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Redistricting an Incumbent Out of His 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

Jenkins v. Ray (Clay D. Land, M.D. Ga. 4:06-cv-43)
After school board redistricting had received preclearance pursuant to section 5 of the Voting Rights Act, it was discovered that the district line ran through the school board chair’s property and his dwelling was no longer in the district he represented. Three months before a school board election, six voters filed a federal complaint challenging the preclearance. The assigned judge issued a temporary restraining order suspending the ballot qualification deadline, and a three-judge district court held an evidentiary hearing at the end of the next month. The three-judge court determined that redistricting the incumbent out of his district required preclearance, so election officials allowed him to continue to represent and vote in his original district.
Subject: District lines. Topics: Section 5 preclearance; three-judge court; getting on the ballot; enforcing orders; provisional ballots.

One of many Case Studies in Emergency Election Litigation.