Powell v. Alabama (L. Scott Coogler, N.D. Ala. 2:08-cv-1345)
The federal case involved a dispute about whether a county commission vacancy had been filled by gubernatorial appointment or by special election, both of which had occurred. The case included the question of whether the procedure for filling the vacancy required section 5 preclearance. As the next general election drew near, the plaintiff voluntarily dismissed the action because the governor’s appointee failed to qualify for the ballot.
Topics: Section 5 preclearance; three-judge court.
One of many Case Studies in Emergency Election Litigation.