TEXAS STATE LULAC v. ELFANT

No. 22-50690.

52 F.4th 248 (2022)

TEXAS STATE LULAC; Voto Latino, Plaintiffs-Appellees, v. Bruce ELFANT, et al., Defendants, v. Lupe C. Torres, in her Official Capacity as the Medina County Elections Administrator; Terrie Pendley, in her Official Capacity as the Real County Tax Assessor-Collector; Ken Paxton, Texas Attorney General, Intervenor Defendants-Appellants.

United States Court of Appeals, Fifth Circuit, for the Fifth Circuit.

FILED October 26, 2022.


Attorney(s) appearing for the Case

Uzoma Nkem Nkwonta , Christopher D. Dodge , Melinda K. Johnson , Michael Brandon Jones , Graham White , Elias Law Group, L.L.P., Washington, DC, Luis Roberto Vera, Jr., Esq. , Law Offices of Luis Roberto Vera, Jr. & Associates, San Antonio, TX, for Plaintiffs-Appellees.

Autumn Hamit Patterson , Robert E. Henneke , Chance Weldon , Texas Public Policy Foundation, Austin, TX, for Intervenor Defendants-Appellants Lupe C. Torres, Terrie Pendley.

Lanora Christine Pettit , Benjamin D. Wilson , Office of the Attorney General of Texas, Office of the Solicitor General, Kathleen Theresa Hunker , Office of the Attorney General of Texas, Special Litigation Unit, Beth Ellen Klusmann, Esq. , Office of the Texas Attorney General, Austin, TX, for Intervenor Defendant-Appellant Ken Paxton.

Kathleen R. Hartnett , Cooley, L.L.P., San Francisco, CA, for Amicus Curiae Lisa Wise, El Paso County Elections Administrator.

Jonathan Gabriel Chaim Fombonne , Harris County Attorney's Office, Houston, TX, for Amicus Curiae Clifford Tatum, Harris County Elections Administrator.

Before Clement, Duncan, and Wilson, Circuit Judges.


Plaintiffs are two voter registration organizations who challenged Texas's recently revised requirements for voter residency. The district court concluded Plaintiffs had organizational standing because the new laws caused them to divert resources from other projects and also chilled their ability to advise and...

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