Lopez v. Monterey County (1996)

Docket
95-1201
Decided
1996-01-01

Summary

Question: May a district court issue an order that authorizes a county covered by section 5 of the Voting Rights Act of 1965 to conduct judicial elections under an election plan that has not received federal approval pursuant to section 5? Conclusion: No. In a unanimous opinion delivered by Justice Sandra Day O'Connor, the Court held that the District Court had erred in ordering the county to conduct the election under a plan that had not received federal approval pursuant to section 5. The Court reasoned that the County had not discharged its obligation of gaining preclearance of its election plan prior to its enactment. On remand, the Court left it to the District Court to decide whether changes in California law transformed the County into a state plan, for which section 5 preclearance is not required.

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