Hernandez v. Kirkham (Marcia A. Crone, E.D. Tex. 1:05-cv-134)
Eleven days after an election to create a hospital district, five residents filed a federal complaint charging that the election and earlier precinct changes had not received preclearance pursuant to section 5 of the Voting Rights Act. At a district-court hearing two days later, the parties agreed to a temporary restraining order that enjoined the conveyance of any property to the hospital district until the end of April. The Justice Department granted preclearance in April, so the district-court action was dismissed.
Subject: Ballot measures. Topics: Section 5 preclearance; three-judge court.
One of many Case Studies in Emergency Election Litigation.