Luper v. Anchorage (James K. Singleton, Jr., Richard Tallman, and James A. von der Heydt, D. Alaska 3:03-cv-79)
A federal complaint challenged the forgoing of a runoff election because the leading candidate received more than 45% of the vote and in the same election voters approved a change in law allowing that, claiming that the new rule was invalid because it had not been precleared pursuant to section 5 of the Voting Rights Act. Because the change was precleared after the election, a three-judge court denied the plaintiffs a remedy, reasoning that failure to preclear the change was an innocent oversight.
Subject:: Ballot measures.Topics: Section 5 preclearance; three-judge court; ballot measure; matters for state courts; intervention.
One of many Case Studies in Emergency Election Litigation.