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Hassan Swannv.Secretary, State Of Georgia, Et Al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.10-14901
DecidedFebruary 2, 2012
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilElection LawVoting RightsConstitutional LawStandingEqual ProtectionDue ProcessSummary JudgmentVacaturRemand
Case Summary

During the 2008 election, Georgia jail inmate Hassan Swann applied for an absentee ballot but listed his DeKalb County home as the mailing address and left the jail-address field blank. He did not receive the ballot and sued Georgia and DeKalb County election officials, arguing that the state’s absentee-ballot statute violated equal protection and due process by preventing county jails from receiving ballots for incarcerated voters. The district court granted the officials summary judgment without deciding standing. The Eleventh Circuit vacated that judgment and ordered dismissal for lack of subject-matter jurisdiction. It held that Swann’s alleged injury was not fairly traceable to the officials because, regardless of how the statute was applied, the ballot would have been mailed to the home address he supplied, not the jail. The court rejected his futility argument because he could only speculate that officials would have refused a request expressly directing delivery to the jail. Because standing was absent, the court did not reach the constitutional merits and remanded with instructions to dismiss.

Opinion

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Hassan Swann V. Secretary, State Of Georgia, Et Al. — The Atlanta Gleaner