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1 Robert Timothy Reagan, et al., Preclearance for a Special Election 1 (2018)

handle is hein.congcourts/fjcpsel0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Preclearance for a Special Election Buell v. Monterey County (Jeremy Fogel, N.D. Cal. 5:10-cv-1952) A federal complaint alleged that polling place consolidations and the date of the election had not been precleared for a special elec- tion to fill a vacancy in the state senate, as required by section 5 of the Voting Rights Act for a county overlapping with the senate dis- trict. By the time a three-judge court met to hear the case, the spe- cial election had been precleared. Subject: Election dates. Topics: Poll locations; section 5 preclearance; three-judge court; enjoining elections; intervention. On May 6, 2010, voters filed a federal complaint in the Northern District of California's San Jose courthouse to challenge special election procedures planned to fill a vacancy in California's senate.' The plaintiffs claimed that the date of the election and the limited number of polling places planned for it had not been precleared pursuant to section 5 of the Voting Rights Act, as required for elections in Monterey County.2 The senate district and Monte- rey County overlap.' The special election was necessary because President Obama appointed Ellen Tauscher, a member of Congress, to be Under Secretary of State for Arms Control and International Security.' On November 3, 2009, Lieutenant Governor John Garamendi won a special election for her seat.' On April 26, 2010, California's legislature confirmed Governor Arnold Schwarzenegger's appointment of Abel Maldonado to replace Garamendi.6 That left Maldona- do's seat in the state senate vacant, which the governor could fill either by special election or by consolidating the election with the regular June 8 pri- 1. Complaint, Buell v. Monterey County, No. 5:10-cv-1952 (N.D. Cal. May 6, 2010), D.E. 1; see Amended Complaint, id. (May 13, 2010), D.E. 24; see also Bob Egelko, Dems Sue to Halt Election for Maldonado Seat, S.F. Chron., May 8, 2010, at C2. 2. Complaint, supra note 1; 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). 3. web.archive.org/web/20100428055427/www.legislature.ca.gov/legislators-and districts/districts/senatedistricts.html (15th district). 4. See Dan Walters, 2 Vacancies Give Governor Opportunity, Sacramento Bee, June 1, 2009, at A3. 5. See Joe Garofoli, Democrat Wins Easy House Victory, S.F. Chron., Nov. 4, 2009, at Al; Lisa Vorderbrueggen, Garamendi Easily Defeats Surprisingly Tough GOP Rival, San Jose Mercury News, Nov. 4, 2009, at 4B. 6. See Patrick McGreevy, Maldonado Takes Office as Lieutenant Governor, L.A. Times, Apr. 27, 2010, at 6; Torey Van Oot, Maldonado Wins Senate Confirmation as Lieutenant Governor, Sacramento Bee, Apr. 27, 2010. Federal Judicial Center 7/31/2018 1

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