OSTREWICH v. TATUM

No. 21-20577.

72 F.4th 94 (2023)

Jillian OSTREWICH, Plaintiff-Appellant/Cross-Appellee, v. Clifford TATUM, in his official capacity as Harris County Elections Administrator; Jane Nelson, in her official capacity as Secretary of State of Texas; John Scott, in his official capacity as the Attorney General of Texas, Defendants-Appellees/Cross-Appellants, Kim Ogg, in her official capacity as Harris County District Attorney, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED June 28, 2023.


Attorney(s) appearing for the Case

Deborah J. La Fetra , Erin Elizabeth Wilcox , Attorney, Pacific Legal Foundation, Sacramento, CA, for Plaintiff-Appellant/Cross-Appellee.

Stanley Michael Clark , Seth Barrett Hopkins , County Attorney's Office, for the County of Harris, Houston, TX, for Defendant-Appellee/Cross-Appellant Clifford Tatum.

Michael Abrams , Office of the Attorney General of Texas, Austin, TX, Christopher D. Hilton , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendants-Appellees/Cross-Appellants Jane Nelson, John Scott.

Meagan T. Scott , Harris County District Attorney's Office, Houston, TX, for Defendant-Appellee.

Thomas Arthur Berry , Cato Institute, Washington, DC, for Amicus Curiae Cato Institute.

Before Clement, Duncan, and Wilson, Circuit Judges.


America's "early elections were not a very pleasant spectacle" for voters. Burson v. Freeman, 504 U.S. 191, 202, 112 S.Ct. 1846, 119 L.Ed.2d 5 (1992) (plurality opinion) (quotation omitted). Indeed, in the nineteenth century, polling places were often a place of bedlam: "Sham...

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