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Nullifying an Election Held Without Preclearance

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
March 14, 2023

Lyde v. Glynn County Board of Elections (Anthony A. Alaimo, S.D. Ga. 2:04-cv-91)
Voters filed a federal complaint to enjoin an election for members of a county board of education until changes to the composition of the board were precleared pursuant to section 5 of the Voting Rights Act. The district judge allowed the election to proceed to avoid confusion because there was still time to enjoin the election’s results. For part of election day at one polling place, a sign erroneously informed voters that the school-board primary had been enjoined, so the judge voided the election. The new composition was precleared in time for a substitute primary election in advance of the general election.
Subject: Election dates. Topics: Section 5 preclearance; enjoining elections; enjoining certification; primary election; three- judge court.

One of many Case Studies in Emergency Election Litigation.