Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

A group of voters in Tarrant County, Texas, challenged the county’s decision to redraw the boundaries of its four commissioners precincts in 2025, a process that occurred outside the usual post-census redistricting cycle. The new map, adopted by a narrow 3–2 vote, shifted a significant number of voters—disproportionately Black, Latino, and Democratic—into precincts that would not hold commissioner elections until 2028, effectively postponing their opportunity to vote for a county commissioner by two years. The plaintiffs, who are racially diverse, argued that the redistricting was intended to harm racial minorities and Democratic voters, and that the mid-cycle timing unlawfully disenfranchised certain residents.The United States District Court for the Northern District of Texas denied the plaintiffs’ request for a preliminary injunction to block the use of the new map in the 2026 election. The district court dismissed the First Amendment claims as nonjusticiable under Supreme Court precedent, but allowed the race discrimination and vote postponement claims to proceed, ultimately finding that the plaintiffs had not shown a likelihood of success on the merits.On appeal, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a preliminary injunction. The Fifth Circuit held that claims of partisan gerrymandering are nonjusticiable in federal court, even when staggered elections result in some voters’ ballots being postponed. The court further held that the plaintiffs had not demonstrated that race was a motivating factor in the adoption of the new map, applying the Arlington Heights framework and finding no clear error in the district court’s assessment of the evidence. Finally, the court concluded that postponement of voting opportunities due to redistricting in a staggered election system does not violate the Constitution, as there is no right to vote on a particular schedule. View "Jackson v. Tarrant County" on Justia Law

Texas enacted Senate Bill 1, which included several provisions regulating how individuals may assist voters, particularly those who are blind, disabled, or illiterate. The challenged provisions required assistors to disclose personal information, amended the oath assistors must take, and prohibited compensated assistance or paid ballot harvesting. Various organizations with members who require or provide voting assistance argued that these provisions were preempted by Section 208 of the Voting Rights Act, which allows eligible voters to receive assistance from a person of their choice, with certain exceptions.The United States District Court for the Western District of Texas found that at least one plaintiff organization had standing to challenge each provision. The court held that Section 208 preempted all the challenged provisions, reasoning that the federal law did not permit states to impose additional limitations or exceptions beyond those stated in Section 208. As a result, the district court permanently enjoined state officials and certain district attorneys from enforcing the relevant sections of Senate Bill 1.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s decision. The Fifth Circuit concluded that none of the plaintiff organizations had standing to challenge the disclosure and oath provisions, as their fears of prosecution were speculative and did not constitute an actual or imminent injury. However, the court agreed that two organizations had standing to challenge the compensation provisions, as there was a credible threat of prosecution for their ongoing activities.Addressing the merits, the Fifth Circuit held that Section 208 of the Voting Rights Act does not preempt Texas’s compensation-related restrictions. The court found no clear and manifest congressional intent to preempt such state regulations and rejected the district court’s broader reading of Section 208. The Fifth Circuit reversed the district court’s judgment, vacated the permanent injunction, and remanded the case for further proceedings. View "La Union del Pueblo Entero v. Abbott" on Justia Law

Texas enacted a law in 2021 requiring voters who wish to vote by mail to provide an identification number—such as a driver’s license or the last four digits of their Social Security number—on both their mail-in ballot applications and the ballots themselves. This number must match the one provided during voter registration. If the numbers do not match or are missing, the application or ballot is rejected. The law was challenged by the United States and several private plaintiffs, who argued that these requirements violate the materiality provision of the Civil Rights Act of 1964, which prohibits denying the right to vote due to errors or omissions on paperwork if those errors are not material to determining voter qualification.The United States District Court for the Western District of Texas consolidated the lawsuits and denied Texas’s motion to dismiss, finding that the plaintiffs had standing and that sovereign immunity did not bar the private plaintiffs’ claims. After discovery, the district court granted summary judgment for the plaintiffs, holding that the identification number requirement was not material to voter eligibility and enjoined Texas from enforcing the number-matching provisions.On appeal, the United States Court of Appeals for the Fifth Circuit first determined that the district court lacked jurisdiction over the private plaintiffs’ claims against the Secretary of State due to a pending appeal on sovereign immunity, but found no jurisdictional bar to reviewing the United States’ claims. The Fifth Circuit held that the identification number requirement is material to determining whether an individual is qualified to vote under Texas law, as it serves to confirm the voter’s identity and prevent fraud. The court concluded that the law complies with the materiality provision of the Civil Rights Act and reversed the district court’s judgment, rendering judgment for the defendants. View "USA v. Paxton" on Justia Law

