Memo Louisiana Attorney General Buddy Caldwell: You aren’t heading in the the right direction when DOJ makes a “more information” request. It means you have problems. “Sharon Kleinpeter, spokeswoman for Caldwell’s office, said, ‘The attorney general’s office does not feel there is any unusual request for information, just a thorough review to make sure the (state) act complies with requirements of the Voting Rights Act.'”
Louisiana wants to move to open primaries. They made a submission under Section 5 to the DOJ. The DOJ made a more information request instead of preclearing the submission. This means there are problems with the submission, despite the rosy statements by state officials.
What to do? Submit the open primary plan direction to the District Court in DC. Georgia figured it out that the best way to ensure your plan is approved is to go straight to court. When you sue, and particularly when you allege that Section 5 is unconstitutional, the DOJ may be more likely to agree to settle and approve the plan in a close case. Court is easier, faster, cheaper – and most of all – more honest. Georgia won. Louisiana can too.
In particular, someone should let Sharon Kleinpeter know that the pattern of more information requests indicates the submission is not on a smooth glideslope to approval. There is BOTH an October 8 and December 7 request for more information. Double more information requests do not bode well for preclearance. In fact, had Buddy Caldwell filed the action in District Court on August 8 instead of with the DOJ, the plan would have most likely already been approved already. According to NOLA.com:
Sharon, suggest you speak with the attorneys in Georgia who suffered the same pattern before they determined they had to sue to get their plan approved.
Totally agree. Plus, it would show the DOJ that Louisiana means business which might prevent some redistricting problems later this year.