Whether Texas's electioneering statutes violate the First Amendment by granting election workers unreviewable discretion to prohibit voter apparel at polling places when enforcement is inconsistent and haphazard and the state has presented no evidence of actual disruption caused by such apparel

No question identified. : To the Honorable Samuel A. Alito, Jr., Associate Justice of the Supreme Court of the United States and Circuit Justice for the Fifth Circuit: Pursuant to Supreme Court Rule 13.5, Petitioner Jillian Ostrewich respectfully requests an extension of time of 18 days to file her Petition for Writ of Certiorari in this Court, up to and including November 17, 2023. JUDGMENT FOR WHICH REVIEW IS SOUGHT The judgment for which review is sought is Ostrewich v. Tatum, No. 21-20577 (5th Cir. June 28, 2023) (attached as Exhibit 1). The Fifth Circuit Court of Appeals denied Ms. Ostrewich’s petition for rehearing en banc on July 31, 2023. A Petition for Writ of Certiorari is presently due on October 30, 2023. This application for an extension of time is filed more than ten days prior to that date. JURISDICTION This case arises under the First Amendment and 42 U.S.C. § 1983. The federal district court had jurisdiction under 28 U.S.C. §§ 1331, 1343. The Fifth Circuit affirmed in part and reversed in part. Specifically, this case asks whether Texas’s electioneering statutes violate the First Amendment by allowing thousands of election workers to exercise unreviewable discretion to prohibit a vast array of voter apparel in polling places when the extensive record reveals inconsistent and haphazard enforcement of the statutes, including depriving citizens of their right to vote and threatening them with arrest, and when the state produced no evidence of a single incidence of disruption caused by voter apparel. This Court has jurisdiction under 28 U.S.C. § 1254(1). REASONS FOR GRANTING EXTENSION OF TIME Good cause exists for the requested extension. Petitioner’s undersigned Counsel of Record is on litigation teams preparing multiple petitions for writs of certiorari due in this Court within the next two months. See, e.g., Yim v. City of Seattle, docket no. 22A1127 (petition due September 27, 2023); Preserve Responsible Shoreline Management v. City of Bainbridge Island, docket no. 22A1126 (petition due October 16, 2023); Haney v. Town of Mashpee, docket no. 23A98 (petition due October 31, 2023). She is also on the litigation team preparing supplemental briefs in the Nebraska Supreme Court in response to this Court’s GVRs in Fair v. Continental Resources (22-160) and Nieveen v. TAX 106 (22-237), due in August and September. This is Petitioner’s first request for an extension of time. CONCLUSION For the foregoing reasons, Petitioner requests that this Court grant an extension of 18 days, up to and including November 17, 2023, within which to file a petition for writ of certiorari. DATED: August 3, 2023. Respectfully submitted, Leber DEBORAH J. LA FETRA Counsel of Record Pacific Legal Foundation 555 Capitol Mall, Suite 1290 Sacramento, CA 95814 Telephone: (916) 419-7111 Facsimile: (916) 419-7747 Counsel for Petitioner CERTIFICATE OF SERVICE A copy of this application was served via email and U.S. mail to counsel listed below in accordance with Supreme Court Rules 22.2 and 29.3: Michael R. Abrams, counsel for Secretary of State and Attorney General Assistant Solicitor General Office of the Attorney General of Texas P.O. Box 12548 (MC-059) Austin, Texas 78711 Telephone: (512) 936-6407 Seth Barrett Hopkins, counsel for Harris County Elections Administrator Special Assistant County Attorney Harris County Attorney’s Office 1019 Congress, 15th Floor Houston, Texas 77002 Telephone: (713) 274-5141 seth. hopkins@cao. hctx.net Meagan T. Scott, counsel for Harris County District Attorney Kim Ogg Assistant District Attorney Harris County District Attorney’s Office 500 Jefferson, Suite 600 Houston, Texas 77002 Telephone: (713) 274-5816 DATED: August 3, 2023. Leben DEBORAH J.“LA FETRA Counsel of Record Pacific Legal Foundation 555 Capitol Mall, Suite 1290 Sacramento, CA 95814 Telephone: (916) 419-7111 Facsimile: (916) 419-7747 Counsel for Petitioner EXHIBIT 1 Case: 21-20577 Document: 112-1 Page:1 Date Filed: 06/28/2023 Guited States C