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Campaign Legal Ctr. v. Scott

Campaign Legal Ctr. v. Scott

United States Court of Appeals for the Fifth Circuit

September 29, 2022, Filed

No. 22-50692

Opinion

 [*932]  Edith H. Jones [**2] , Circuit Judge:

The Plaintiffs obtained an injunction from the district court requiring the State of Texas to provide information including the names and voter identification numbers  [*933]  of persons suspected of being noncitizens though registered to vote. Reversing the district court, we hold that the organizations constituting the Plaintiffs lack standing to bring their claim under the National Voter Registration Act of 1993 ("NVRA"). Consequently, we REVERSE and REMAND with instructions to DISMISS.1

I. BACKGROUND

This action arises from federal and state law, specifically, the NVRA's "public disclosure provision," 52 U.S.C. § 20507(i)(1), and Sections 16 and 31 of the Texas Election Code.

] The NVRA is designed to "increase the number of eligible citizens who register to vote" and "enhance[] the participation of eligible citizens as voters" in federal elections. 52 U.S.C. § 20501(b)(1)-(2). Equally important, the NVRA is intended to "protect the integrity of the electoral process" and "ensure that accurate and current voter registration rolls are maintained." Id. § 20501(b)(3)-(4). In line with the latter goals:

Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and [**3]  activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered.

Id. § 20507(i)(1). ] "A person who is aggrieved by a violation of [the NVRA] may provide written notice of the violation to the chief election official of the State involved" and may file suit for injunctive relief if the violation goes uncorrected. Id. § 20510(b)(1)-(2).

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49 F.4th 931 *; 2022 U.S. App. LEXIS 27312 **

CAMPAIGN LEGAL CENTER; AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF TEXAS; MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND, INCORPORATED; LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW; DEMOS A NETWORK FOR IDEAS AND ACTION, LIMITED, Plaintiffs—Appellees, versus JOHN B. SCOTT, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE STATE OF TEXAS, Defendant—Appellant.

Prior History:  [**1] Appeal from the United States District Court for the Western District of Texas. USDC No. 1:22-CV-92.

Campaign Legal Ctr. v. Scott, 2022 U.S. Dist. LEXIS 144848, 2022 WL 3221301 (W.D. Tex., Aug. 2, 2022)

CORE TERMS

voters, downstream, records, concrete, Plaintiffs', district court, non-citizens, injury in fact, injunction, voter registration, public disclosure, register to vote, identification, election, eligible, attorney general, flagged

Civil Rights Law, Protection of Rights, Voting Rights, Enforcement Actions, Governments, State & Territorial Governments, Elections, Registration, Voter Identification, Civil Procedure, Justiciability, Standing, Burdens of Proof, Evidence, Burdens of Proof, Allocation, Appeals, Standards of Review, Clearly Erroneous Review, Injury in Fact, Constitutional Law, Case or Controversy, Elements, Local Governments, Claims By & Against