The Institute for Free Speech (IFS), a nonprofit organization that provides pro bono legal services for First Amendment litigation, sought to represent a Texas politician and a political committee in challenging a Texas election law. This law requires political advertising signs to include a government-prescribed notice. IFS refrained from entering into representation agreements due to fear of prosecution under the Texas Election Code, which prohibits corporations from making political contributions, including in-kind contributions such as pro bono legal services.The United States District Court for the Western District of Texas dismissed IFS's complaint for lack of Article III standing, concluding that IFS's claims were not ripe and that qualified immunity barred the individual-capacity claims. The district court assumed IFS had standing but found that the claims were not ripe because the prospective clients did not yet qualify as a candidate and a political committee. The court also concluded that sovereign immunity did not bar the official-capacity claims.The United States Court of Appeals for the Fifth Circuit reviewed the case and determined that IFS had standing to pursue its claims. The court found that IFS had demonstrated a serious intent to engage in constitutionally protected conduct, that its proposed conduct would violate Texas law, and that there was a substantial threat of enforcement. The court also concluded that IFS's claims were ripe for adjudication, as the prospective clients qualified as a candidate and a political committee under Texas law.The Fifth Circuit held that the district court erred in dismissing the case for lack of standing and ripeness. However, the court affirmed the dismissal of the individual-capacity claims based on qualified immunity, as the right to provide pro bono legal services in this context was not clearly established. The court also affirmed that the Ex parte Young exception to sovereign immunity applied, allowing the official-capacity claims to proceed. The case was remanded for further proceedings consistent with the opinion. View "Institute for Free Speech v. Johnson" on Justia Law

The case involves a challenge to a Mississippi statute that allows absentee ballots to be received up to five days after the federal Election Day. The plaintiffs, including the Republican National Committee and the Mississippi Republican Party, argued that this state law conflicts with federal statutes that establish a uniform Election Day for federal elections. The plaintiffs sought to enjoin state officials from enforcing the post-election ballot deadline.The United States District Court for the Southern District of Mississippi consolidated two lawsuits and granted summary judgment in favor of the defendants, which included various state election officials. The district court held that Mississippi's statute did not conflict with federal law and thus was not preempted. The plaintiffs appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case and reversed the district court's judgment. The Fifth Circuit held that the federal Election Day statutes preempt Mississippi's law because federal law mandates that all ballots must be received by Election Day. The court emphasized that the term "election" includes both the casting and receipt of ballots, and that the election is not consummated until all ballots are received. The court also noted that historical practices and other federal statutes support this interpretation. The case was remanded for further proceedings to determine appropriate relief, considering the proximity to upcoming elections. The court also vacated the district court's summary judgment on the plaintiffs' § 1983 claims and remanded for reconsideration. View "Republican National Committee v. Wetzel" on Justia Law

In response to challenges faced during the 2020 election, the Texas Legislature enacted S.B. 1 in 2021, which restricts paid "vote harvesting services." This law aims to protect the privacy of mail-in voters by prohibiting compensated interactions intended to influence votes. Plaintiffs, a coalition of organizations, challenged this provision on vagueness and First Amendment grounds, seeking injunctions against various Texas officials.The United States District Court for the Western District of Texas enjoined the enforcement of the vote harvesting provision of S.B. 1 on September 28, 2024, nearly three years after the law took effect and just three weeks before voting was to begin. The State of Texas then moved to stay the district court's order pending appeal.The United States Court of Appeals for the Fifth Circuit reviewed the case and granted the State's request for a stay. The court emphasized the Supreme Court's guidance in Purcell v. Gonzalez, which advises against altering election laws close to an election due to potential voter confusion and administrative burdens. The court found that the district court's injunction, issued after mail-in ballots had already been distributed, could lead to significant confusion and disruption.The Fifth Circuit held that the plaintiffs' constitutional challenge to S.B. 1 was not "entirely clearcut," failing to meet the criteria that might justify an exception to the Purcell principle. The court noted that the law's provisions were designed to protect voter privacy and security, similar to protections upheld by the Supreme Court for in-person voting. Consequently, the motion to stay the district court's injunction pending appeal was granted. View "La Union del Pueblo Entero v. Abbott" on Justia Law

