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Consent Litigation Over Section 5 Preclearance

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 4, 2023

Walker v. Cunningham (Lisa Godbey Wood, S.D. Ga. 2:12-cv-152)
After the Justice Department denied preclearance for county district lines already used in a July 2012 primary election, the incumbents and the county engaged in consent litigation to obtain new district lines from the federal court. A three-judge district court enjoined use of the election results. Enlisting the cooperation of the state’s reapportionment office, the court drew new district lines, which were used for a special election to be held in May 2013.
Subject: District lines. Topics: Malapportionment; section 5 preclearance; three-judge court; enjoining elections; intervention; primary election.

One of many Case Studies in Emergency Election Litigation.