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TERMINATION OF VOTING RIGHTS JUDGMENTS AND ORDERS

TERMINATION OF VOTING RIGHTS JUDGMENTS AND ORDERS. The Thomasville Experience. Evolution of the Voting Rights Act. Section 2 (42 USC Sec. 1973) At-large elections ( e.g.,White v. Regester) Mobile v. Bolden 1982 amendments Thornburg v. Gingles. Thornburg v. Gingles.

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TERMINATION OF VOTING RIGHTS JUDGMENTS AND ORDERS

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  1. TERMINATION OF VOTING RIGHTS JUDGMENTS AND ORDERS The Thomasville Experience

  2. Evolution of the Voting Rights Act • Section 2 (42 USC Sec. 1973) • At-large elections (e.g.,White v. Regester) • Mobile v. Bolden • 1982 amendments • Thornburg v. Gingles

  3. Thornburg v. Gingles • Sufficiently large and geographically compact • Politically cohesive • White bloc voting prevents black success

  4. The lawsuits begin • Halifax and Bladen: Lose and pay lots of money • Consent decrees • About 90 cities, counties, school boards

  5. Typical consent decree • District elections • Increase size of board • No expiration date

  6. Pay attention if you are from:

  7. The Thomasville lawsuit • Five-member council, all at-large, four from residency districts • African Americans 32 percent of population • No black candidate ever elected • NAACP lawsuit 1986 • Consent judgment March 1987

  8. The new election method • Seven council members • Five from wards • One majority African American ward • Four-year staggered terms • Two at large • Two-year terms

  9. Those meddling voters • Petition under GS 160A-104 • All seven at large, all two-year terms • Referendum April 15, 2003 • It passes

  10. The city goofs • Council starts to implement new election method • Extended debate over whether to inform the court • “I don’t see why the City Council of the City of Thomasville has to take this to Federal Court. Really, I don’t. It’s not our job.” • The judge is not happy • 2003 election enjoined • Election in February 2004

  11. Thomasville gets on right track • Rule 60(b) motion • NAACP opposes • Bivariate ecological regression analysis

  12. Thomasville wins • Institutional reform consent decree • Remedial • At-large election results • Lewis v. Alamance County, NC, 99 F3d 600 (4th Cir. 1996) • Different election method

  13. Lessons • Voting rights court orders are not meant to be permanent • “It is in the public interest to return control over elections to local authorities unless doing so would interfere with the voting rights of minority citizens . . . .” • Motion to vacate judgment allowed when circumstances have changed or order has served purpose • It’s the voting history, stupid

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