, in his official capacity as the Coordinator of Elections for the State of Tennessee; State of Tennessee Election Commission; Kent Younce, Judy Blackburn, Gregory Duckett, Donna Barrett, James H. Wallace, Jr., Tom Wheeler, and Mike McDonald, in their official capacities as members of the Tennessee Election Commission; Linda Phillips, in her official capacity as Administrator of the Shelby County Election Commission; Shelby County Election Commission; Robert Meyers, Norma Lester, Dee Nollner, Steve Stamson, and Anthony Tate, in their official capacities as Board Commissioners of the Shelby County Election Commission, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 24, 2020.

Attorney(s) appearing for the Case

ARGUED: Carolyn J. Chumney , CAROL CHUMNEY LAW PLLC, Memphis, Tennessee, for Appellants. Janet M. Kleinfelter , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for State of Tennessee Appellees. Pablo A. Varela , HARRIS SHELTON HANOVER WALSH, PLLC, Memphis, Tennessee, for Shelby County Appellees. ON BRIEF: Carolyn J. Chumney , CAROL CHUMNEY LAW PLLC, Memphis, Tennessee, for Appellants. Janet M. Kleinfelter , Matt F. Jones , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for State of Tennessee Appellees. Pablo A. Varela , John L. Ryder , HARRIS SHELTON HANOVER WALSH, PLLC, Memphis, Tennessee, for Shelby County Appellees. Megan C. Keenan , COVINGTON & BURLING LLP, Washington, D.C., Andrew Grosso , ANDREW GROSSO & ASSOCIATES, Washington, D.C., for Amici Curiae.

Before: GIBBONS, SUTTON, and MURPHY, Circuit Judges.

OPINION

Shelby Advocates for Valid Elections (SAVE) and four individual plaintiffs sued an assortment of state and local election officials and entities: Tennessee's secretary of state, coordinator of elections, and election commission and its members, along with the Shelby County Election Commission and its members. The claimants...

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