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Rushed Election to Fill a Vacancy

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
August 29, 2023

Butler v. City of Columbia (Cameron McGowan Currie, D.S.C. 3:10-cv-794)
When a city council member resigned, the city had to decide whether to follow the normal schedule for a replacement election or add the replacement election to an earlier city election already scheduled. The state’s supreme court determined that the replacement election should be on the earlier date. A retired law professor filed a pro se complaint claiming that the early election had not been precleared pursuant to section 5 of the Voting Rights Act. A three-judge district court enjoined the early election because it had not been precleared.
Subject: Election dates. Topics: Section 5 preclearance; three-judge court; enjoining elections; pro se party; intervention.

One of many Case Studies in Emergency Election Litigation.