Case: 20-50407
Document: 00515441096
Page: 11
Date Filed: 06/04/2020
No. 20-50407
plaintiff must demonstrate (1) that he or she suffered an injury in fact that is
concrete, particularized, and actual or imminent, (2) that the injury was caused
by the defendant, and (3) that the injury would likely be redressed by the
requested judicial relief.” Thole v. U.S. Bank N.A., No. 17-1712, 2020 WL
2814294, at *2 (U.S. June 1, 2020). The state officials assert that the plaintiffs
cannot satisfy the last two prongs, because “[a]cceptance or rejection of an
application to vote by mail falls to local, rather than state, officials.”
Our precedent, however, poses a significant obstacle. In OCA-Greater
Houston v. Texas, 867 F.3d 604, 612–13 (5th Cir. 2017), we considered a challenge to Texas Election Code section 61.033, which requires an interpreter to
“be a registered voter of the county in which the voter needing the interpreter
resides.” Texas averred that the second and third standing factors were not
satisfied, because the plaintiff’s injury was caused by local election officials—
who determined whether a voter could serve as an interpreter—not the state
or its Secretary of State. Id. at 613. The panel rejected that position, holding
that the “invalidity of a Texas election statute is, without question, fairly traceable to and redressable by . . . its Secretary of State, who serves as the ‘chief
election officer of the state.’” Id. (quoting TEX. ELEC. CODE § 31.001(a)).
So too here. Texas’s vote-by-mail statutes are administered, at least in
in the first instance, by local election officials. 18 But the Secretary of State has
the duty to “obtain and maintain uniformity in the application, operation, and
interpretation of” Texas’s election laws, including by “prepar[ing] detailed and
comprehensive written directives and instructions relating to” those vote-bymail rules. TEX. ELEC. CODE § 31.003. And the Secretary of State has the
See TEX. ELEC. CODE § 83.005 (“The city secretary is the early voting clerk for an
election ordered by an authority of a city.”); id. § 86.001(a) (“The early voting clerk shall
review each application for a ballot to be voted by mail.”).
18
11
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