CASE SUMMARY

On January 10, 2017, the U.S. Attorney General filed a federal lawsuit against the City of Eastpointe, Michigan, Eastpointe's Mayor and City Clerk, and the Eastpointe City Council and its members, challenging the City's at-large, multiple-vote method of electing its City Council members as violating Section 2 of the Voting Rights Act. Specifically, the complaint alleged that the at-large method of electing City Council members had the effect of diluting the voting strength of Eastpointe's black residents. The U.S. requested a judicial declaration that the at-large election scheme violated Section 2 of the Voting Rights Act, an injunction barring the defendants from conducting any future elections under the at-large method, and a court order requiring the defendants to create and implement a new election system for the City Council that complied with the VRA.

On June 5, 2019, the parties jointly moved for the court to enter an agreed upon consent judgment and decree, which the court granted and entered on June 26, 2019. The consent decree declared that the at-large, multiple-vote method of election violated Section 2 of the VRA, and provided that the City would implement a ranked choice voting system for future elections, beginning on November 5, 2019. On October 18, 2019, and August 26, 2020, the court entered supplemental orders exempting the City from application of various statutes in the Michigan Election Code which conflicted with their court-approved ranked choice voting scheme.

CASE LIBRARY

U.S. District Court for the Eastern District of Michigan, Southern Division - No. 4:17-cv-10079

• Complaint - 1/10/17
• Answer - 3/9/17
• Joint Discovery Plan - 4/5/17
• Defendants' Motion to Exclude Any Evidence, Opinion, or Testimony Related to the BISG Methodology and Data; or in the Alternative, Its Motion for the Court to Appoint an Independent Expert to Evaluate the BISG Methodology and Data Offered by Plaintiff - 4/9/18
• Defendants' Memorandum in Support of Its Motion for Summary Judgment - 4/10/18
• United States' Brief in Opposition to Defendants' Motion to Exclude Bayesian Improved Surname Geocoding (BISG) Evidence - 4/26/18
• Defendants' Reply Memorandum in Support of Their Motion to Exclude Any Evidence, Opinion, or Testimony Related to the BISG Methodology and Data; or in the Alternative, Their Motion for the Court to Appoint an Independent Expert to Evaluate the BISG Methodology and Data Offered by Plaintiff - 5/7/18
• United States' Brief in Opposition to Defendants' Motion for Summary Judgment - 5/10/18
• Defendants' Reply Brief in Support of Their Motion for Summary Judgment - 5/24/18
• United States' Motion to Strike - 5/29/18
• Notice of Supplemental Exhibit - 5/31/18
• Defendants' Motion to Strike Notice of Supplemental Exhibit - 6/5/18
• Defendants' Brief in Opposition to Plaintiff's Motion to Strike - 6/7/18
• Reply Brief in Support of United States' Motion to Strike - 6/14/18
• United States' Response to Defendants' Motion to Strike - 6/18/18
• Transcript of Proceedings on Motions to Strike and for Summary Judgment - 8/1/18
• Opinion and Order - 3/27/19
• Joint Motion for Entry of Consent Judgment and Decree - 6/5/19
• Consent Judgment and Decree - 6/26/19
• Joint Motion for Supplemental Order - 10/16/19
• Supplemental Order - 10/18/19
• Motion for Injunctive, Declaratory, Monetary Relief and/or to Set Aside Consent Judgment and Decree - 10/21/19
• Proposal to Settle Pursuant to the City of Eastpointe Voluntarily Dismissing All Future Use of Rank Choice Voting - 10/29/19
• United States' Brief in Opposition to Third-Party Motion for Injunctive, Declaratory, or Monetary Relief or to Set Aside Judgment - 11/13/19
• Motion to Strike Motion for Injunctive, Declaratory, Monetary Relief and/or to Set Aside Consent Judgment and Decree - 11/14/19
• Response to Third-Party's Motion for Injunctive, Declaratory, or Monetary Relief, or to Set Aside Judgment - 11/26/19
• Response to United States' Brief in Opposition to Third-Party Motion for Injunctive, Declaratory, or Monetary Relief or to Set Aside Judgment - 12/4/19
• Order Striking Third-Party's Motion - 1/10/20
• Joint Motion for Supplemental Order - 8/25/20
• Supplemental Order - 8/26/20