Filed Date: July 6, 2018
Closed Date: Jan. 8, 2019
Clearinghouse coding complete
This is a case about alleged discriminatory impact of a Tennessee county's decision to only open one early voting location.
The case arose from the Commission’s decision to have only one early voting location for the first four days in July 2018, which allegedly gave voters little to no advance notice. Early voting ran from July 13-July 28, 2018. Approximately two weeks prior to the start of voting, the Commission decided that the Agricultural Center would serve as the sole voting location for the first four days. After public opposition to the decision, the Commission approved a plan to open three additional sites.
On July 6, 2018, the NAACP, Memphis Branch, brought this action for Injunctive Relief and Declaratory Judgment against the Shelby County Election Commission, the Administrator of the Shelby County Election Commission, and members of the Shelby County Election Commission in the Western District of Tennessee. Count 1 alleged that the Commission violated the Tennessee Open Meetings Act, which establishes “all meetings of any governing body are declared to be public meetings open to the public at all times, except as provided by the Constitution of Tennessee.” Plaintiffs alleged that members of the Commission met in secret prior to the early voting location decision. Count 2 alleged that the Commission severely infringed on the right to vote for minorities in the inner city of Memphis and Shelby County because the resolution limited the early voting locations to areas inaccessible to core city and county citizens, which has a detrimental effect on minority voters. Count 3 alleged that the Commission violated 42 U.S.C. § 1973, along with Article 1, Section 5 and Article 4, Section 1 of the Tennessee Constitution, by limited the early voting locations in geographically and inaccessible location for minorities.
The Defendants filed a notice of removal from state court to the Federal Court for the Western District of Tennessee on August 2, 2018 based on the argument that the Plaintiff alleged a violation of Federal law. The Defendant’s argued that the Federal law violation was secondary to the state law violation. The Federal Court granted removal based on Federal Question and claimed supplemental jurisdiction over the state law claims.
Following the removal to Federal Court, the Plaintiff’s voluntarily dismissed their claim, which was ordered on January 8, 2019.
The case is now closed.
Summary Authors
Travis Salters (4/22/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13529110/parties/national-association-for-the-advancement-of-colored-people-v-shelby-county/
Mays, Samuel H. (Tennessee)
Wharton, Alexander C. (Tennessee)
Varela, Pablo (Tennessee)
Russell, Donna L. (Tennessee)
See docket on RECAP: https://www.courtlistener.com/docket/13529110/national-association-for-the-advancement-of-colored-people-v-shelby-county/
Last updated Sept. 29, 2025, 12:38 a.m.
State / Territory: Tennessee
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: July 6, 2018
Closing Date: Jan. 8, 2019
Case Ongoing: No
Plaintiffs
Plaintiff Description:
National Association for the Advancement of Colored People
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Shelby County Election Commission (Shelby), County
Case Details
Causes of Action:
Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)
Voting Accessibility law, 52 U.S.C. § 20102 (previously 42 U.S.C. §§ 1973ee et seq.)
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Voting: