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Preclearance of an Election to Create a Hospital District

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

Hernandez v. Kirkham (Marcia A. Crone, E.D. Tex. 1:05-cv-134)
Eleven days after an election to create a hospital district, five residents filed a federal complaint charging that the election and earlier precinct changes had not received preclearance pursuant to section 5 of the Voting Rights Act. At a district court hearing two days later, the parties agreed to a temporary restraining order that enjoined the conveyance of any property to the hospital district until the end of April. The Justice Department granted preclearance in April, so the district court action was dismissed.
Topics: Section 5 preclearance; three-judge court.

One of many Case Studies in Emergency Election Litigation.