CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 8/29/2023 1

School-District Election Enjoined 

for Lack of Preclearance 

Reyna v. East Central ISD 

(Orlando L. Garcia, W.D. Tex. 5:02-cv-257) 

Six days before a candidate filing deadline for school-district trustees, 

a federal complaint sought an injunction of the election because 

newly drawn district lines had been denied preclearance by the Justice Department. The district judge issued a temporary restraining 

order against the election, and then a three-judge district court issued a stipulated preliminary injunction. An election was held several months later with precleared district lines. The court awarded 

the plaintiffs $30,862.50 in attorney fees. 

Subject: District lines. Topics: Enjoining elections; section 5 

preclearance; three-judge court; attorney fees. 

Six days before the March 20, 2002, candidate filing deadline for trustees of 

the East Central Independent School District, which included parts of San Antonio and nearby areas of Bexar County, three voters filed a federal complaint 

in the Western District of Texas to enjoin the May 7 election because the Justice Department had denied preclearance pursuant to section 5 of the Voting 

Rights Act of newly drawn district lines.1

 The department “expressed concerns 

about the reduction in the number of districts, which would result in a retrogression of minority voting strength.”2

Judge Orlando L. Garcia issued a temporary restraining order against the 

election on March 15, the day after the complaint was filed.3

 “Although legal 

counsel for Defendants has been notified that Plaintiffs are seeking temporary 

injunctive relief, the motion is being granted without a hearing because the 

filing deadline for the election is within three (3) business days and time is of 

the essence.”4

Pursuant to section 5, the circuit’s chief judge appointed Circuit Judge Will 

L. Garwood and Western District of Texas Judge Edward C. Prado to join 

Judge Garcia as a three-judge district court to hear the section 5 claim.5 On 

1. Docket Sheet, Reyna v. East Central ISD, No. 5:02-cv-257 (W.D. Tex. Mar. 14, 2002) 

(D.E. 1); Fee Opinion at 1–2, id. (June 24, 2003, filed July 7, 2003), D.E. 24; see Voting Rights 

Act of 1965, Pub. L. No. 89-110, § 5, 79 Stat. 437, 439, as amended, 52 U.S.C. § 10304 (requiring preclearance of changes to voting procedures in jurisdictions with a certified history of 

discrimination and requiring that preclearance disputes be heard by a three-judge district 

court). 

2. Fee Opinion, supra note 1, at 1. 

3. Temporary Restraining Order, Reyna, No. 5:02-cv-257 (W.D. Tex. Mar. 15, 2002), 

D.E. 3. 

4. Id. at 2. 

5. Order, id. (Mar. 18, 2002), D.E. 4. 

Judge Garwood died on July 14, 2011; Judge Prado was elevated to the court of appeals on 

May 5, 2003, and he retired on April 2, 2018. Federal Judicial Center Biographical Directory 

of Article III Federal Judges, www.fjc.gov/history/judges. 
School District Election Enjoined for Lack of Preclearance 

2 Federal Judicial Center 8/29/2023 

March 29, the parties submitted a joint motion for a preliminary injunction, 

which the three-judge court granted that day.6

On July 24, the Justice Department precleared a revised districting plan, 

“which included one additional minority district.”7

 An election was held on 

November 5, and Judge Garcia dismissed the complaint on December 6.8

 On 

June 24, 2003, Judge Garcia awarded the plaintiffs $30,862.50 in attorney fees.9

The school district voluntarily dismissed its appeal of the fee award.10

6. Order, Reyna, No. 5:02-cv-257 (W.D. Tex. Mar. 29, 2002), D.E. 7. 

7. Fee Opinion, supra note 1, at 2; Dismissal Order, Reyna, No. 5:02-cv-257 (W.D. Tex. 

Dec. 6, 2002), D.E. 15. 

8. Fee Opinion, supra note 1, at 2; Dismissal Order, supra note 7. 

9. Fee Opinion, supra note 1. 

10. Order, Reyna v. East Central Independent School Dist., No. 03-50849 (5th Cir. Aug. 

14, 2003), filed as Order, Reyna, No. 5:02-cv-257 (W.D. Tex. Aug. 25, 2003), D.E. 30.