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Preclearance of Nominating Procedures

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
November 2, 2023

LULAC of Texas v. Texas (Fred Biery, W.D. Tex. 5:08-cv-389)
Five days after the 2008 presidential primary elections in Texas, and at the beginning of further delegate selection through caucuses, Latino voters and organizations filed a federal complaint attacking how the Democratic Party picked delegates for national and local nominating conventions. The district court dismissed the action and determined that a claim that the nominating procedures had not received section 5 preclearance did not require resolution by a three-judge district court, but the court of appeals disagreed. In time, the case was mooted by the Justice Department’s granting of preclearance. The court of appeals vacated an award of attorney fees.
Subject: Voting procedures. Topics: Section 5 preclearance; three-judge court; laches; party procedures; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 2 pages

Tags:
Attorney Fees | Election Litigation | Party Procedures | Section 5 Preclearance | Three-judge Court | Voting Procedures | Voting Rights Act | Emergency Proceedings | Laches | U.S. District Courts | W.D. Tex.