The Oyez Project: Civil Rights Issues - Voting

Abrams v. Johnson

Following a suit by Georgia residents challenging the constitutionality of a legislative redistricting plan (Miller v. Johnson, 515 US 900), and seeking an injunction against its further use, a District Court found the plan unconstitutional. On appeal, the Supreme Court affirmed - holding that race was a predominant factor in the plan's creation - and remanded it for redrafting. Shortly thereafter the composition of another of the plan's districts was challenged in a District Court which, after unsuccessfully deferring the matter to Georgia's Legislature for redrafting, drew its own plan creating one black-majority district in place of the proposed three. After the 1996 elections were held under the court's new plan, Abrams and several other voters challenged its constitutionality. Again, the Supreme Court granted certiorari.

Allen v. State Board Of Elections

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Anderson v. Martin

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Beer v. United States

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Branch v. Smith

After the 2000 census caused Mississippi to lose one congressional seat, the State legislature failed to pass a new redistricting plan. Subsequently, lawsuits were filed in both the Mississippi State Chancery Court and the Federal District Court, asking that each court issue its own redistricting plan. While the federal court stayed its hand, the Mississippi Supreme Court ruled that the Chancery Court had jurisdiction to issue a redistricting plan. The Chancery Court adopted such a plan, which was submitted for preclearance pursuant to the Voting Rights Act of 1965. Meanwhile, the Federal District Court promulgated a plan that would fix the State's congressional districts for the 2002 elections should the state-court plan not be precleared by the state-law deadline. Ultimately, the District Court enjoined the State from using the state-court plan and ordered that its own plan be used in 2002 until the State produced a precleared, constitutional plan. The State did not appeal and no determination was made on the preclearance submission because the District Court's injunction rendered the state-court plan incapable of administration.

Briscoe v. Bell

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Cardona v. Power

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Carrington v. Rash

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Chisom v. Roemer

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Cipriano v. City Of Houma

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City of Monroe v. United States

Monroe, Georgia is covered by section 5 of the Voting Rights Act of 1965, which requires the preclearance of certain voting changes. Prior to 1966, the Monroe city charter did not specify whether a majority vote or a plurality vote was needed to win a mayoral election. In practice, the city changed in 1966 from using a plurality-voting requirement to using a majority-voting requirement. The United States brought suit against the city, claiming that it had not sought preclearance of the change, as required by section 5 and sought to enjoin such majority voting and to require the city to return to plurality voting. The District Court, in granting summary judgment in favor of the United States, expressed the view that the change to majority voting had not been precleared in accordance with section 5.

City Of Richmond v. United States

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City Of Rome v. United States

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Clark v. Roemer

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Dougherty County Bd. Of Ed. v. White

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Evans v. Cornman

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Foreman v. Dallas County

In 1972, Texas became a covered jurisdiction for purposes of section 5 of Voting Rights Act of 1965. By statute, Texas authorizes counties to appoint election judges, who supervise voting at the polls on election days. In 1983 and several times thereafter, Dallas County changed procedures for selecting election judges. Each of the new methods used party-affiliation formulas. In 1996, various parties brought suit in Federal District Court against the county, claiming that section 5 required the changes to be precleared by the U.S. Department of Justice. The District Court concluded that preclearance was not required, as the county had simply exercised its discretion under a state statute to adjust the procedure for appointing election judges. The court also noted that Department's preclearance of a 1985 submission from the state operated to preclear the county's use of partisan considerations in selecting election judges.

Foster v. Love

The Elections Clause of the Constitution provides that "the Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations." 2 USC sections 1 and 7 provide that the Tuesday after the first Monday in November in an even-numbered year is established as the date for federal congressional and presidential elections. In 1975, Louisiana adopted an "open primary," which occurs before the uniform federal election day and in which all candidates appear on the ballot and all voters may vote. If a candidate for a given office receives a majority at the open primary, that candidate is elected and no further act is done on federal election day to fill that office. Louisiana voters challenged the open primary is a violation of federal law. Reversing the District Court, the Court of Appeals held that Louisiana's system squarely "conflicts with the federal statutes that establish a uniform federal election day."

Gaston County v. United States

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Georgia v. Ashcroft

Following the 2000 Census, the Democratic-controlled Georgia legislature passed a redistricting plan that was backed by many black leaders because it would have spread black voters and influence across several districts rather than concentrating them in a select few. Georgia's Republican governor objected to the plan because he said it violated the Voting Rights Act of 1965, which discourages the dilution of minority voting strength. The U.S. District Court for the District of Columbia rejected the legislature's plan.

Georgia v. United States

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Gomillion v. Lightfoot

An act of the Alabama legislature re-drew the electoral district boundaries of Tuskegee, replacing what had been a region with a square shape with a twenty-eight sided figure. The effect of the new district was to exclude essentially all blacks from the city limits of Tuskegee and place them in a district where no whites lived.

