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PEO[{E At Ea\D OP fBANSUISSIOII

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: -. . - . '. ': : ' : ' '

... . , .... . FOR TH.E EAFTERN.DISTRICT OF ARKANSAS. ..F'rE, .E'r}
.. . . . .-.--_-gs..o$TACTCOUET . :.

. EASfEFN Or::fniCr ,r,ira.^:Si$

J/-\N Z; 1ir39

CARL n. 8Ri:htrs, rll_i:nK
M. C. 'JEFFERS, AL PORTER, EVANGELI NE BROI^IN,
CLYDE COLLINS, O.C. DUFFY, EARL FOSTER,
REV. ELIHUE GAYIORD, SHIRLEY M. HARVELL,
LINDA SHELBY, J.C. JEFFRIES,
LAVESTER MCDONALD, JOSEPH PERRY, CLINTON
RTCHARDSON, T.E. PAT?ER.SON., EARNEST Sil.tpsoN,
BRIAN SMITH, and CHARLIE STATEhIRIGHT
on behalf oF themselves and all. others
similqrly situated,

./ 
plaintif f s,

BILL CLINTON, in hi.s capacity as Governor
of Arkansas and Chai.rman of the Arkansas
Board of Apportionment; 9{.J. McCUEN, in
his capacity as Secretary of State of
Arkansas and member of the Arkansas Board
of Apportionment; STEVE CLARK, ln his
capacity as Attorney General of Arkansas
and member of the Arkansas Board of Appor-
tionment; and the ARKANSAS BOARD OF AppOR-
TTONMENT,

By:
D?F.CL;?(

H.C. B 9
No.

004

Defendants.

COMPLAINT

Introduction

1 - This action is brought by L7 black citj.zens on behalf
of themsel.ves and all other black cj.tizens who are eligible and

registered to vote in Arkansas. Plaintiffs seek to enforce their
right to participate equally in the political process and elect
the state IegisLators of'their choice. They seek declaratory and

fo= A ircN,affi



1. f nj.Uqc,tiyg. . I.elief,'. enJcining' tl.e ..contii
i . " .,.''..appo.5'liorim.ent sc.heie 'for :the..,Arkansa6 Senate and.Arkansas Housenr \qlt_d=, ff(,tls_e

: 
of r Repqe3entatl":" - ,hi.v ar.rege. ttrat ttre .rsar apportionment

''scheme' was adcipted' with thgt'purpbse'of ,-i.rimizingr the politicat
strength of black voters.. in violation of the Fourteenth and
Fifteenth Amendments to the united States constitution , 42 u.s.c.
s 1983, and section 2 of the voting Rights Act of 1965 as
amended, 42 u-s-c- s 1923; in addition, they arrege that the

: result of hording state legislative elections und.er the current
'apportionment scheme is to deny black citizens an equal

oPP.9=to"ity to erect the candidates of their choice, in vioLation
of section 2 0f the voting Rights Act of 1965 as amended. en!d,

Jurisdiction

;- This court has 'jurisdiction pursuant to 2a u.s.c. ss 1rJ ha"tt1331 and 1343 and 42 U.S.C. S f g?3j(f ). This is an action ..

arising under the statutes and constitution of the united States 
"trand an action to enforce statutes and constitutional provisions act,d

1that protect civil. rights, including tire right to vote . ??ngHate

3- praintiffs seek declaratory:.rd other appropriate
relief pursuant tb the Declaratory Judgment Act, 2a u.s.c. ss
22OL and 2202'. Rdrv\rt- Dpcr. rruaf ar.*l"ovr rad. a4lr1 

^fe ro g yi ota hqs .

S 2284 (a), this Court should
request that the chief Judge of the united States court of
Appeals for the Eighth circuit convene a three-judge dlstrict
court ' because this action challenges the constitutionality of

4. Pursuant to 2A U.S.C.



' 5-.. ptaintiff T.E: 'patterson: is-an adurt jblack citizen 'of
the united States who resides in puraski.county, Arkansas. He is
properly registered. to vote. He is the president of the Arkansas
BLack caucus. W i Hnorrt, \cnoltedql or t n{o .

