[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 04-15539 September 28, 2005 ________________________ THOMAS K. KAHN CLERK D. C. Docket No. 04-22572-CV-JLK

EMMA YAIZA DIAZ, EBONY ROBERTS, ANDRE NEAL BEMBRY, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, AMERICAN FOUNDATION, of State County and Municipal Employees, AFL-CIO, FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, AFL-CIO, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, Plaintiffs-Appellants,

versus

SECRETARY OF THE STATE OF FLORIDA, Glenda Hood, BROWARD COUNTY SUPERVISOR OF ELECTIONS, Brenda Snipes, DUVAL COUNTY, Supervisor of Elections, Jerry Holland, MIAMI DADE COUNTY, Supervisor of Elections, Constance Kaplan, ORANGE COUNTY, Supervisor of Elections, Bill Cowles, et al.,

Defendants-Appellees. ________________________

Appeal from the United States District Court for the Southern District of Florida _________________________

(September 28, 2005)

Before TJOFLAT and BARKETT, Circuit Judges, and MILLS *, District Judge.

PER CURIAM:

In this case, the district court dismissed Appellants’ Complaint on the

grounds that Appellants lacked standing to sue. The district court erred in this

conclusion. However, the parties have noted that the Florida law pertaining to

voter registration relevant to this case has been amended during the pendency of

this appeal. The district court judgment is VACATED and the case REMANDED

for further proceedings including the filing of an amended complaint, taking into

account the law as it presently exists.

* Honorable Richard Mills, United States District Judge for the Central District of Illinois, sitting by designation.

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