LUCAS Et Al. v. TOWNSEND Et Al.

Background

Five Black citizens registered to vote in Bibb County asked a court to stop a bond referendum scheduled for May 31, 1988. The local school board first set the bond vote for March 8 (a primary day), then rescinded that date and moved the vote to May 31, combining two bond measures. Applicants’ counsel said changing the date and consolidating the measures would reduce Black turnout and complained that the change had not been submitted for approval under §5 of the Voting Rights Act. The county applied for preclearance to the Justice Department’s Voting Section on March 30; the Division replied on May 25 that more information was needed.

Reasoning

A three-judge District Court denied an injunction, saying the date change was not a “change” covered by §5 and that applicants showed no potential for diluting minority votes. Acting as Circuit Justice, Justice Kennedy reviewed the record, the Attorney General’s regulation, and prior decisions. He concluded the federal questions were substantial, that four Justices would likely agree to take the case, and that there was a fair prospect the Supreme Court would reverse the lower court. He also found that allowing the election to proceed without preclearance would cause irreparable harm to the voters the statute protects. Balancing the equities, he enjoined the election pending timely filing of an appeal.

Real world impact

The order pauses the local bond vote and requires federal approval or appellate review before the county proceeds. The injunction protects minority voters from an unreviewed date change that they say could reduce their voting power, but it is not a final decision on the merits and could be changed on appeal.