6- plaintiff Al porter is an adurt black citizen of the
united States who resides in puraski county, Arkansas. He is
propgrly registered to vote. He i.s the president .of the
Leaflership Roundtable. Sa-rVrf_

1 ' Plaintiff Evangeline Brown is an adult black citizen
the united States who resid.es in chicot county, Arkansas. She
properJ,y registered to vote. Sarnr.-

8. praintiff clyde-col..Lins is an adur.t brack citizen
the united States who resides in cross county, Arkansas. He

properly registered to wote. tqrnr.-c-

9- plaintiff o.c. Duffy is an adurt black citizen of the
united States who resides in t{oodruff county, Arkansas. He ls
properly registered to vote. 

=;
10. plaintiff.Earl Foster is an

United States who resides in Nevada

properly registered to vote- Sc4"yvt;q-

11. Plaintiff Rev. Er.ihue Gaylord is an adult black citizen
the united States who resides in columbia county, Arkansas.
is properly registered to vote. Sq.rYtll

of

is

of

is

adult black citizen of ttre

County, Arkansas. He is

of

He



' 'is.'nroperly 
registered, to .rot"l. ... . 

.

uni'ted states who resides in st. Francis county, Arkansas. He is
properly registered to vote.

the

'15

74- Plaintiff J.c. Jeffries is an adurt brack citizen of
United States who resides in Jefferson County, Arkansas. He

properly registered to vote.
15-. Plaintiff Lavester McDonaLd is an adult brack citizen

is an adult black

in Phillips County.

. 
o' fhe united States who resid.es in Mississippi county., Arkansas.
He is properly registered to vote.

16' Plaintiff Joseph Perry is an adult black citizen of the
united States who resid,es in Lee county, Arkansas. He is
properly registered to vote-

1'7 ' Praintif f clinton Richardson is an adult br.ack ci.tizen
the united States'who resides in Desha county, Arkansas. He
properly regristered to vote -

18 ' Plaintiff Linda Shelby is an'adult black citizen of the
united states who resides in philrips county, Arkansas. She is
properly registered to vote.

19. Plaintiff Earnest Simpson, Jr.,
citizen of the United States who resides
Arkansas. He is properly registered to vote.

20 ' Plaintiff Brian Snith is an adult black citlzen of the
United States who resides in Union County, Arkansas. He is

of

is



'.pltoperly:segisteqedto'vcite. .: : :,. . .:

.. :

i , 
of the u11t9d'states who resldes 1n':Monroe county, Arkans""., He

. : 
..:... 

:-.j-. ,.i. . ,., ls.properly reglstered to..vote; td'i{4ih* ,Fn.^r{rd{r + tn{O,
22- Defendant Bill clinton is a white adult resident of the

state of Arkansas - ," is sued in his of f icia-L capacity as
Governor of the State of Arkansas and as chairman of Arkansas
Board of Apportionment. rn his capacity as Governor, it is his

' duty to see that the laws are faithfully executed, Ark. const.
- Art . i6, S 7 , and he serves, ex of f icio, erS chairman of the

Arkan--- ---7-tsas Board of Apportionment, Ark. Const. Art. g , S 1 . The
.r

Governor also has the duty to commission those who are elected to
public of f ice, Ark. Code S ?_s_5o4 (198?). ftUnf 6

23- Defendant 9^I-J- Mccuen is a white adurt resi.dent of the
State of Arkansas. He is sued. in his official capacity as
Secretary of State of Arkansas and as a member of the Arkansas
Board of Apportionment. rn his capacity as Secretary of state, he
serves, ex officio, orr the Arkansas Board of Apportionment, Ark.
const. Art. 8, S 1. {tOnrf

24- Defendant Steve clark id a white adult resident of the
State of Arkansas- He is sued in his official capacity as
Attorney General of Arkansas and as a member of the Arkansas
Board of Apportionment- rn his capacity as Attorney Genera.L, he.
serves, ex officio, on the Arkansas Board of Apportlonment, Ark.
const. Art. 8, s r. ftoni-r

