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Preclearance Required for Reduction in Polling Locations

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
November 1, 2023

Miguel Hernandez Chapter of the American GI Forum v. Bexar County (Royal Furgeson, 5:03-cv-816) and American GI Forum v. Bexar County (Fred Biery, No. 5:04-cv-181) (W.D. Tex.)
A federal complaint challenged a reduction in early-voting locations without preclearance pursuant to section 5 of the Voting Rights Act. The district judge issued a temporary restraining order requiring additional voting locations, and the county opened several more. A suit by the same plaintiff and others about seven months later respecting a primary election for political-party chairs resulted in a temporary restraining order from a different district judge ordering only one polling place reopened, but preclearance arrived later that day, and the judge dismissed the action except for jurisdiction to enforce the temporary restraining order. The court of appeals stayed the temporary restraining order pending appeal, and the appeal was voluntarily dismissed after the election.
Subject: Absentee and early voting. Topics: Poll locations; section 5 preclearance; early voting; primary election; ballot measure; attorney fees.

One of many Case Studies in Emergency Election Litigation.