CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 10/27/2023 1

At-Large Election to Districts in Memphis 

Operation Rainbow-Push v. Shelby County Election 

Commission (Jon P. McCalla, W.D. Tenn. 2:06-cv-2451) 

A municipality removed a state-court action challenging an election 

to a commission because the members were to be selected from districts but elected at large. Observing the potential impact on candidates for other offices in the election, the district judge denied the 

plaintiffs immediate relief. 

Subject: District lines. Topics: Enjoining elections; section 2 

discrimination; equal protection; intervention; removal. 

On July 21, 2006, Memphis, its city council, and the county election commission removed an action filed on July 18 in the county chancery court seeking 

to void an election to Memphis’s charter commission because the members 

were to be selected from districts but elected at large.1 Because the election 

was scheduled for August 3, the plaintiffs—two Memphis residents and an 

organization—moved on July 24 for an emergency hearing.2

Judge Jon P. McCalla held a hearing on July 24 and ordered additional 

briefing by July 28, following the plaintiffs’ amending their complaint.3 Judge 

McCalla allowed another party to intervene in opposition to the plaintiffs.4

Noting that “enjoining the election for Charter Commission would effectively enjoin the entire election, and would require all of the candidates, including those for County Mayor, Sheriff, Attorney General, United States 

Senate and House of Representatives, to continue their campaigns until the 

election was allowed to proceed,” Judge McCalla denied the plaintiffs immediate relief.5

 “Plaintiffs have put forward no evidence to demonstrate that the 

White majority votes sufficiently as a bloc to defeat the black minority’s preferred candidate.”6

1. Notice of Removal, Operation Rainbow-Push, Inc. v. Shelby Cty. Election Comm’n, 

No. 2:06-cv-2451 (W.D. Tenn. July 21, 2006), D.E. 1; see Petition for Writ of Mandamus and 

Action for Declaratory Judgment, Operation Rainbow-Push, Inc. v. Shelby Cty. Election 

Comm’n, No. CH-06-1403 (Tenn. Chancery Ct. Shelby Cty. 13th Dist. July 18, 2006), attached as Ex. 2, Notice of Removal, supra; see also Lawrence Buser, Rainbow-Push Sues Over 

Charter Election, Memphis Commercial Appeal, July 20, 2006, at B4. 

2. Motion, Operation Rainbow-Push, Inc., No. 2:06-cv-2451 (W.D. Tenn. July 24, 2006), 

D.E. 2. 

“Voters were able to vote in advance from July 14 through July 28, 2006.” Opinion at 2, 

id. (Aug. 1, 2006), D.E. 15, 2006 WL 2435081. 

3. Order, id. (July 25, 2006), D.E. 4 [hereinafter July 25, 2006, Order]; see Amended 

Complaint, id. (July 25, 2006), D.E. 5. 

4. July 25, 2006, Order, supra note 3; see Intervenor’s Motion to Dismiss, Operation 

Rainbow-Push, Inc., No. 2:06-cv-2451 (W.D. Tenn. July 27, 2006), D.E. 6. 

5. Opinion, supra note 2. 

6. Id. at 9. 
At-Large Election to Districts in Memphis 

2 Federal Judicial Center 10/27/2023 

On December 22, Judge McCalla dismissed the action because the plaintiffs had not responded to pending dismissal motions.7

7. Order, Operation Rainbow-Push, Inc., No. 2:06-cv-2451 (W.D. Tenn. Dec. 22, 2006), 

D.E. 21; see Order to Show Cause, id. (Dec. 8, 2006), D.E. 20.