25' Defendant Arkansas Board of Apportionment Ihereafter



thq. .Gover.nor,. ' Segret.ar.V .of..'. Stat.L,

Aqk; Const, .Art:,.8., S f . .It i's t'he govgovernmentajl. bbay,
r.esp.olrsibLe" for naklnll.'an appbrtionibnt'of'representatives to the I ,

Arkarisas Genera.l. Assembly in accordance with Ark. const. Art. 8-
26. Atl three members of the Board are white. S$ilr1
27 - Every member of the Board, since its creation in 1936

following the passage of Ark. const. amend. 23 and since its
modification by Ark. const- amend,. 4s in 19s6, has been white. RonA lT

. Class Action Al1eoallons

2a - Plalntlffs bring this action as representati.ves of the
class of a-L-L brack citizens of the State of Arkansas who are
eligib.le to and registered. to vote. lottn.orrct fa.o.^rkdqr_ or rn po

29 - The cr,ass is so numerous that joinder of ar I i ts
members is impracticable. sq' rn q

30. The 1egali-ty and constitutionality of the current
apportionment of the Arkansas General Assembly concern 1ssues of
Law and fact common to the cl.ass. Sq;l^<

31 - The claims of the represientative parties are typical of
the claims of other class members. Sa+.r_

32- Thej representative parties have a personar stake in
this controv"""f,ffi have retained competent and experienced
counsel to represent them. They will fairry and adeguately
protect the interests of the ctass. Ulo kndloUay A io o.l{*.c,t

33- rn adopting and using the present statewide

J



$"9

Addt *'l^.-t

rBe8
toa yt'rl
gerniftrd
blacls {o
veTe.
Aa tntF
ptt to*
$du^ lll,o
re^.al ue.3t,
rqcq. Tfi\:
rcst

*6)

Background

34. According to the 19gO Census, Arkansas had a total
population of 2,286,435. of this total, 373,768 (16.35X) were
brack. ftOMrT

@ 
Arkansas has a long history of officiaL discrimination

that touched the right of black citizens to register, to vote,
and otherwise to participate in the democratj.c process. Denq

I
36 - Prior to the civil lrlar, bracks were precruded f rom

voting in Arkansa=.ftt*e Arkansas constitution of 1868 first
permitted bl'acks to vote in Arkansas. A few b]acks were eLected
to office during trle Reconstruction period, but blacks were again
effectively di.senfranchised. in Arkansas through various means,
5'ncruding intinidation and legal. inpedinents such as literacy
tests and poll taxes. The poll tdx was a reguirement for voting
in Arkansas untiL 1965.

37 ' Primary elections in Arkansas were restricted solely to
white citizens until that practice was outlawed by the Supreme0dn^it S.c*. &ci"r,isr" u, &r,o^ cr+(. t^rlo fr',,,.ilrdry d., +!Court in L944. Alrtt.

38' Electlons in Arkansas are characterized by significant
racial bloc voting in contests involving both black and white

+g)



#.(0

voting strength'of btack voters where they'are a minotit.i..of ithe, . .

erectorate . Df N5
39. Arkansas has traditionally used, ?rrd continues to use,

unusually large election districts, in particular, muLti_member
districts; najority vote reguirements; numbered-post provisions;
and other voting practices or procedures that enhance the

"Ypg.Illity.for d.iscrimination against black voters .ftdra\i* rurtb'-ntlz*la

.l 
oo ' Black citizens of Arkansas continue to bear the effects

of pervasive official and private discrimination in such areas as
education, emproyment and hearth, which hinders their ability to
participate effectively in the politicar process. 0rru3

41 - BLack voter registration and participation in Arkansas
is not equal to white voter registration and participation. Otu g

42- Black candidates have not had significant success in
achieving eLection to the Arkansas Generar. Assembly. From the
end of Reconstruction untir rg72, no bracks hrere erected to the
Arkansas Legislature. Uiifh.\^tr En,,\rJlqefl

*a).

