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Retroactive Preclearance for Emergency Consolidation of Polling Places

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
April 7, 2016
Available Online Only

Leyva v. Bexar County Republican Party (Edward C. Prado, W.D. Tex. 5:02-cv-408)
Nearly seven weeks after an election for which polling places were consolidated because of an unexpected shortage of poll workers, a federal complaint challenged the consolidations for not being precleared pursuant to section 5 of the Voting Rights Act. The district judge denied immediate relief because the county intended to seek preclearance and election records would be preserved. In time, the county received retroactive preclearance and a three-judge district court declined to void the election.
Topics: Poll locations; section 5 preclearance; three-judge court; polling hours; primary election; intervention; news media.

One of many Case Studies in Emergency Election Litigation.