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Constitutionality of a Dual-Majority Requirement

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
April 10, 2015
Available Online Only

Tigrett v. Cooper (S. Thomas Anderson, W.D. Tenn. 2:10-cv-2724)
A federal complaint alleged vote dilution in a dual-majority requirement for a 2010 referendum on the consolidation of city and county governments. An agreed preliminary injunction enjoined certification of the forthcoming referendum results and required referendum votes in the county to be counted separately for voters within and outside the city. Although the referendum failed, the district judge determined that the case was not moot. In 2014, the judge granted summary judgment against the plaintiffs. Disagreeing on the mootness question, the court of appeals dismissed the appeal.
Topics: Ballot measure; equal protection; section 2 discrimination; enjoining certification; ballot segregation; intervention.

One of many Case Studies in Emergency Election Litigation.