+6)

43. In 1991, fol.Lowing the decennial. federal
Board, then consisting of Governor Frank g{hite,
state Paur Riviere, and Attorney Generar Steve clark,

census, the

Secretary of
convened to



'.27 , 198'1,

adopted the -forr9wing'prlhciples .to -guide its drawini of dlstrici' -. ;.

'ftu{nd

. "1. To maintai.n county lines intaqt -whenever
possible bbcause thes" ire impo"ta"l 

";il;;historical , geogiraphicaL , and pol iticaf -U";"ai;l"l
within which individuars of a certain identity ofinterest reside

! 3. To maintain districts which have some or aLr.irf the qualiti-1s- of geographicar cohesiveness, identityof common political and eJonomic interests, conti.guousterritory, compactness of area, ?Dd, absence of naturaLbarriers

2. To minimize so far asof the electoral process andregistration, ballot printing and

4. To assure so far
and identifiable minority
such a way as to deny
representation.

possible a disruption
procedures of voter
voting.

as possible that cognizable
groups are not submerged intheir members effective

5- The maximum deviation between districts shal-r,not exceed 5s and the maximun deviation between thelargest and smalr.est district sharr ue- no greater than9.5X

6 ' The ideal Senate district shour.d contain65,300 residents- The maximurn allowabre size for anydistrict wilt be 68,sgs and, the minimum arlowable sizewill be 62,035 :

7- The.ideal House of Representatives distrlctshould contain'22,gss. The maxim,m allowable size wirr.be 23,99't and the minimum arrowabre size wirr. be2t,713.', '

45- The Board.s May 27 statement of
decided that singJ.e-member d.istricts were
multimember districts because single_member

likely to lead to the election of legislators

principles further

to be preferred to
districts were most

responsive to their

9



......l,..:...1j.1.:.::-:,.-....'

'. .'46:', Fina'I f y', th-e.. ioird.',i
t.. . 1 .. :permitted 'the.uSe of mult'imenb'er nouse distr.lcts. where ttre ti6e of
such districts i/nvoived,'cbhesive communittrit[.i.es]' of inter::. of intereFt" anil
provided tha t identifiab.l.e minority groups would not be
submersred. AOfn f T

47 - The Board her.d pubric hearings regarding apportionment
during May 1981. During those hearings, concerns were expressed
regarding the impact of. various. a]ternatives on the ability of
minority voters to el.ect the candidates of their choice- flo rn;l

4a- Neither before those hearings nor after the hearings
but' before the approvar of finaL apportionment plans did the
Board r:rovide to the general public specific demographic
information regarding the number or location of concentrations of
minority voters. 0gXtq"J.

49 - At no time prior to its promulgation of final plans did
the Board provide t.o the general pubric speci f ic inf ormation
regarding the minority composition of proposed districts- Dtv6-.

50' on June 26,1991, the Board'herd a meeting at which it
approved a districting plan for senate districts outside pulaski
county- At that'meetingr, two Board members--secretary Riviere
and Attorney Generar clark--took the position that the Board was
not reguired to create districts with effective bLack votlng
majorities. fi Dm rf

51- The pran for senate districts was adopted by a 2_L
vote, with Governor [.thite dissenting because he was unabre to

#G)

Q.l.d 
^^-d- 

Z-l v aIJ- v,flA- l,Jh;-8.- re*,



.. '.-' .. :s2- ,The Sgnqte pran ul'timately adoptgd had not .beerr: ,.a.__ t.-...s ss.4 I qsvt, rsrJ .rlcl(l If()[ . Oeen .mactg
.1ai.b1e.f"tptiur.icconniente.it,her1'..,1..15"regu1ar1yconductea.,]' avail

'l ..' -. t-,.,-' ... ... l.),"-=.' . 9f '. .r1re :regujarrY. gqnctqqt.eA ...
pub}icheari.ngsorinanyotherfashion.D'rvy-,

#. (?) 
that'^'.".::rl":,""""""';^r:: r::=":::: :'="--".T .::
Arkansas committee for Fair Representation--a group consj.sting of

i the Arkansas Education Association, Arkansas AFL_CIO, Arkansas
Black caucus, Arkansas Black Republican council, Arkansas womenrs

