City of Monroe v. United States, 522 U.S. 34, 3 (1997) (per curiam)

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36

CITY OF MONROE v. UNITED STATES

Per Curiam

has two sentences. The first sentence sets forth a rule of deference to municipal charters:

"If the municipal charter . . . provides that a candidate may be nominated or elected by a plurality . . . , such provision shall prevail."

The second sentence lays down a state-law default rule for all other cities:

"Otherwise, no candidate shall be . . . elected . . . [without] a majority of the votes cast . . . ." Georgia Municipal Election Code, § 34A-1407(a) (1968 code section or § 34A-1407(a)), 1968 Ga. Laws 977, as amended, Ga. Code Ann. § 21-3-407(a) (1993).

Georgia submitted the 1968 code to the Attorney General for preclearance. Its cover letter stated: " 'In view of the variety of laws which heretofore existed, no effort will be made herein to set forth the prior laws superseded by the Municipal Election Code.' " 962 F. Supp., at 1505. The letter then listed the majority-vote provision as a significant change, noting: " 'Whether the majority or plurality rule is in effect in the municipal election will depend upon how the municipality's charter is written at present or may be written in [the] future . . . .'" Ibid. The Attorney General objected to other provisions of the 1968 code but did not object to § 34A-1407(a), so it was, and is, precleared. The United States does not dispute this conclusion, nor does it claim Georgia's submission was misleading, ambiguous, or otherwise defective.

In 1971, the General Assembly passed a comprehensive revision of Monroe's charter. 1971 Ga. Laws 3227. The 1971 charter made explicit provision for majority voting. Neither Georgia nor Monroe sought to preclear the revisions to the charter.

In 1990, the General Assembly once again amended Monroe's charter and carried forward the majority-vote requirement. This time, Monroe sent the 1990 charter to the Attor-

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