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Preclearance for a Zoning Election

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
August 28, 2023

Watson v. Fuhrmeister (Karon O. Bowdre, N.D. Ala. 2:03-cv-1960)
One week before a special election, voters filed a federal complaint alleging that the special election was in violation of section 5 of the Voting Rights Act because the election’s question, whether a county precinct would be subject to zoning by a county planning commission, pertained to zoning laws that had not been precleared. Defendants acknowledged that the laws in question had not been precleared, so the court enjoined the election. The action was dismissed on notice of preclearance.
Subject: Ballot measures. Topics: Enjoining elections; section 5 preclearance; ballot measure.

One of many Case Studies in Emergency Election Litigation.