Linda Jann LEWIS; Madison Lee; Ellen Sweets; Benny Alexander; George Morgan; Voto Latino; Texas State Conference of the National Association for the Advancement of Colored People; Texas Alliance for Retired Americans, Plaintiffs-Appellees,
v.
John SCOTT, in his official capacity as Texas Secretary of State, Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Kevin J. Hamilton , Perkins Coie, L.L.P., Seattle, WA, Aria Branch , Marc Erik Elias , Attorney, Elias Law Group, L.L.P., Washington, DC, Stephanie Command , Perkins Coie, L.L.P., Washington, DC, Skyler Howton , Perkins Coie, L.L.P., Dallas, TX, Sarah Schirack , Perkins Coie, L.L.P., Anchorage, AK, for Plaintiffs-Appellees Madison Lee, Ellen Sweets, Benny Alexander, George Morgan, Voto Latino, Texas State Conference of the National Association for the Advancement of Colored People, Texas Alliance for Retired Americans.
Beth Ellen Klusmann, Esq. , Office of the Attorney General for the State of Texas, Austin, TX, Patrick K. Sweeten , Office of the Attorney General of Texas, Special Counsel Unit, Austin, TX, William Thomas Thompson , Assistant General Counsel, Attorney General of Texas, Office of Special Litigation, Austin, TX, for Defendant-Appellant.
Before Higginbotham, Willett, and Duncan, Circuit Judges.
Stuart Kyle Duncan, Circuit Judge:
Plaintiffs challenged as unconstitutional various provisions of the Texas Election Code regulating mail-in balloting and sued the Texas Secretary of State. We conclude that the Plaintiffs' suit is barred by sovereign immunity because the Secretary does not enforce the challenged provisions. We reverse and remand...
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