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Voting Rights for Annexed Territory

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 30, 2023

Marascalco v. Grenada (Rhesa Barksdale, Neal B. Biggers, Jr., and Glen Davidson, N.D. Miss. 3:00-cv-61)
Ten days before a municipal election, residents of recently annexed territory filed a federal complaint seeking to halt the election in which they would not be able to vote because the Justice Department denied preclearance to the annexation. A three-judge district court heard the case six days later and denied immediate relief. The court doubted its jurisdiction over the matter and expressed concern about the filing of the complaint nearly two months after the denial of preclearance.
Subject: District lines. Topics: Enjoining elections; equal protection; three-judge court; section 5 preclearance; laches.

One of many Case Studies in Emergency Election Litigation.