Case Summary
Issue:
Whether the federal Voting Rights Act (VRA) requires the creation of voting districts for the election of county commissioners so as to ensure that members of certain specific races will be elected?
Plaintiff:
James E. Large, Garry Collins, Emma Lucille McAdams, Patricia Bergie, and Pete Calhoun, represented by the American Civil Liberties Union (ACLU)
Defendant:
Fremont County, Wyoming, its Commissioners, and its Clerk and Recorder
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Case History
Fremont County, Wyoming elects its five Commissioners in accordance with state law, that is, at large in partisan races. Non-Hispanic Whites comprise 75 percent of the population, whereas American Indians constitute 20 percent of the population. Currently, all five commissioners are Republicans given that Republican registration in Fremont County is 60 percent. No American Indian has been elected commissioner. The ACLU demands that Fremont County be ordered to create a single-member commissioner district to guarantee the election of an American Indian commissioner.
On October 20, 2005, the ACLU filed its complaint, which Fremont County answered on November 30, 2005. On November 16, 2006, Fremont County filed a motion for summary judgment arguing that Section 2 of the VRA is unconstitutional to which the ACLU responded on December 1, 2006. On January 9, 2007, the parties filed their pretrial briefs.
A trial was held on February 5-15, 2007. On May 14, 2007, the parties filed post-trial briefs. On April 5, 2010, the ACLU filed a petition for writ of mandamus with the Tenth Circuit requesting an order compelling the District Court to render a decision on the merits. In re: Large, et al., No. 10-8023 (10th Cir.). On April 29, 2010, the District Court permanently enjoined the existing at-large voting system and ordered Fremont County to submit a commissioners’ voting scheme by residential district.
On June 25, 2010, Fremont County filed its remedial plan pursuant to the District Court’s order. On August 10, 2010, the court rejected the County’s Remedial Plan and adopted the single-member districting plan advocated by the plaintiffs. On September 3, 2010, Fremont County filed a notice of appeal of the district court’s denial of the County’s Remedial Plan.
On November 1, 2010, Fremont County and its Board of Commissioners filed their opening brief. Oral arguments were held on March 10, 2011.
