Filed Date: March 6, 2012
Closed Date: Aug. 29, 2022
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This is a case about Merced County, California seeking an exemption (“bail out”) from the special remedial provisions of the Voting Rights Act of 1965 (the “Act”). In pertinent part, the Act provided that governmental entities and their political subdivisions identified as employing devices infringing on the right to vote would be subject to special provisions requiring preclearance before implementing new voting-related laws or devices. Although Merced County never had any “test or device” of its own, California had a literacy test dating back to 1894, which was not formally repealed until November 7, 1972 (less than a week after the trigger date for Merced County’s coverage).
On March 6, 2012, Merced County filed a complaint for declaratory relief against the Attorney General and the Assistant Attorney General, seeking a declaration that Merced County was exempted from coverage pursuant to the “bailout” provision in Section 4(a) of the Act. The bailout provision allowed identified governmental entities to exempt themselves from the preclearance requirements upon a showing that the conditions set forth under Section 4(a) of the Act had been fulfilled over the prior ten years.
On July 27, 2012, after appointment of a three-judge court, the parties jointly moved for approval of a consent judgment and decree. In the joint motion, the Parties explained that the Attorney General had determined that Merced County and the political subdivisions within the county met all of the requirements of Section 4(a), and that the Attorney General would consent to a declaratory judgment granting bailout to the Merced County under Section 4(a).
The court entered the consent judgment and decree on August 29, 2012, exempting Merced County from the preclearance requirements, but retaining jurisdiction over the matter for an additional ten years.
This case is closed.
Summary Authors
Shaina Massie (11/27/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17291955/parties/merced-county-california-v-holder/
Hogan, Thomas Francis (District of Columbia)
Hebert, Joseph Gerald (District of Columbia)
Berkower, Risa (District of Columbia)
McLeod, Michelle Andrea (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/17291955/merced-county-california-v-holder/
Last updated July 10, 2025, 10:30 p.m.