The ongoing lawsuit over the disputed mayoral election in Newbern, Alabama, is progressing towards trial, following a recent amended scheduling order issued by U.S. District Court Judge Kristi K. Du- Bose. The order lays out upcoming deadlines and sets a firm trial date.
Patrick Braxton, who asserts that he is Newbern’s first Black and rightful mayor, initiated the lawsuit against his predecessor, Haywood Stokes III, and the predominantly white city council. Braxton alleges that the defendants conducted an unlawful special election to oust him, violating the Constitution and other state and federal laws, including the Voting Rights Act.
In her scheduling order, Judge DuBose set a deadline for the completion of all discovery by August 5, 2024. This includes depositions, interrogatories, and other discovery activities. The order emphasized that no extensions will be granted.
A final pretrial conference is scheduled for August 14, 2024, at 12:00 PM Central Time. This conference will be conducted via telephone and will address the parties’ readiness for trial and any remaining pretrial issues. The court has mandated the submission of a joint pretrial document by August 7, 2024, detailing all aspects of the case, including claims, defenses, witness lists, and exhibits.
The bench trial is set to commence on September 9, 2024, at the United States District Courthouse in Selma, Alabama. It is expected to last two days, concluding on September 10, 2024. This trial will be a critical moment in resolving the legal disputes surrounding the mayoral election in Newbern.
Braxton’s lawsuit contends that Stokes and the city council held the special election without proper notification to Braxton or the town’s Black residents, effectively preventing their participation. In March, Braxton sought a preliminary injunction for a special election to be held in November, which Judge Du- Bose denied, citing insufficient evidence of “irreparable harm.”
The court’s scheduling order indicates that the case will proceed without delay, establishing a firm timeline for both parties to finalize their cases.
