Caudell v. Thomas (William C. O’Kelley, N.D. Ga. 2:10-cv-217)
A defendant probate judge removed to federal court an action seeking relief from ballot errors in an election for county commissioners. The composition of the commission had recently changed from a chair in post 1 and two other members in posts 2 and 3, all elected at large, to a chair elected at large and four members representing districts 1 through 4. Commissioners in districts 1 and 3 were up for election, but the ballot listed them as running for posts 1 and 3. In addition, the plaintiffs alleged malapportionment. The federal district judge remanded the ballot issue as a state matter but retained the malapportionment challenge for regular proceedings. The parties, however, stipulated dismissal.
Subject: Voting irregularities. Topics: Election errors; matters for state courts; malapportionment; removal.

One of many Case Studies in Emergency Election Litigation.