State of Texas vs. Chris Hollins

The Anti-Defamation League Southwest Region and the Texas NAACP filed a brief in support of the Harris County Clerk in a lawsuit in which the Texas Attorney General seeks to stop the Harris County Clerk’s plan to send ballot-by-mail applications to all registered voters in Harris County.

In State of Texas vs. Chris Hollins, Texas Attorney General Ken Paxton claims the County Clerk of Harris County Texas does not have authority to send ballot-by-mail applications to all registered voters in the County. On September 8, 2020, the Texas NAACP and the ADL Southwest Region and, represented by the Brennan Center and Dechert LLP, filed a brief in support of the Harris County Clerk.

Background

On August 25, 2020, the Harris County Clerk, Chris Hollins, announced his intention to send ballot-by-mail ballot applications to all eligible voters in the County in advance of the 2020 election, accompanied by educational materials explaining the ballot-by-mail process and detailing the state’s eligibility requirements, among other information. Harris County has 2.4 million registered voters and is the most populous county in Texas. It is also one of the state’s most racially diverse counties. Harris County is one of the largest voting jurisdictions in the United States.

On August 31, the Texas Attorney General initiated a lawsuit, on behalf of the State of Texas, against Chris Hollins, in his official capacity as Harris County Clerk, in an attempt to block the Clerk from moving forward with this plan. The Attorney General argues that the plan exceeds the Harris County Clerk’s statutory authority.

On September 8, the ADL Southwest Region and the Texas NAACP filed a brief in support of the authority of the Harris County Clerk, arguing that the plan is plainly lawful under Texas election law.

On September 2, in a separate case, the Texas Supreme Court granted a time-limited stay against the Harris County Clerk from sending applications to registered voter under the age of 65 who have not requested them, until five days after the trial court acts.

On September 11, a Harris County district court denied the Attorney General’s application for a temporary injunction. The same day, the Attorney General filed a notice of accelerated interlocutory appeal to the First or Fourteenth Court of Appeals in Houston.

On September 14, the Fourteenth Court of Appeals issued an expedited briefing schedule. The appeal was fully briefed and submitted to the Court at 5:00pm on September 16. The Brennan Center and Dechert LLP filed an amicus brief, on behalf of the Texas NAACP and the ADL Southwest Region, in support of the Harris County Clerk.

On September 18, the Fourteenth Court of Appeals affirmed the district court’s denial of the state’s application for a temporary injunction.

On September 22, the state filed a combined petition for review and opening brief in the Texas Supreme Court.

On September 25, the Brennan Center and Dechert LLP an amicus brief, on behalf of the Texas NAACP and the ADL Southwest Region, in support of the Harris County Clerk.

On October 7, the Texas Supreme Court reversed the judgment of the Court of Appeals and remanded the case to the trial court with orders to enter a temporary injunction against the Harris County Clerk.

Documents

• Original Petition (Texas)
• Rule 11 Agreement
• Brief of Texas NAACP and ADL Southwest Region
• Defendant’s Witness List
• Defendant’s Opposition to Plaintiff’s Application for Temporary Restraining Order, Temporary Injunction and Permanent Injunction
• Defendant’s Answer to Plaintiff’s Original Verified Petition and Application for Temporary Restraining Order, Temporary Injunction and Permanent Injunction
• Plaintiff’s Verification of Original Verified Petition and Application for Temporary Restraining Order, Temporary Injunction and Permananet Injunction
• Brief of Amicus Curiae The League of Women Voters of Texas in Support of Defendant Chris Hollins
• Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Application for Temporary Restraining Order, Temporary Injunction and Permanent Injunction
• Joint Stipulation of Facts
• Plaintiff’s Supplemental Brief in Support of its Application for Temporary Injunction
• Defendant’s Proposed Findings of Fact and Conclusions of Law
• Order on Temporary Injunction Application
• Plaintiff’s Notice of Accelerated Interlocutory Appeal of Denial of its Motion for a Temporary Injunction
• Appellant’s Emergency Motion for Relief Under Rule 29.3 or in the Alternative for a Writ of Injunction
• Appellee’s Opposition to the State’s Emergency Motion for Relief Under Rule 29.3 or in the Alternative for a Writ of Injunction
• Letter of Amicus Curiae Wolfgang P. Hirczy de Mino, PhD in support of Defendant Chris Hollins
• Appellant’s Reply in Support of Emergency Motion for Relief Under Rule 29.3 or in the Alternative for a Writ of Injunction
• Order Regarding Court Proceedings Schedule
• Brief for Appellant
• Brief of Amici the Texas NAACP and ADL Southwest Region in the 14th Court of Appeals
• Brief of Appellee
• Brief of Amicus Curiae The League of Women Voters of Texas in Support of Appellee 
• Reply Brief for Appellant
• Memorandum Opinion from the 14th Court of Appeals
• Petition for Review and Opening Brief (Texas)
• Brief of Amici the Texas NAACP and ADL Southwest Region in the Supreme Court of Texas
• Brief of Amici the League of Women Voters of Texas in the Supreme Court of Texas
• Respondent’s Brief
• Brief of Amici the District of Columbia, California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Vermont, and Virginia in the Supreme Court of Texas
• Reply Brief (Texas)
• Brief of Amici Fort Bend County, Texas and the City of Houston in the Supreme Court of Texas
• Letter of Amici Henry W. Jones, III in the Supreme Court of Texas
• Post-Submission Letter from Respondent Chris Hollins
• Per Curiam