Case: 22-50110 Document: 00516364917 Page: 1 Date Filed: 06/21/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 21, 2022
No. 22-50110 Lyle W. Cayce
Clerk
Isabel Longoria; Cathy Morgan,
Plaintiffs—Appellees,
versus
Warren K. Paxton, in his official capacity as Attorney General of Texas;
Shawn Dick, in his official capacity as Williamson County District
Attorney,
Defendants—Appellants.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:21-CV-1223
Before Southwick, Haynes, and Higginson, Circuit Judges.
Per Curiam:*
As we explained in our March 21, 2022, opinion certifying questions
to the Texas Supreme Court, this case presents a constitutional challenge to
two provisions of the Texas Election Code—§ 276.016(a)(1) (the “anti-
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 22-50110 Document: 00516364917 Page: 2 Date Filed: 06/21/2022
No. 22-50110
solicitation provision”) and § 31.129 (the “civil liability provision”). The
district court granted Plaintiffs Cathy Morgan and Isabel Longoria a
preliminary injunction, enjoining enforcement of the challenged provisions.
Two defendants—Ken Paxton, the Texas Attorney General, and Shawn
Dick, the Williamson County District Attorney—appealed. The only issues
before us are Morgan’s challenge to Dick’s enforcement of the anti-
solicitation provision and Longoria’s challenge to Paxton’s enforcement of
the civil liability provision.
We certified questions to the Texas Supreme Court on issues directly
affecting Morgan and Longoria’s standing. On June 10, 2022, the Texas
Supreme Court answered those certified questions. Paxton v. Longoria, No.
22-0224, 2022 WL 2080867 (Tex. June 10, 2022). As to this case, the Texas
Supreme Court held that Morgan, as a Volunteer Deputy Registrar, is not a
“public official” within the meaning of the Texas Election Code. Id. at *4.
Therefore, the anti-solicitation provision does not apply to her, and she lacks
standing to pursue her claim against Dick. See Speech First, Inc. v. Fenves, 979
F.3d 319, 330 (5th Cir. 2020). Thus, we vacate the preliminary injunction as
to Dick, and remand the case to the district court with instructions to dismiss
Morgan’s claim against him for want of jurisdiction. Dick’s motion to
remand is accordingly denied as moot.
The Texas Supreme Court also held, as to this case, that Paxton lacks
authority to enforce the civil liability provision. Paxton, 2022 WL 2080867,
at *7. Therefore, he lacks the requisite connection to the enforcement of the
civil liability provision for application of Ex parte Young, and Longoria’s
claims are thus barred by sovereign immunity. See Tex. Democratic Party v.
Abbott, 978 F.3d 168, 179 (5th Cir. 2020), cert. denied, 141 S. Ct. 1124 (2021).
We accordingly vacate the preliminary injunction as to Paxton, and remand
the case to the district court with instructions to dismiss Longoria’s claim
against him for want of jurisdiction.
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Case: 22-50110 Document: 00516364917 Page: 3 Date Filed: 06/21/2022
No. 22-50110
The remainder of the injunction was not appealed—therefore, it is not
properly before us.
VACATED and REMANDED. Appellant Dick’s Motion for
Remand is DENIED as moot.
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