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M.D. Ga.

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Democratic Party of Georgia v. Burkes (M.D. Ga. 1:18-cv-212) and Democratic Party of Georgia v. Crittenden (Amy Totenberg, N.D. Ga. 1:18-cv-5443)
Following a morning proceeding three days after an election, a federal judge signed a consent agreement extending the deadline for election officials to receive cast absentee ballots. Ballots were mailed late to voters because of a state court injunction and a hurricane. In another district in the same state, a consent order similarly ex-tended the deadline for absentee ballots statewide in a runoff election.
Subject: Absentee and early voting. Topics: Absentee ballots; enjoining certification.

One of many Case Studies in Emergency Election Litigation.

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Snellgrove v. Georgia (Hugh Lawson, M.D. Ga. 5:02-cv-288)
Four days before a primary election, independent voters filed a federal complaint complaining that the primary election prevented them from voting for a member of one party for one office and a member of a different party for another office. After an evidentiary hearing on the day before the election, the district judge declined to issue an injunction.
Subject: Voting procedures. Topic: Primary elections.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Miller v. Bibb County School District (Hugh Lawson, M.D. Ga. 5:12-cv-239)
A June 26, 2012, federal complaint alleged malapportionment for a county board of education. The district judge delayed the pending primary election until the day scheduled for a possible primary runoff to give the county enough time to adopt a precleared redistricting plan. By consent order, the judge awarded the plaintiffs attorney fees and costs.
Topics: Malapportionment; enjoining elections; section 5 preclearance; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Bird v. Sumter County Board of Education (W. Louis Sands, M.D. Ga. 1:12-cv-76)
The district court enjoined July 31, 2012, primary elections for Sumter County, Georgia’s board of education, on a May 22 federal complaint. The relief was sought by both the voter plaintiff and the county defendants because of the state’s failure to seek timely preclearance for new district lines reflecting the 2010 census. The judge permitted an interest group to intervene for the purpose of proposing a new district plan, but the judge decided to draw his own plan with the assistance of the legislature’s reapportionment office.
Topics: Malapportionment; enjoining elections; intervention; section 5 preclearance.

One of many Case Studies in Emergency Election Litigation.

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.

Available Online Only

Wright v. City of Albany (W. Louis Sands, M.D. Ga. 1:03-cv-148)
The district court enjoined the November 2003 election for Albany, Georgia’s board of commissioners on a September 24 federal complaint that the commission districts were malapportioned. District lines reflecting the 2000 census had not yet received preclearance pursuant to section 5 of the Voting Rights Act. The judge permitted a mayoral candidate, elected at large, to intervene in an unsuccessful attempt to protect the mayoral election’s going forward as planned. With the assistance of the state legislature’s Reapportionment Services Office, the judge drew district lines and set an election for February 10, 2004. On the day of the election, the judge kept the polls open until 9:00 p.m. because of problems at some polls. The plaintiffs recovered $35,647.75 in attorney fees and expenses.
Topics: Malapportionment; enjoining elections; section 5 preclearance; intervention; polling hours; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Morman v. City of Baconton (W. Louis Sands, M.D. Ga. 1:03-cv-161)
The federal district court enjoined an election for city council because the district lines had recently received preclearance pursuant to section 5 of the Voting Rights Act and a state judge had refused to allow a delay to await preclearance of the new lines. The matter was heard on the afternoon before the scheduled November election. The election was held instead at the time of the presidential primary elections the following March. The matter of attorney fees was settled out of court.
Topics: Malapportionment; enjoining elections; section 5 preclearance; three-judge court; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Brown v. Elbert County (Hugh Lawson, M.D. Ga. 3:02-cv-45)
In May 2002, voters filed an action in federal court to have the district lines for two county boards redrawn to reflect the 2000 census. The district judge appointed the state reapportionment office to assist him in ordering new district lines and awarded the plaintiffs attorney fees.
Topics: Malapportionment; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Archival Copy on File

Chief Judge Wilbur D. Owens transmits the 1994 Periodic Assessment for the Middle District of Georgia to Ann C. Williams, Chair of the Committee on Court Administration and Case Management. The assessment was originally submitted 12/1/1994 and transmitted to Williams on 12/5/1994

Archival Copy on File

Updated statistics for 44 districts with information for SY 1994

Pages

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