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A Transitionally Unrepresented District Because of District Restructuring

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
April 3, 2014
Available Online Only

NAACP—Greensboro Branch v. Guilford County Board of Elections (William L. Osteen, Jr., M.D.N.C. 1:12- cv-111)
The state’s restructuring of a county board of commissioners would result in a two-year transition period with one district unrepresented and another district with two representatives. The district judge declined to enjoin the beginning of the candidate filing period, but on further hearing provisionally enjoined the election. The court’s ultimate remedy was to swap the election schedule for two districts so that an election would be held for the district that would otherwise be unrepresented instead of another district, an election for which would be held two years later. The state resolved the issue of double representation by appointing one of the duplicate representatives to an at-large seat.
Topics: Equal protection; enjoining elections.

One of many Case Studies in Emergency Election Litigation.