- Political caucus, common cause, Human Service provider,s
'' Asso/ciation, rnternationaL union of Electrical, Radio and Machine

,^lorkers, rnternationar Association of Machinists, Arkansas NAACP,

National organization of women, united Steelworkers of America,
urban League of Arkansas--seeking postponement of the

promulgation of final apportionment prans untiL the public had
' had the opportunity. tci study and analyze the impact of the

proposed' prans on the ability of blacks to elect the candidates
rir choice. 

ftdry\iL'l+ui \"rh/ta- $l.r,r,;d-rd rcro4al7..oiu. fu^J 
-t^cjt

54. The resoLution was def.eated
Governor tlhite dissenting. flo fn rf

55' At the June 28, 1981, meeting the Board adopted a
districting plan for the House by a vote of 2_t. ftDn111

56. The House pran urtimately adopted had nct been made
availabLe for public comment either at the regurarly conducted
public hearings or in any other fashion- 0i.r..f U4

by a vote of 2-L, with

*0o)

11



. . :1' .9', '111 1"rl'-1?u',, .IH; "9"rd 
-rite*;iI" 

9i.d.r, .rid-n"por:

..58:: Governor.
, 
uqi Gsvernlr,white' digsen.ted f rom al. orger and neport H

stat:ed 1t.t , tr,.: poar{.,-s. pr"r, dtd. notll..ri,rr.r wi-- ,-u: '.^-'-..].t:

announced principres regarding-the integrity of county 1ines., ttre_ _ _r. _^ vvqrrr)

maintenance of compact and cohesive districts, and. the avoi.dance
of submerging minority voting strength. ACn'&t d14o4rtt, t^1 t^J-fr,ltlt-. A,"*

/!e$f59. In particular, Governor tlhite stated that, with regard.
to the House plan, ,,philr.ips county is divided i.n such a way that
District 85 is separated by naturar boundaries to an extent that,!.
whoev'er represents this district must traver through other
dis{ricts to reach the northern portion of District 85 from the
southern portion. ', ttUm n

60' rn addition, Governor white stated that ,,the Board had
a chance to red.uce the number of -nul ti-member districts by
creating two singre-member districts in crittenden county. Not
only does this cre.ate' the largrest geographical area for a multi-
member district, but there is a valid argument ttrat it dir.utes
the voting strength of minorities in Crittend.en County.,, fiOfnfT

:

"

61.

districts.

62.

guidelines

The 1981 House apportionment pran contains 1oo
of these, 26 (26%) are mur.ti-member districts. ftornr1-

The Board of Reapportionment consistently viorated its
about splitting county Lines.

t2
0,^)



. , . .. q:',.,thq .1?dt .House appgr..iorrr"rr. prarr spt,ta. uu. 
toi "'.'' '

. ' i . oroaii=as:i:'e1, "o,,rrri;r.. Pj*i y{';*A ;'%kr*4r- !Is',.ihr,^hij:,7,grt<
', :-' ^'.. 

t.- -... '.---:::-- w\rrt\4xl"d&Aib, 0r4..# Ar^df, . .'

: -. /rlt' '. . 94. .un{er. !ti" -1981.' p]'an; . only bne. sinqte-neiber didti.t.t
.'r dD h.d' -""";ffi .i" "tr';:"':r-T;""jr."":1":t:"=:i1T":" T:::::.,

b1ack. Udoul f+ruXdgg.

f(0

*0)

d01)

65- under the 19g1'plan, only one multi-member district has
a population of voting age that is between 50 and 65 percent
b1ack. trj rJ*sri k+tr^ilil06t

66- Prior to the 1988 elections, onry the following two
districts had el'ected black Representatives since the 19g1i
reapporti.onment: House District g2 (Jefferson county) (single_
member district) and House District 62-64 (pulaski county)
(three-member district). rn 198g, a brack Representative was
elected from House District 4a forlowing a court order finding
that the 1981 plan viorated the voting Rights Act with respect to
Districts 48-49 and ordering a remed.y creating a majority black
district- see smith 'v. c.linton , 687 F. supp. 1310, decision on
remedv, 687 F. supp 1361 (8.D. Ark.1988). n0InlT

