CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 9/4/2023 1

Redistricting the Sumter County School Board 

Bird v. Sumter County Board of Education 

(W. Louis Sands, M.D. Ga. 1:12-cv-76) 

The district court enjoined July 31, 2012, primary elections for 

Sumter County, Georgia’s board of education on a May 22 federal 

complaint. The relief was sought by both the voter plaintiff and the 

county defendants because of the state’s failure to seek timely preclearance for new district lines reflecting the 2010 census. The judge 

permitted an interest group to intervene for the purpose of proposing a new district plan, but the judge decided to draw his own plan 

with the assistance of the legislature’s reapportionment office. 

Subject: District lines. Topics: Malapportionment; enjoining 

elections; intervention; section 5 preclearance. 

On May 22, 2012, a Sumter County voter filed a federal complaint in the 

Middle District of Georgia, alleging malapportionment of the county’s 

board-of-education districts.1 According to the complaint, a preclearance 

request—pursuant to section 5 of the Voting Rights Act—for new districts 

reflecting the 2010 census was withdrawn on January 31 and the May 23–25 

ballot-qualification period was nigh.2 The complaint sought injunctive relief, 

including a temporary restraining order.3

On May 25, Judge W. Louis Sands set the matter for hearing on May 31.4

He instructed the attorneys to notify persons who qualified as candidates 

during the qualification period.5

 A second hearing on the plaintiff’s standing 

was set for June 15.6

On June 21, Judge Sands enjoined the July 31 primary elections, an action 

sought by both the plaintiff and the defendants.7

 Although the seat for the 

plaintiff’s district was not up for reelection in 2012, Judge Sands determined 

1. Complaint, Bird v. Sumter Cty. Bd. of Educ., No. 1:12-cv-76 (M.D. Ga. May 22, 2012), 

D.E. 1; see Amended Complaint, id. (Aug. 24, 2012), D.E. 65 (substituting, pursuant to court 

order, the Sumter County School District for the Sumter County Board of Education). 

2. Complaint, supra note 1, at 9; see Keven Gilbert, No Decision Yet in Bird vs Board of 

Education, Elections, Americus Times-Recorder, June 16, 2012 (reporting that the board was 

concerned by the legislature’s creating two at-large seats, which history suggested could not 

be won by Black candidates); Hearing Held on Federal Lawsuit, Americus Times-Recorder, 

June 2, 2012 (same); see also 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). 

3. Complaint, supra note 1, at 16. 

4. Hearing Order, Bird, No. 1:12-cv-76 (M.D. Ga. May 29, 2012), D.E. 19; see Transcript, 

id. (May 31, 2012, filed June 14, 2012), D.E. 46. 

5. Hearing Order, supra note 4. 

6. Injunction, Bird, No. 1:12-cv-76 (M.D. Ga. June 21, 2012), D.E. 50; Minutes, id. (June 

15, 2012), D.E. 49; Minutes, id. (May 31, 2012), D.E. 21. 

7. Injunction, supra note 6, at 10, 13; see Keven Gilbert, Federal Judge Stops School Board 

Election, Americus Times-Recorder, June 23, 2012. 
Redistricting the Sumter County School Board 

2 Federal Judicial Center 9/4/2023 

that the overpopulation of the district afforded the plaintiff standing to challenge the apportionment.8

The NAACP’s Sumter County branch and seven persons moved on July 

18 to intervene and propose district lines.9

 No party opposed intervention, 

although the plaintiff opposed the intervenors’ plan, and Judge Sands granted intervention as of right.10

On March 28, 2013, Judge Sands appointed the legislative and congressional reapportionment office of Georgia’s general assembly as an adviser to 

help him draw district lines.11 On the same day, he declined to adopt the 

NAACP’s plan.12

On June 28, Judge Sands ordered the parties to brief the court on the impact of the Supreme Court’s June 25 holding in Shelby County v. Holder13

that although section 5 remained good law, the criteria for which jurisdictions were covered by section 5, which are provided by section 4,14 were unconstitutional.15 Judge Sands dismissed the action on October 28 as rendered 

moot by Shelby County.

16

8. Injunction, supra note 6, at 4–7. 

9. Redistricting Motion, Bird, No. 1:12-cv-76 (M.D. Ga. July 18, 2012), D.E. 54; Intervention Motion, id. (July 18, 2012), D.E. 53. 

10. Order, id. (Aug. 15, 2012), D.E. 60. 

11. Order, id. (Mar. 28, 2013), D.E. 70; see Keven Gilbert, Federal Court to Propose District Map, Americus Times-Recorder, Mar. 31, 2013. 

12. Order, Bird, No. 1:12-cv-76 (M.D. Ga. Mar. 28, 2013), D.E. 71; see Gilbert, supra note 

11. 

13. 570 U.S. 529 (2013). 

14. Voting Rights Act of 1965, Pub. L. No. 89-110, § 4, 79 Stat. 437, 438, as amended, 52 

U.S.C. § 10303. 

15. Order, Bird, No. 1:12-cv-76 (M.D. Ga. June 28, 2013), D.E. 75. 

16. Opinion, id. (Oct. 28, 2013), D.E. 82, 2013 WL 5797653.