LaROQUE v. HOLDER

No. 10-5433.

650 F.3d 777 (2011)

Stephen LaROQUE, et al., Appellants v. Eric H. HOLDER, Jr., Attorney General of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2011.


Attorney(s) appearing for the Case

Hashim M. Mooppan argued the cause for appellants. With him on the briefs were Michael A. Carvin , Noel J. Francisco , and Michael E. Rosman.

Linda F. Thome , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Samuel R. Bagenstos , Deputy Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Diana K. Flynn , Attorney. James C. Kilbourne , Attorney, entered an appearance.

J. Gerald Hebert and Arthur Barry Spitzer were on the brief for intervenors-appellees.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge:

The citizens of Kinston, North Carolina, approved a referendum switching city elections from partisan to nonpartisan. Because Kinston lies in a jurisdiction covered by section 5 of the Voting Rights Act of 1965, the city council had no authority to implement the referendum until precleared by federal authorities, and preclearance has not occurred. A candidate for public office claiming a state-law entitlement to run under the suspended nonpartisan...

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