Houston Avoids Attorneys’ Fees in ‘Zombie’ Voter Petition Row

Jan. 2, 2026, 5:23 PM UTC

The City of Houston won’t pay $116,359 in opposing attorney’s fees because it conceded in the early stages of litigation that it couldn’t enforce an unconstitutional law banning non-residents from circulating a petition for a ballot ordinance, the Fifth Circuit ruled Friday.

The city conceded that the challenged provisions were unconstitutional “zombie laws” that were found unenforceable by courts but remained on the books.

The win for the city came despite the Fifth Circuit rejecting its argument that the 2025 US Supreme Court decision in Lackey v. Stinnie was applicable here.

In Lackey, the high court ruled Virginia drivers ...

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