Goosby v. Osser

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Gordon v. Lance

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Gutierrez v. Ada

The Organic Act of Guam provides that that "if no [slate of] candidates [for Governor and Lieutenant Governor of Guam] receives a majority of the votes cast in any election...a runoff election shall be held." The Election Commission certified that the Democratic slate of Carl T.C. Gutierrez for governor and Madeleine Z. Bordallo for lieutenant governor had defeated the Republican slate, Joseph F. Ada and Felix P. Camacho. Gutierrez and Bordallo had received a majority of the votes cast for gubernatorial slates in the 1998 Guam general election, but did not receive a majority of the total number of ballots that voters cast due to voters selecting write-in candidates, people voting for both slates, and blank ballots. The opposing Republican slate sought a writ of mandamus ordering a runoff election. According to Ada and Camacho, the phrase "in any election" means the majority as measured by the votes cast in the entire election, not simply in the race for governor. Gutierrez responded that "votes cast" meant actual votes cast for governor and lieutenant governor, rather than ballots in which the governor's contest is left blank. The District Court issued the writ and the Court of Appeals ultimately affirmed, interpreting the statutory phrase "majority of the votes cast in any election" to require that a slate receive a majority of the total number of ballots cast in the general election.

Hadnott v. Amos

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Harman v. Forssenius

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Harper v. Virginia Board of Elections

Annie E. Harper, a resident of Virginia, filed suit alleging that the state's poll tax was unconstitutional. After a three-judge district court dismissed the complaint, the case went to the Supreme Court. This case was decided together with Butts v. Harrison.

Hathorn v. Lovorn

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Hill v. Stone

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Holder, Individually And In His Official Capacity As County Commissioner For Bleckley County, Georgia v. Hall

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Holt Civic Club v. Tuscaloosa

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Houston Lawyers' Ass'n v. Texas Attorney Gen.

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Hunter v. Underwood

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Johnson, Speaker Of The Florida House Of Representatives v. De Grandy

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Katzenbach v. Morgan

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Kramer v. Union School District

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Lassiter v. Northampton Election Bd.

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League of Latin American Citizens v. Perry

In 2003, the Texas State Legislature passed a redistricting plan that replaced the one created by a federal judge following the 2000 census. Critics of the plan charged that it was unconstitutional and violated section 2 the Voting Rights Act because it diluted racial minority voting strength and was designed to maximize partisan advantage. A three-judge district court panel disagreed, finding that the plan was constitutional and that the legislature had the right to redistrict in 2003 using census data from 2000.

The case was appealed to the U.S. Supreme Court, but while it was pending the Court decided Vieth v. Jubelirer, another redistricting case from Pennsylvania. Justice Anthony Kennedy, the deciding vote in that case, wrote that the Court could hear claims of partisan discrimination in redistricting cases, but left open the question of the test those claims would be subjected to.

The three-district panel in this case then affirmed its earlier decision, finding that the Texas redistricting plan was not substantively unfair.

Lockhart v. United States

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Lopez v. Monterey County

Because Monterey County, California is a jurisdiction covered by section 5 of the Voting Rights Act of 1965, it must obtain federal preclearance of any voting practice different from its practices on November 1, 1968. Between 1972 and 1983, the County merged its nine separate and independent inferior court districts into a single, countywide municipal court served by judges whom County residents elected at large. In 1991, five Hispanic voters, who resided in the County, sued, alleging that the County had violated section 5 by failing to obtain federal preclearance of its judicial district consolidation ordinances. The County did not submit its ordinances after a three-judge District Court ruled against it. Rather, the County began to work with the voters to develop a new judicial election plan. Ultimately, the District Court ordered the County to conduct judicial elections under an at-large, countywide election plan.

Lopez v. Monterey County

The Voting Rights Act of 1965 requires designated states and political subdivisions to obtain federal pre-clearance before giving effect to changes in their voting laws. Hispanic voters, residing in Monterey County, California, filed suit in federal court claiming the county had failed to obtain the required pre-clearance for a series of ordinances changing the method for electing county judges. A three-judge District Court ultimately dismissed the case because the section of the Voting Rights Act that requires pre-clearance did not cover California. Moreover, California had passed legislation requiring the voting changes forged by Monterey County.

Louisiana v. United States

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Mccain v. Lybrand

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Mcdaniel v. Sanchez

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Mcdonald v. Board Of Election

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Mobile v. Bolden

Wiley L. Bolden and other residents of Mobile, Alabama brought a class action on behalf of all black citizens in Mobile. They argued that the practice of electing the City Commissioners at-large unfairly diluted the voting strength of black citizens. A district court and the U.S. Court of Appeals for the Fifth Circuit ruled in favor of Bolden.

Morris v. Gressette

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Morse v. Republican Party Of Virginia

In 1994, the Republican Party of Virginia held a state convention to nominate the Republican candidate for United States Senator. A local political committee could certify any voter as a delegate to the convention by paying a registration fee of $35 or $45. Fortis Morse, Kenneth Curtis Bartholomew, and Kimberly J. Enderson, registered voters in Virginia willing to declare their intent to support the Party's nominee, were eligible to participate. Bartholomew and Enderson refused to pay the fee and did not become delegates. Morse paid the fee with funds advanced by supporters of the eventual nominee. Moore and others then filed a complaint seeking an injunction preventing the Party from imposing the fee, alleging that that the imposition of the fee violated sections 5 and 10 of the Voting Rights Act of 1965. Ultimately, the District Court dismissed the claims.

