State Board of Election Commissioners v. Charles Evers
Headline: Appeal over Mississippi election-law changes dismissed for late filing, leaving a lower court’s injunction in place and delaying resolution of a voting-rights dispute.
Holding: The Court dismissed the appeal because it was not docketed within Rule 13(1)’s time limit, leaving the lower court’s injunction in place while the merits remain undecided.
- Leaves the District Court injunction blocking Mississippi’s new election laws in place.
- Creates uncertainty about how Section 5 applies when the Attorney General takes no action.
- Highlights inconsistent Court practice on late docketing and waivers.
Summary
Background
Mississippi state election officials challenged by individuals who claimed the State’s 1970 election-law changes violated voting rights. The State submitted the new statutes to the Attorney General on July 23, 1970. The Assistant Attorney General replied that more investigation was needed and did not object within sixty days. A three-judge District Court then enjoined the new laws, holding the federal pre-clearance process under Section 5 of the Voting Rights Act had not been satisfied.
Reasoning
The immediate question was procedural: should the Supreme Court hear this appeal even though it was docketed late under the Court’s Rule 13(1)? The Court dismissed the appeal for failure to docket within the prescribed time, so it did not reach the underlying merits about the voting laws. In a separate opinion, one Justice agreed with dismissal but explained his view that Section 5 allows enforcement when the Attorney General does not object within sixty days, meaning the State’s laws might have been enforceable despite the District Court’s injunction.
Real world impact
Because the Supreme Court dismissed the appeal on procedural grounds, the District Court’s injunction remains in effect and the dispute over Mississippi’s election rules is delayed. The ruling is not a final decision on whether the laws violate voting-rights protections, so the legal fight can continue in lower courts or through future filings. The concurrence noted new administrative procedures should reduce similar disputes about timing in the future.
Dissents or concurrances
A dissenting Justice argued the Court should forgive the late docketing and hear the case, criticizing inconsistent practice about waiving the deadline and urging clearer guidance for future waiver decisions.
Opinions in this case:
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