67 - The 19g1 apportionment s'cheme splits poriticarly
cohesive, geographically compact communities of black voters
which could constitute effective voting majorities in singre_
member distriits. DaN,

68 - The splitting of these cornrnunities, and the ensuing
dilution of black voting strength, was a foreseeabre resuLt of
the 1981 apportionnent scheme. DtN5

69- The 1991 apportionment scheme submerged in a majority-r00
13



. .:t.; ' wiiite'.qrulti'-me.n'uer dts'trict .' nol*iticarly "oni.=ive 
'.'. '

'. r{h'i t e

. ;.'geographiclirv .,coripl"i comnunitr::'or, ui.aet l.rot"r= 
: wtrich 

";oru 
'' ,

. 1.. .-_- _ --,_I^ vv.\sr D . wrlJ.(;.fl . coulct ..:
' 'constitute ef f ective votin- mi.,a-,'*.^^ .'- '.

.i...con9:rtutee'..:"tive.vo!inomajo5i.!+":.in.s1ngle-m.embet

....1dist1icqs..s....,shitt,*''ciiBt9,,,.",,ijia..@gHW
t)(0b 70' The submergence of.'this community, and the ensuing

diLution of black voting strength, was a foreseeable resul,t of
the 1981 apportionment scheme. 0t*y

77' Using lggo census f igures, at r.east seven
geographically compact single-member districts whose populations
fall within the range of 2\,7L3 to 23,gg7 which are 65 percent or/.
nor: black in total population couLd be drawn. 0tNf,k .

/\J' '12- using lggo census f igures, at least thirteen
geographically compact single-member districts whose populations
farL qithin the range of 2L,7Ls to 23,gg7 which are more than 50
percent black in total population could be drawn )f N&
The Senate

73 - The present Senate apportionment p-1 an contains 3s
s ingle-member districts . hd mlf

t(l)

*d0

Oeug '

r(0 75. Only one .district tras a poputation of voting age that
(?D) is predominantly brack. td{ho^^, Kno&c.62,

'16. OnIy one district
the 1981 reapportionment. Ad

7'I . The present apport j.onment scheme splits
cohesive, geographically compact communities of

has

rru*
elected a black Senator since

politically

black voters

r(30

74. The present

Arkansast 81 counties.

Senate apportionment plan splits 26 of

{(zD

L4



' : Whtc'h. c'ould conqti.tute, irffective voting fiajorities jiri singI,e- ;

78 . - The spr i't 
l 
t"n of .these communitles , and the ensuing

di{uti.ot ,o.f bl*isk :voling 
'st1er.re.th,. 

was 
" 

iao""=ee3.ble 
""q,rrt ol

the1981hpportionmentscheme.D€^5.....'.

four geographically compact districts whose
within the range of 62,035 to 68,565 which are
voting agre population fue

80- A pattern of violations of the voting guarantees of the
fourteenth and fifteenth amendments and statutes enacted to
enforce such guarantees justifying equitabLe relief has occurred,
within the territory of Arkansas, mand.ating placing the state of
Arkansas under pre-clearance reguirements pursuant to section

{@0

f @$ 
"",,.1]= ;:'::"':":"*=1",:""::,",:";.,::","= 

"","==ii:=.:draw at least

populations faLL

majority bLack in

3(c.) of the Voting.Rights Act, 42 U.S.C. S 1923a(c) . 0a%

Q-etLrat'St

fir=t Ca"s" "f actlm
81' Plaintif fs reallege the contents of paragraphs L-7g. a.nxrr€lsv .

