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Preclearance Not Required for How Election Officials Are Selected

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 2, 2023

Selma Coalition for Equality and Change v. City of Selma (Edward C. Prado, W.D. Tex. 5:00-cv-498)
Unsuccessful candidates in a city council election filed a federal complaint alleging that election procedures had not been precleared pursuant to section 5 of the Voting Rights Act. Two years later, a three-judge district court determined that remaining claims for how election officials were appointed were not section 5 violations. The court initially awarded the defendants attorney fees, but it denied fees on reconsideration because of the more rigorous standard for awarding fees to defendants in civil rights cases.
Subject: Voting procedures. Topics: Section 5 preclearance; three-judge court; attorney fees; poll locations.

One of many Case Studies in Emergency Election Litigation.