Marc Veasey v. Rick Perry
769 F.3d 890
| 5th Cir. | 2014Background
- Texas early voting starts Oct. 20; SB 14 voter ID law implemented since 2012.
- District court enjoined SB 14 on Oct. 11, 2014, nine days before voting.
- District court ordered return to pre-SB14 election laws; stayed pending appeal.
- Fifth Circuit reviews stay using four-factor test (likelihood of success, irreparable harm, balance harms, public interest).
- Court cites Purcell and other Supreme Court guidance on last-minute election changes.
- Weighing logistics: training 25,000 poll workers and 8,000 polling places on short notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stay pending appeal should be granted. | Veasey-LULAC argue district court should not alter election rules so close to vote. | State argues status quo preservation and likelihood of merit success favor stay. | Stay granted pending appeal. |
| Irreparable harm if stay denied. | Plaintiffs claim harm to voters and rights if injunction stands or not. | State asserts irreparable harm in disrupting election execution without stay. | Irreparable harm found to justify stay. |
| Public interest in maintaining orderly elections. | Delay harms voters by confusion and inconsistent application. | Public interest favors stable election machinery and uniform rules. | Public interest weighs in favor of stay. |
| Effect of last-minute changes on election laws. | Court should not permit eleventh-hour changes that affect voting rules. | Courts must guard against late alterations to election procedures. | District court’s near-term changes stayed. |
Key Cases Cited
- Purcell v. Gonzalez, 549 U.S. 1 (2006) (preserving status quo near elections; risk of confusion)
- Nken v. Holder, 556 U.S. 418 (2009) (four-factor stay framework; proximity considerations)
- Reynolds v. Sims, 377 U.S. 533 (1964) (equitable considerations near elections; mechanics of election laws)
- Williams v. Rhodes, 393 U.S. 23 (1968) (late election changes risk voter rights and absentee ballots)
- Frank v. Walker, 135 S. Ct. 7 (2014) (Supreme Court stay of injunctive relief affecting voting)
- Husted v. Ohio State Conference of NAACP, 135 S. Ct. 42 (2014) (stay of injunction regarding voting changes)
- League of Women Voters of North Carolina v. League of Women Voters of North Carolina, 769 F.3d 224 (4th Cir. 2014) (consideration of timing and election mechanics in stay)