Texas Democratic Party v. Hughs, No. 20-50683 (5th Cir. 2021)Annotate this Case
The Fifth Circuit reversed the district court's denial of sovereign immunity in an action brought by voters and political organizations against the Texas Secretary of State seeking to enjoin the enforcement of HB 1888, a state law that bars counties from operating mobile or pop-up early voting locations.
The court concluded that Mi Familia Vota v. Abbott, which held that the Secretary has no connection to the enforcement of Texas Election Code 85.062–85.063 because local officials are responsible for administering and enforcing those statutes, is controlling in this case. The court explained that, if the Secretary has no connection to the enforcement of section 85.062 or 85.063, then it follows that she has no connection to the enforcement of HB 1888, as codified in the neighboring section 85.064, which governs the days and hours of voting at temporary branch locations. Because the Secretary is not sufficiently connected to the enforcement of HB 1888, the court need not consider her argument that plaintiffs are seeking improper relief under Ex parte Young. Accordingly, the court remanded from this interlocutory appeal with instructions to dismiss.
This opinion or order relates to an opinion or order originally issued on November 4, 2020.