Vicente Topasna BORJA; Edmund Frederick Schroeder, Jr.; Ravinder Singh Nagi; Patricia Arroyo Rodriguez; Laura Castillo Nagi; Right To Democracy Project, Plaintiffs-Appellants,
v.
Scott T. NAGO, in his official capacity as Chief Election Officer for the Hawaii Office of Elections; United States of America; Federal Voting Assistance Program; David Beirne, in his official capacity as Director of the Federal Voting Assistance Program; Lloyd J. Austin III, in his official capacity as Secretary of Defense; Glen Takahashi, in his official capacity as Clerk of the City and County of Honolulu, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 12, 2024 Honolulu, Hawaii.
Filed August 30, 2024.
Attorney(s) appearing for the Case
Parker A. Rider-Longmaid (argued), Shay Dvoretzky, Andrew Hanson, Geoffrey M. Wyatt, Hanaa Khan, and Steven Marcus, Skadden Arps Slate Meagher & Flom LLP, Washington, D.C.; Zachary Martin, Skadden Arps Slate Meagher & Flom LLP, Boston, Massachusetts; Jeremy Patashnik, Skadden Arps Slate Meagher & Flom LLP, New York, New York; Pamela L. Colon, Law Offices of Pamela Lynn Colon LLC, Christiansted, Virgin Islands; Neil C. Weare, Equally American Legal Defense and Education Fund, Washington, D.C.; Vanessa L. Williams, Law Office of Vanessa L. Williams, Hagåtña, Guam; Anthony Quan Jr., The QK Group, Honolulu, Hawaii; for Plaintiffs-Appellants. Brian J. Springer (argued) and Michael Raab, Appellate Staff Attorneys; Clare E. Connors, United States Attorney; Brian M. Boynton, Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; Jennifer H. Tran (argued), Lori N. Tanigawa, and Jennifer H. Crum, Deputy Attorneys General; Kaliko'Onalani D. Fernandes, Deputy Solicitor; Anne E. Lopez, Attorney General of Hawaii; Office of the Hawaii Attorney General, Honolulu, Hawaii; Dana A. Barbata, Civil Chief, Office of the United States Attorney, Honolulu, Hawaii; Robert M. Kohn and Ernest H. Nomura, Deputies Corporation Counsel, Honolulu City and County Department of the Corporation Counsel, Honolulu, Hawaii; for Defendants-Appellees.
Danielle M. Lang, Jonathan M. Diaz and Nicole H. Hansen, Campaign Legal Center, Washington, D.C.; Ruth M. Greenwood and Nicholas O. Stephanopoulos, Election Law Clinic at Harvard Law School, Cambridge, Massachusetts; for Amicus Curiae Campaign Legal Center.
Dwyer Arce, Kutak Rock LLP, Omaha, Nebraska; for Amicus Curiae Virgin Islands Bar Association.
Dissent by Judge Richard A. Paez
OPINION
M. SMITH, Circuit Judge:
Before 1975, Hawaii did not allow its former residents to continue voting by absentee ballot in its federal elections after they permanently moved from the state. Since then, however, federal law has required Hawaii to provide that right to its former voting-eligible residents who move outside of the United...
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