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1 Robert Timothy Reagan, et al., Electronic Bingo and Voting Rights 1 (2018)

handle is hein.congcourts/elcbvr0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Electronic Bingo and Voting Rights Johnson v. Riley (Sharon Lovelace Blackburn, N.D. Ala. 7:10-cv-2067) Voters filed a federal complaint challenging police actions against electronic bingo operations as a violation of the voting rights of the voters who approved the operations. The complaint included a claim that executive orders and police actions violated the Voting Rights Act because they had not received section 5 preclearance. The district judge denied as moot a motion for a temporary re- straining order preserving a state-court injunction, because the state court had denied a motion to dissolve its order. The following year, the court accepted a voluntary dismissal. Subject: Ballot measures. Topics: Section 5 preclearance; matters for state courts; ballot measure. On Thursday, July 29, 2010, 31 voters filed a federal complaint in the North- ern District of Alabama challenging Georgia's police actions against electron- ic bingo operations in Greene and Macon Counties as a violation of the vot- ing rights of the voters who approved the operations.' The complaint includ- ed a claim that executive orders and police actions violated the Voting Rights Act because they had not received section 5 preclearance.2 The plaintiffs filed a motion for a preliminary injunction on Monday' and a motion for a temporary restraining order on Wednesday.' On the case's second Friday, Judge Sharon Lovelace Blackburn denied as moot the motion for a temporary restraining order preserving a state-court injunction, because the state court had denied a motion to dissolve its order. She also asked the circuit's chief judge to empanel a three-judge court,6 and he empaneled one on August 11. 1. Complaint, Johnson v. Riley, No. 7:10-cv-2067 (N.D. Ala. July 29, 2010), D.E. 1; see Charles J. Dean, Electronic Bingo Advocates File Suit in Federal Court, Birmingham News, July 30, 2010, at 5. 2. Complaint, supra note 1, at 15-17; see Voting Rights Act of 1965, Pub. L. No. 89-110, § 5, 79 Stat. 437, 439, as amended, 52 U.S.C. § 10304 (2015) (requiring preclearance of changes to voting procedures in jurisdictions with a certified history of discrimination and requiring that preclearance disputes be heard by a three-judge court). On June 25, 2013, the Supreme Court declined to hold section 5 unconstitutional, but the Court did hold unconstitutional the criteria for which jurisdictions require section 5 pre- clearance. Shelby County v. Holder, 570 U.S. 529 (2013). 3. Preliminary Injunction Motion, Johnson, No. 7:10-cv-2067 (N.D. Ala. Aug. 2, 2010), D.E. 3. 4. Temporary Restraining Order Motion, id. (Aug. 4, 2010), D.E. 5. 5. Order, id. (Aug. 6, 2010), D.E. 7, amended, Order, id. (Aug. 13, 2010), D.E. 11; see Kim Chandler, Judge Won't Allow Raid, Birmingham News, Aug. 6, 2010, at 1. 6. Docket Sheet, Johnson, No. 7:10-cv-2067 (N.D. N.D. Ala. July 29, 2010). 7. Order, id. (Aug. 11, 2010), D.E. 9. Federal Judicial Center 2/27/2018 1

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