Blanding et al. v. Dubose et al. (454 U.S. 393)

U.S. Supreme Court · decided January 11, 1982 · Supreme Court Database (Spaeth)

Citation
454 U.S. 393 · 102 S. Ct. 715
Decided
January 11, 1982
Term
October Term 1981
Vote
9–0
Issue area
Civil Rights
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Per Curiam. Appellants, citizens of Sumter County, S. C., have taken an appeal from a summary judgment entered against them on February 17, 1981, by the United States District Court for the District of South Carolina. The three-judge District Court concluded that Sumter County in June 1979 had made a preclearance submission under § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as amended, 42 U. S. C. § 1973c, when it wrote the United States Attorney General informing him that a referendum had approved at-large County Council elections. Because the Attorney General failed to object within 60 days to the claimed preclearance submission, the District Court permitted Sumter County to proceed with at-large elections for its County Council. We hold that the county’s June 1979 letter was a reconsideration request, not a preclearance submission, and reverse. I Section 5 of the Voting Rights Act provides that when a covered political subdivision enacts a voting procedure different from that in effect on November 1, 1964, the political subdivision must either seek a declaratory judgment in the United States District Court for the District of Columbia approving the procedure or submit it to the United States Attorney General for preclearance. If the procedure is submitted to the Attorney General and he does not interpose an objection to the preclearance submission within 60 days,…

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