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Votes on City Incorporation by Voters Who Might Not Be in the New City

Robert Timothy Reagan
January 11, 2017
Available Online Only

Davis v. Cooney (Eleanor L. Ross, N.D. Ga. 1:16-cv-3844)
A voter filed a suit to stop a referendum on the incorporation of a new city because two regions of the proposed city might not be included in the new city, depending on the results of other litigation, and so voters in those regions allegedly would dilute the plaintiff’s vote. The district judge determined that the Equal Protection Clause did not restrict who could vote on incorporation as the plaintiff alleged.
Topics: Enjoining elections; equal protection; ballot measure.

One of many Case Studies in Emergency Election Litigation.