Case: Corbett v. Register

This is a case about maintaining equal populations across voting districts. 

A resident of Echols County in the Superior Court of Echols County filed a lawsuit on June 3, 2016 against the Echols County Board of Education, seeking that the Board members be elected from districts of equal population. 

Prior to the lawsuit, on December 5, 2006, the Board held a meeting to discuss, amongst other things, the Board’s district lines. The populations of each district were presented to the Board and a plan was proposed to the Board for the voting lines to be re-drawn. The Board’s members indicated that they would study the proposal and consider alternatives. Then, at a Board meeting on January 10, 2007, a recommendation the Echols County Board of Registrars recommended that the Board re-draw the voting district lines.

On March 8, 2016, the resident spoke at a Board meeting and proposed that the Board either: (a) re-draw the voting district lines so as to eliminate the existing disparities in populations of the voting districts or (b) have all members of the Board elected on an “at-large” basis. The Board stated that the matter would be discussed at a meeting in April. The resident attended meetings in April and May and requested that the matter be addressed. No action was taken by the Board.  

In the complaint, the resident claimed that, pursuant to Ga. Code Ann., § 20-2-52.1(a), members of the Board were to be elected from districts of “… approximately equal population”. The Board’s failure to create districts with equal populations was in violation of the “One Person, One Vote” principle which provides that “… all who participate in the election are to have an equal vote…” Reynolds v. Sims, 377 U.S. 533, 557, 558 (1964); Grimes v. Clark 226 Ga. 195, 201-202 (1970). The resident field suit in the Middle District of Goergia. The resident sought relief in the form of an order requiring the Board to take immediate action to remedy the disparity in voting districts in accordance with the “One Person, One Vote” principle, as well as the recovery of attorney fees and costs of litigation.

On June 30, 2016, the defendants filed a motion to dismiss. On the same day, the defendants filed a motion to transfer the complaint to the U.S. District Court for the Middle District of Georgia. In its motion to dismiss on June 30, 2016, the defendants claimed that the resident could not be provided with the relief that he sought because: 

1. The United States Supreme Court previously held that an Equal Protection Clause violation is not stated where members qualify from malapportioned election districts but are elected at-large, as was the case when electing members of the Board.  
2. The Board has no authority or duty to provide the relief sought by the resident. The federal constitutional law does not require members of a local government body to qualify from districts that comply with “One Person, One Vote” principles. In addition, the Board has no authority, ability or duty to determine its voting districts; that power exclusively resides with the Georgia General Assembly. The law providing for the election of members of the Board is a local act passed by the General Assembly which provides for a five-member Board of Education, the five education districts from which each candidate must reside to qualify for that seat and for the members to be elected by all voters of Echols County. 
3. Ga. Code Ann., § 20-2-52.1(a) is a statue that is, on its face, inapplicable to the Board. 

On July 22, 2016, United States District Judge W. Louis Sands approved the voluntary dismissal of all pending claims without prejudice, with all costs and fees to be borne by the respective parties. 

The case is closed.