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Customary Right of Appointment

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
July 18, 2013
Available Online Only

Holley v. City of Roanoke (W. Harold Albritton, M.D. Ala. 3:01-cv-775)
A federal complaint challenged a refusal by a city council to reappoint a board of education member in violation of a customary practice in which each member of the council names the board member for the council member’s district. A three-judge district court was appointed to hear a claim that the alleged change in practice violated section 5 of the Voting Rights Act. After a hearing, the court dismissed the section 5 claim because it concerned appointment rather than voting. The original district judge dismissed other claims because the evidence was that the deviation from custom was motived by policy disagreements rather than by race. A remaining claim was dismissed voluntarily.
Subject: Voting irregularities. Topics: Section 5 preclearance; three-judge court; equal protection.

One of many Case Studies in Emergency Election Litigation.