Landry v. Kenner (Carl J. Barbier, E.D. La. 2:04-cv-85)
In a dispute over the date for a special election to replace a mayor elected to the parish council, voters filed a federal complaint alleging that the resigning mayor’s setting the election date was contrary to law and therefore a change in voting requiring preclearance pursuant to section 5 of the Voting Rights Act. The district judge concluded that actions in violation of law could not be seen as a change in the law, so he dismissed the section 5 case.
Subject: Election dates. Topics: Enjoining elections; section 5 preclearance; three-judge court; matters for state courts.
One of many Case Studies in Emergency Election Litigation.