Richardson v. Texas Secretary of State, No. 20-50774 (5th Cir. 2020)Annotate this Case
After movants, who were the plaintiffs in a separate but similar case, were denied intervention in the district court, they moved to intervene in the Secretary of State's ongoing appeal concerning signature-verification procedures for ballots.
The Fifth Circuit denied the motion to intervene because intervention on appeal is reserved for exceptional cases and movants' reasons for intervening do not come close to that high threshold. The court rejected movants' argument in favor of intervention because their appeal needs to be consolidated with the Secretary's appeal. The court explained that, because both movants and the Secretary are appealing from the same order, both appeals have been docketed under the same case number in this court. Therefore, assuming the motion to intervene in the Secretary's appeal is denied, the same merits panel will hear both the Secretary's appeal of the summary judgment and movants' appeal of the denial of their motion to intervene. The court stated that, to the extent movants want their voices heard, the proper procedure is to move to appear as amici curiae, not to move to intervene. Finally, the court declined to strike the motion.
This opinion or order relates to an opinion or order originally issued on October 19, 2020.