LEVY v. LEXINGTON COUNTY, S.C.

No. 09-1550.

589 F.3d 708 (2009)

R.O. LEVY; Betty A. Etheredge, Plaintiffs-Appellees, v. LEXINGTON COUNTY, SOUTH CAROLINA, School District Three Board of Trustees, Defendant-Appellant, and Elton Wilson, in his official capacity as Chair of the Lexington County Registration and Election Commission, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: December 21, 2009.


Attorney(s) appearing for the Case

ARGUED: Allan Lee Parks, Jr., Parks, Chesin & Wal-Bert, PC, Atlanta, Georgia, for Appellant. Laughlin McDonald, American Civil Liberties Union Foundation, Atlanta, Georgia, for Appellees. ON BRIEF: David T. Duff, Duff, White & Turner, LLC, Columbia, South Carolina; Kevin V. Parsons, Smith, Parsons & Vickstrom, PLLC, Charlotte, North Carolina, for Appellant. Meredith Bell-Platts, American Civil Liberties Union Foundation, Atlanta, Georgia; Herbert E. Buhl, III, Law Offices Of Herbert E. Buhl, III, Columbia, South Carolina, for Appellees.

Vacated and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge KING and Judge KEELEY joined.


OPINION

DUNCAN, Circuit Judge:

This appeal arises from a district court's order holding that the school board election system of Lexington County, South Carolina, violates Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973 ("Section 2"). Appellant Lexington County School District Three Board of Trustees (the "School Board") argues that the district court erred in its analysis by considering only the elections that took place between 1994 and...

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