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Remedying Malapportionment in Place for Decades

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
June 14, 2016
Available Online Only

Diamond v. Town of Manalapan (Patricia A. Seitz, S.D. Fla. 9:02-cv-80065)
A few weeks before a town commission election, four voters filed a federal complaint alleging malapportionment of commission districts because four commissioners represented 89 residents on one side of town and two commissioners represented 232 residents on the other side of town. The district judge denied the plaintiffs a preliminary injunction, which would disrupt a scheme that had been in place for decades, but ordered a constitutionally valid plan be in place within approximately six months. Following conversion of the commission to at-large elections with at least two commissioners from each side of town, the judge granted a voluntary dismissal of the suit.
Topics: Malapportionment; intervention; attorney fees.

One of many Case Studies in Emergency Election Litigation.