The Governor signed House Bill No. 1600 HB 1600 into law on April 28, 2006.1 HB 1600 reorganized the Carroll County Board of Education from a six member to a seven member board representing seven new districts. With regard to Districts 1, 3, 4, and 6, Sections g 2 and g 32 state that a special election “shall be held in conjunction with the general primary on the third Tuesday in July, 2006 July 18, 2006.” These provisions further direct that, “as soon as practicable after this section becomes effective, the election superintendent of Carroll County shall call a special election for the purpose of electing such members.” In accordance with HB 1600, the Board of Education submitted the proposed changes to the U.S. Department of Justice for pre-clearance under the Voting Rights Act of 1965 on May 31, 2006. The Department of Justice issued its pre-clearance letter approving the changes on July 19, 2006, at which time HB 1600 became effective. On August 2, 2006, Patti Brown, as Election Supervisor of Carroll County, and the Carroll County Board of Elections and Registration Appellees brought a declaratory action seeking a ruling from the trial court that the earliest practical time for the special election was in conjunction with the general election on November 7, 2006. Additionally, on August 3, 2006, Appellees asked for and received an ex parte order permitting them to open qualifying for Districts 1, 3, 4, and 6 from August 9, 2006 through August 11, 2006.
The trial court issued its final order on September 18, 2006. The order authorized Appellees to hold the special election on November 7, 2006. Bernice Brooks, the District 1 representative both before and after HB 1600 reorganized the Board of Education, now appeals.3 She argues that the trial court was without authority to rewrite HB 1600 to allow the special election to take place on a date other than July 18, 2006. Additionally, Brooks contends that the ex parte order allowing Appellees to open qualifying for the special election was improper under Uniform Superior Court Rule 4.1.
