Adamson v. Clayton County Elections & Registration Board

876 F. Supp. 2d 1347, 2012 U.S. Dist. LEXIS 97592, 2012 WL 2878369
CourtDistrict Court, N.D. Georgia
DecidedJuly 13, 2012
DocketCivil Action No. 1:12-CV-1665-CAP
StatusPublished
Cited by1 cases

This text of 876 F. Supp. 2d 1347 (Adamson v. Clayton County Elections & Registration Board) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adamson v. Clayton County Elections & Registration Board, 876 F. Supp. 2d 1347, 2012 U.S. Dist. LEXIS 97592, 2012 WL 2878369 (N.D. Ga. 2012).

Opinion

ORDER

CHARLES A. PANNELL JR., District Judge.

This action is before the court on the plaintiffs’ motion for declaratory judgment and final injunctive relief [Doc. No. 24].

I. Factual and Procedural Background 1

This action, which seeks a declaration that the' districts for the Clayton County Board of Education (“BOE”) as currently drawn are unconstitutionally malapportioned and an injunction enforcing new district boundaries, was filed on May 11, 2012. The Clayton County Elections and Registration Board (“the Elections Board”) is the entity responsible for conducting elections in Clayton County, Georgia.

Clayton County is split into nine BOE districts, each of which elects one representative to the BOE. As currently apportioned, the districts have approximately the following populations, based on the 2010 Census:2

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The apparent reason for the large deviations in the districts’ populations is that they have not been reapportioned since the 2010 Census data were released. Accordingly, the district boundaries, which were drawn following the' release of the 2000 Census, do not incorporate the population shifts that have occurred since then. As a result, the voting strength of a voter in Districts 1, 2, 6, and 9 would be significantly decreased relative to the voting strength of a voter in Districts 3, 4, 5, 7, and 8 if an election was held. Noting the likelihood that holding an election under these conditions would violate the one-person, one-vote principles of the Fourteenth Amendment, the court granted a preliminary injunction on May 23, 2012, enjoining the defendants from conducting BOE elections until further order [Doc. No. 15].

The motion now before the court requests that the court declare the current BOE districts unconstitutional and enter final injunctive relief by enacting a new map with constitutionally apportioned districts for future Clayton County BOE elections.

II. Legal Standards

A. Declaratory judgment

The Declaratory Judgment Act, 28 U.S.C. § 2201, “provides that a .declarato[1350]*1350ry judgment may only be issued in the case of an actual controversy.” Emory v. Peeler 756 F.2d 1547, 1551 (11th Cir.1985). For declaratory judgment to properly be issued, “there must be a substantial continuing controversy between parties having adverse legal interests.” Id. “In order to demonstrate that a case or controversy exists to meet the Article III standing requirement when a plaintiff is seeking injunctive or declaratory relief, a plaintiff must allege facts from which it appears there is a substantial likelihood that he will suffer injury in the future.” Walden v. Centers for Disease Control and Prevention, 669 F.3d 1277, 1284 (11th Cir.2012).

B. Injunctive relief

A plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief. A plaintiff must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction.

Monsanto Co. v. Geertson Seed Farms, - U.S. -, 130 S.Ct. 2743, 2756, 177 L.Ed.2d 461 (2010).

III. Analysis

A. Constitutionality of the current districts

The plaintiffs have brought this suit pursuant to 42 U.S.C. § 1983 and claim that allowing elections to proceed under the current map would violate the Equal Protection Clause of the Fourteenth Amendment. “Undoubtedly, the right of suffrage is a fundamental matter in a free and democratic society.... Legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interests.” Reynolds v. Sims, 377 U.S. 533, 561-62, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964). Accordingly, the Supreme Court has held that the Equal Protection Clause of the Fourteenth Amendment guarantees the opportunity for equal participation by all voters in the election of state legislators, id. at 566, 84 S.Ct. 1362, and the Cohrt later extended the one-person, one-vote principle to apply to elections of county and local government officials, Avery v. Midland County, Texas, 390 U.S. 474, 476, 88 S.Ct. 1114, 20 L.Ed.2d 45 (1968). Accordingly, “Under the Equal Protection Clause of the Fourteenth Amendment, states and local governments must provide each qualified voter with an equal opportunity to participate in any election in which persons are selected by popular vote to perform governmental functions.” Smith v. Cobb County Bd. of Elections and Registrations, 314 F.Supp.2d 1274, 1284 (N.D.Ga.2002) (citing Hadley v. Junior College Dist., 397 U.S. 50, 56, 90 S.Ct. 791, 25 L.Ed.2d 45 (1970) (“[Wjhen members of an elected body are chosen from separate districts, each district must be established on a basis that will insure [sic], as far as practicable, that equal numbers of voters can vote for proportionally equal numbers of officials.”)). Accordingly, because Clayton County BOE members are chosen from separate districts, the State of Georgia must establish BOE districts that have substantially equal numbers of voters to comply with the one-person, one-vote principle, and 42 U.S.C. § 1983 provides a private right of action to ensure compliance.

In this case, the parties have stipulated that the one-person, one-vote principie would be violated if elections were held under the current plan. The court agrees: under the facts as stipulated, a voter in [1351]*1351BOE District 4, whose population is approximately 21,551, would have approximately 1.75 times the voting strength of a voter in District 1, whose population is approximately 37,680.3 Because allowing elections to go forward under these conditions would cause injury to voters in the underrepresented districts in the future by violating their voting rights, the current map is violative of the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs’ motion for declaratory judgment is GRANTED.

B. Permissible remedies

Ordinarily, the Georgia General Assembly, which is comprised of a House of Representatives and a Senate, is tasked with redrawing districts for local elections when new census data becomes available.

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Bluebook (online)
876 F. Supp. 2d 1347, 2012 U.S. Dist. LEXIS 97592, 2012 WL 2878369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adamson-v-clayton-county-elections-registration-board-gand-2012.