TEXAS DEMOCRATIC PARTY v. HUGHS

No. 20-50683.

997 F.3d 288 (2021)

TEXAS DEMOCRATIC PARTY; Democratic Senatorial Campaign Committee; Democratic Congressional Campaign Committee; Emily Gilby; Terrell Blodgett, Plaintiffs-Appellees, v. Ruth HUGHS, in her official capacity as the Texas Secretary of State, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed May 7, 2021.


Attorney(s) appearing for the Case

Marc Erik Elias , Attorney, John Michael Geise , Jyoti Jasrasaria , Uzoma Nkem Nkwonta , Alexi Machek Velez , Perkins Coie, L.L.P., Washington, DC, Amanda Beane , Kevin J. Hamilton , Perkins Coie, L.L.P., Seattle, WA, Chad Wilson Dunn, Esq. , Brazil & Dunn, Austin, TX, for Plaintiff-Appellee Texas Democratic Party.

Marc Erik Elias , Attorney, John Michael Geise , Jyoti Jasrasaria , Uzoma Nkem Nkwonta , Alexi Machek Velez , Perkins Coie, L.L.P., Washington, DC, Amanda Beane , Kevin J. Hamilton , Perkins Coie, L.L.P., Seattle, WA, for Plaintiffs-Appellees Democratic Senatorial Campaign Committee, Democratic Congressional Campaign Committee, Emily Gilby.

Renea Hicks , Law Office of Renea Hicks, Austin, TX, for Plaintiff-Appellee Terrell Blodgett.

Judd Edward Stone, II , Matthew Hamilton Frederick , Deputy Solicitor General, Office of the Attorney General, Office of the Solicitor General, Todd Lawrence Disher , Patrick K. Sweeten , Office of the Attorney General of Texas, Special Counsel Unit, Attorney General of Texas, Office of Special Litigation, Austin, TX, for Defendant-Appellant.

Before Haynes, Graves, and Willett, Circuit Judges.


Various voters and political organizations sued the Texas Secretary of State seeking to enjoin the enforcement of HB 1888, a state law that bars counties from operating mobile or pop-up early voting locations. The district court denied the Secretary's sovereign immunity defense. We reverse.

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