.-, \ a2- The present apportionment scheme for the Arkansas

'fQ6l GeneraL Assenbly was adopted with the intention of minimizing the
political strength of brack voters in vioration of the Fourteenth
and Fifteenth Amendments to the united States constitution,
section 2 of the voting Rights Act of 1965 as amended , 42 u.s.c.
s 1e73, and 42 u.s.c. s 1s83. tRnA.J

arance Remed

15



;e of Aitioh ' ' :

,183' Pfaintiffs reafles'e the contents of parasraphs t-7s. La*!9q.C 
^

_F___ Af-tfutt*84' The present apportionment scheme fbn the Arkansas
.rf00 - e enelar a.lsequiy 1." rhe resur t ; ;.;r;;' *;": r";rticar :

' processes 'leading to '.no.mination' and election . less open to
\participation by black voteis in that they have less opportunity

' than other citizens to elect the candidates of their choice, an.
thereby wiolates section 2 of the voting Rights Act of 1965 as

: .amended, 42 U.S.C. S 1SZS.

Re.l.ief

frHunirone, plaintiffs ask this court to:
'/ l - Decrare that the present apportionment scheme for the

Arkansas General Assembly has the purpose, the effect and the
resul't..of diluting black voting strength and denying brack voters
an equal opportunity to elect the candidates of their choice in
viol'ation of the Fourteenth and Fi f teenth Amendments to the
constitution, section i of the voting Rights Act of 1965 as
amended, 42 U.S.C. S 19?3, and 42 U.S.C. S 1983.

2. Enjoin the operation of the present apportionment
scheme

3- order into effect prior'to the opening of candidate
filing periods for the 1990. erections, an apportionment scheme
that provides black voters with an eguar opportuni.ty to er.ect the
candidates of their choice.

4 - Retain jurisdiction untir the Board has reapportioned
the State on the basis of the 1991 census and for such additional

Affirrnorr^rc &{e,*s: to"f& i sht1- t ltruda)t*}
T€r^*1n .r cLqxulfi ar*ead_r'rerrJs , &*_Ca + s+dr- 

"_cl.qr;^- 6n wh rch rebci Cq/^ L{- Zva^N; COrrd .s p. isho^fd qh+qu^-. Ur,\{,(afo&., dr"l-r"d@ujs Frd^,f 
-.t1""* 

{+*_ ry,'



per.iod'unti.r the court' 'fir,d=. that the new pran (witir any
rgviqions that al" Court fleems ,"""""""r, complies with the
cbnstitution and the voting Rigtts Act, that it fairly recognizes

., : 'nt, 
voiing streirg!.h of bl.ack 

:i.aizens aqd that it does not.
. l"fpetuate the wiolations de.scribed-abover €lDd, order that Ur"rry

such period no er.ections'sharr be hetd under the new plan.
5' Retain jurisdiction pursuant to section 3(c) of the

Voting Rights Act, 42 U.S.C. 19?3a(c), and place the State of
: Arkansas under the pre-clearance reguirements of section 3(c).

6 ' Grant plaintif fs their taxab.r.e costs in this action,
necesgiry'expenses of the litigation, and reasonable attorney,s

.. f ees:
t

7. Provide such other rel.ief as the Court

Respectfully
finds just.

submi tted,

OLLY NEAL
KATHTEEN BELL
Wilson, Bell & Neal

13O CoLumbia Street
Helena, Arkansas 723,42
( so1 ) 338_6487

P.A. HOLLINGS9.TORTH
Hollingsworth Law Firm415 Main Street
l1!t1". Rock, Arkansas 722c1
( so1 ) '32 4_3420

DON E. GLOVER
P.O. Box 219
Dermott, Arkansas ?163g
( so1 ) s38_9O?1

@*^ a'-l
PENDA D. HATR

1275 K Street, N.i^I.Suite 3O1
Washington, D.c. 2ooo5(2021 682_13OO

JULIUS L. CHAIuBERS
SHERRILYN TFTTL

99 Hudson Street,
New york, New york
(212) 219_1soo

L.T. SIMES
Simes and Associates

P.O. Box 28ZO

lest Hel.ena, Arkansas 723go(so1) 572-37s6

16th Floor
10013

January 24, 1s8s HUd Sarr. Jl, lTgl
C-n.f bu*- tl- dloin^pb,odt:omf aua_ br dttirvvrioad, ftttrr4)

a^td sqrh ofl.^ Mttil ..., t7
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