Jenkins v. Ray (Clay D. Land, M.D. Ga. 4:06-cv-43)
After school-board redistricting had received preclearance pursuant to section 5 of the Voting Rights Act, it was discovered that the district line ran through the school-board chair’s property and his dwelling was no longer in the district he represented. Three months before a school-board election, six voters filed a federal complaint challenging the preclearance. The assigned judge issued a temporary restraining order suspending the ballot-qualification deadline, and a three-judge district court held an evidentiary hearing at the end of the next month. The three-judge court determined that redistricting the incumbent out of his district required preclearance, so election officials allowed him to continue to represent and vote in his original district.
Subject: District lines. Topics: Section 5 preclearance; three-judge court; getting on the ballot; enforcing orders; provisional ballots.
One of many Case Studies in Emergency Election Litigation.