Independent candidates and minor political parties in Texas challenged several provisions of the Texas Election Code, arguing that these provisions, when combined, violate their First and Fourteenth Amendment rights by imposing severe and unequal burdens on non-wealthy Independents and Minor Parties. The provisions in question include requirements for obtaining ballot access through primary elections, party nominations, or nominating petitions, as well as restrictions on petitioning methods and timelines.The United States District Court for the Western District of Texas denied the plaintiffs' motion for a preliminary injunction and the defendants' motion to dismiss. The court granted in part and denied in part the parties' cross-motions for summary judgment. The district court found that the requirement for candidates to submit hardcopy signatures for ballot access petitions was unconstitutional, reasoning that it imposed an unequal burden on the plaintiffs compared to Major Parties, which could use electronic methods. The court enjoined the enforcement of the paper-petitioning process but stayed its injunction pending appeal.The United States Court of Appeals for the Fifth Circuit reviewed the case and applied the Anderson-Burdick framework to evaluate the constitutionality of the ballot-access laws. The court found that the plaintiffs failed to prove that the challenged provisions imposed severe burdens on them. The court upheld the numerical signature requirement, the costs associated with obtaining signatures, the time constraints on petitioning, and the restrictive petitioning procedures as justified by legitimate state interests. The court also upheld the filing fee or petition requirement for Minor Party candidates and rejected the claim that the provisions imposed more severe restrictions on presidential Independents.The Fifth Circuit reversed the district court's finding that the paper-petitioning requirement was unconstitutional, noting that all candidates, regardless of party affiliation, must obtain petition signatures through hardcopy methods. The court affirmed the constitutionality of the challenged provisions and rendered judgment in favor of the defendants. View "Miller v. Nelson" on Justia Law

The case involves a group of civil rights organizations, voters, and an election official who sought to challenge recent amendments to Texas's election code, alleging that these amendments violated the United States Constitution and several federal statutes. The defendant was the District Attorney for Harris County, sued in her official capacity. The district court denied the District Attorney's motion to dismiss, holding that she was not immune from the plaintiffs' constitutional claims and that the plaintiffs had standing to bring their claims against her.The United States Court of Appeals for the Fifth Circuit held that it had jurisdiction to hear the appeal and that the district court should have dismissed the plaintiffs' constitutional claims as barred by sovereign immunity. The court did not reach the issue of standing. The court reversed in part, vacated in part, and remanded the case for further proceedings.The court's decision was based on the principle of sovereign immunity, which generally protects state officials from being sued in their official capacities. However, there is an exception to this rule, known as the Ex parte Young exception, which allows federal courts to enjoin state officials from enforcing unconstitutional state statutes. The court found that the District Attorney did not have a sufficient connection to the enforcement of the challenged laws to fall within this exception. Therefore, the court concluded that the District Attorney was immune from the plaintiffs' constitutional claims. View "Mi Familia Vota v. Ogg" on Justia Law

A Texas law, Senate Bill 1 (S.B. 1), related to voter registration and election integrity, was challenged by a group of plaintiffs (collectively referred to as LUPE) on the grounds that it chilled voter registration and was enacted with intent to discriminate against racial minorities. During the discovery phase of the lawsuit, LUPE sought documents and communications from the Harris County Republican Party (HCRP), which had been sent to or exchanged with the Texas Legislature and various members of the Texas executive branch regarding S.B. 1. The state defendants and non-party appellants (legislators) argued that some of these materials were protected by legislative privilege. The district court ruled that the legislative privilege did not apply.On appeal, the United States Court of Appeals for the Fifth Circuit reversed the district court's decision. The appellate court held that the legislative privilege was properly invoked and covered communications between the legislators and Alan Vera, the chair of the HCRP Ballot Security Committee, who had been involved in the legislative process relating to S.B. 1. The court further held that the legislative privilege did not yield under the circumstances of the case, as it did not meet the criteria for being an "extraordinary civil case" in which the privilege must yield. Therefore, the documents and communications sought by LUPE were protected by legislative privilege and not subject to discovery. View "La Union del Pueblo v. Bettencourt" on Justia Law

A non-profit organization, Vote.org, sued several county election officials in Texas, alleging that a state law requiring an original signature on a voter registration form violated the Civil Rights Act of 1964 and the First and Fourteenth Amendments. The law frustrated Vote.org's use of its smartphone app, which only allowed for digital signatures. The district court ruled in favor of Vote.org, but the United States Court of Appeals for the Fifth Circuit reversed the decision. The appellate court concluded that Vote.org had standing to sue, both in its own right and on behalf of third parties. The court found that the requirement for an original signature on a voter registration form did not violate the Civil Rights Act of 1964 or the First and Fourteenth Amendments. The court held that Texas's requirement of an original signature was a material condition of voter registration and served legitimate state interests in ensuring the reliability of the registration process and reducing fraud. The court also found that the burden imposed by the requirement was only slight and did not unduly burden the right to vote. Therefore, the court ruled in favor of the defendants. View "Vote.Org v. Paxton" on Justia Law