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Section 5 Preclearance Not Required for Misapplication of Election Law

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
March 14, 2023

Landry v. Kenner (Carl J. Barbier, E.D. La. 2:04-cv-85)
In a dispute over the date for a special election to replace a mayor elected to the parish council, voters filed a federal complaint alleging that the resigning mayor’s setting the election date was contrary to law and therefore a change in voting requiring preclearance pursuant to section 5 of the Voting Rights Act. The district judge concluded that actions in violation of law could not be seen as a change in the law, so he dismissed the section 5 case.
Subject: Election dates. Topics: Enjoining elections; section 5 preclearance; three-judge court; matters for state courts.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 2 pages

Tags:
Election Litigation | Election Dates | Enjoining Elections | Matters for State Courts | Section 5 Preclearance | Three-judge Court | Voting Rights Act | Emergency Proceedings | U.S. District Courts | E.D. La.