NAACP v. Hampton County Election Comm'n

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NAACP v. New York

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O'brien v. Skinner

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Oregon v. Mitchell

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Perkins v. Matthews

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Phoenix v. Kolodziejski

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Pleasant Grove v. United States

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Port Arthur v. United States

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Presley v. Etowah County Commission

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Reno v. Bossier Parish School Board

The Bossier Parrish School Board is subject to the preclearance requirements of ?5 of the Voting Rights Act of 1965. Therefore, the Board must obtain the approval of either the Attorney General or the District Court before implementing any changes to a voting "qualification, prerequisite, standard, practice, or procedure." Based on the 1990 census, the Board redrew its 12 single member districts, adopting the redistricting plan that the Attorney General had precleared for use in elections of the parish's governing body. The Board rejected a plan proposed by the NAACP, which would have created two majority black districts. The Attorney General then objected to the preclearance, finding that the NAACP plan demonstrated that black residents were sufficiently numerous and geographically compact to constitute a majority in two districts and that the Board's plan unnecessarily limited the opportunity for minority voters to elect their candidates of choice, thereby diluting their voting strength in violation of ?2 of the Act. Subsequently, the Attorney General withheld preclearance to prevent a violation of ?2 of the Act. The Board filed an action with the District Court. A three-judge panel granted the Board's preclearance request. The court rejected the contentions that a voting change's failure to satisfy ?2 of the Act constituted an independent reason to deny preclearance under ?5 and that a court must consider evidence of a ?2 violation as evidence of a discriminatory purpose under ?5.

Reno v. Bossier Parish School Board

Section 5 of the Voting Rights Act on 1995 prohibits Bossier Parish, Louisiana from enacting any change in a "voting qualification[,] prerequisite[,] standard, practice, or procedure" without first obtaining preclearance from either the Attorney General or the District Court. Following the 1990 census, the District Court granted Bossier Parish preclearance to redistrict. The U.S. Supreme Court, in Reno v. Bossier Parish School Bd., 520 U.S. 471, vacated the court's judgment and remanded for the court to question whether the section 5 purpose inquiry ever extends beyond the search for retrogressive intent. The District Court again granted preclearance. The court found that there was no evidence of discriminatory but nonretrogressive purpose. The court left open the question of whether section 5 prohibits preclearance of a plan enacted with such a purpose.

Richardson v. Ramirez

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Rodriguez v. Popular Democratic Party

In 1981, a representative of Puerto Rico's Popular Democratic Party ("Party") died in office. Searching for a replacement, the Governor of Puerto Rico held a "by-election" open to candidates of all parties. The Party challenged the Governor, alleging that under Puerto Rico statutes only candidates and electors affiliated with the Party could participate in the by-election. On appeal from a Superior Court judgment favoring the Party, Puerto Rico's Supreme Court modified the judgment holding that a by-election was only required if the party of the legislator vacating the seat fails to name a replacement within 60 days. Before Puerto Rico's Supreme Court could deliver its decision, the Party held an election open only to its members and, then, pursuant to the Supreme Court's mandate, swore in a new representative. Rodriguez appealed and the Supreme Court granted certiorari.

Rogers v. Lodge

Eight black citizens of Burke County, Georgia, challenged the at-large system of elections within the county. Although a substantial number of blacks lived within the county, no minority candidate had ever been elected to the Burke County Board of Commissioners, the chief governing body. To be elected, candidates had to receive a majority of the votes cast in the primary or general election.

Roudebush v. Hartke

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South Carolina v. Katzenbach

The Voting Rights Act of 1965 prevented states from using a "test or device" (such as literacy tests) to deny citizens the right to vote. Federal examiners, under the Attorney General's jurisdiction, were empowered to intervene to investigate election irregularities.

Thornburg v. Gingles

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United States v. Alabama

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United States v. Mississippi

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United States v. Raines

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United States v. Sheffield Board Of Comm'rs

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United States v. Thomas

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Williams v. Brown

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Young v. Ford Ice

In 1995, Mississippi attempted to simplify voter registration in accordance with the National Voter Registration Act of 1993 (NVRA). A "Provisional Plan" for registration replaced the "Old System," mandating that, among other things, driver's license applications could double as voter registration forms for state and federal elections. As required by the Voting Rights Act of 1965 (VRA), the U.S. Attorney General pre-cleared the Provisional Plan, confirming that it did not discriminate against minority voters. Mississippi abandoned the pre-cleared Provisional Plan in favor of a composite "New System," which used the Old System for state elections and both the Provisional Plan and Old System for federal elections. Mississippi assumed that the Attorney General's pre-clearance of the Provisional Plan extended to the New System. Thomas Young, a Mississippi citizen, filed suit against Governor Kirk Fordice, alleging a violation of the VRA. A three-judge District Court ruled in favor of Mississippi.