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Failure to Preclear a Change in the Percentage of Votes Needed to Avoid a Runoff Election

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

Luper v. Anchorage (James K. Singleton, Jr., Richard Tallman, and James A. von der Heydt, D. Alaska 3:03-cv-79)
A federal complaint challenged the forgoing of a runoff election because the leading candidate received more than 45% of the vote and in the same election voters approved a change in law allowing that, claiming that the new rule was invalid because it had not been precleared pursuant to section 5 of the Voting Rights Act. Because the change was precleared after the election, a three-judge court denied the plaintiffs a remedy, reasoning that failure to preclear the change was an innocent oversight.
Subject:: Ballot measures.Topics: Section 5 preclearance; three-judge court; ballot measure; matters for state courts; intervention.

One of many Case Studies in Emergency Election Litigation.