Amicus Brief in 5th Circuit Texas voting lawsuit

I have filed this amicus brief in Richardson v. Flores on Texas’s signature matching rule, which invalidates a ballot even when a voter is not given timely notice of a perceived signature mismatch and therefore does not have an opportunity to cure the defect.

My brief focuses on the proper application of the Anderson–Burdick balancing test for the right to vote. It explains how some courts have improperly read the second and third prongs–the requirement that the state identify its precise interests and explain why those interest justify burdening voters–out of the analysis. My hope is that the 5th Circuit does not make the same mistake and instead puts Texas to the test to justify its rule, even if the court finds that the law does not impose a severe burden.

Thanks to the great lawyers at Paul, Weiss for their assistance! Read the brief by clicking here.