Andrade v. NAACP of Austin

The secretary of state of Texas was responsible for certifying voting systems prior to the adoption of the system by local political subdivisions. A board of examiners received applications for certification, and the board prepared a report. The secretary of state then held a public hearing on the system and determined whether the system met applicable approval requirements. For each approved application, the secretary of state submitted a report explaining whether the system was approved. Once certified, local political subdivisions could adopt an electronic voting system for use in elections. Additional testing on machine logic and accuracy was required for voting systems involving direct-recording electronic machines (DREs). DREs allowed a direct vote to be recorded through the touch of a monitor, screen, or other device. The DRE then stored the results within the machine. eSlate is a DRE that was certified by the secretary of state. eSlate had been used in Travis County since 2003. The NAACP of Austin sued Texas Secretary of State Esperanza Andrade (defendant), alleging that the certification of eSlate violated Texas election law and the constitution, and sought a declaratory judgment and injunction prohibiting the use of any paperless election systems without an independent paper-ballot mechanism. Andrade filed both a plea to the jurisdiction, arguing that the court did not have subject-matter jurisdiction, and a motion for summary judgment, asserting that voters lacked standing and that Andrade was immune from suit. The trial court denied Andrade’s plea and motion. Andrade appealed. The court of appeals was divided but affirmed the trial court’s decision. Andrade appealed.