Vicente Borja v. Scott Nago

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VICENTE TOPASNA BORJA; No. 22-16742

EDMUND FREDERICK

SCHROEDER, Jr.; RAVINDER D.C. No. SINGH NAGI; PATRICIA ARROYO 1:20-cv-00433-

RODRIGUEZ; LAURA CASTILLO JAO-RT

NAGI; RIGHT TO DEMOCRACY

PROJECT,

OPINION

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. Appeal from the United States District Court for the District of Hawaii Jill Otake, District Judge, Presiding

Argued and Submitted February 12, 2024 Honolulu, Hawaii

Filed August 30, 2024

Before: RICHARD A. PAEZ, MILAN D. SMITH, JR., and LUCY H. KOH, Circuit Judges.

Opinion by Judge Milan D. Smith, Jr.; Dissent by Judge Richard A. Paez

SUMMARY *

Uniformed and…