Thornburg v. Gingles Brief for Appellees

    , ,,

I

I

IN THE

UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF ALABAI,IA

NORTHERN DIVISION

CIIARTIE HARRIS and MOSE BATIE , I

individually and on behalf of )
all others similarlY situated, '

Plaintiffs, )

) cirril Action llo. 84-T-595-Nv.

CHARLES A. GRADDICK, iN hiS )

official caPacitY as Attorney 
)General of Alabama, et a'1.,

Defendants. )

STATE OF ALABAI4A )

) SS.:
COUNTY OF PICKENS)

MAGGIE S. BOZEMAN, being sworn, deposes and says:

1. I am a black citizen of the united states. I am

55 years o1d. I have been a resident of Pickens County, Alabama

since L92g, and have been a school teacher since L947. t have

a B.S. degree from Alabama state col1ege, and a M.A. from the

University of lowa.

2. I have been President of the NAACP in Pickens

County for twenty years and r.ras just re-elected to another term.

I have been involved in voter education and assistance activities



for at least 30 years, ever since I paid $1.50 pol1 tax to

register to vote in 1951. As a result of my civic and civil

rights activities, I was prosecuted for assisting elderly

voters to vote absentee and was convicted by an a1l-white jury

in l97g of "il1ega1 voting" and sentenced to 4 years. In April

1984, a federal judge vacated my conviction on the grounds that

there was insufficient evidence to support the jury verdict.

The State is appeali-ng the decisj-on. In the meantime, I have

served

I have

my

no

sentence and was released from parole in August 1983.

other criminal convictions.

3. prior to my conviction I was a registered voter for

28 years. Since my conviction I was notified by the Pickens

County F.egistrar that I was being dropped from the voting roIls.

I have not voted since L979.

4. On September 25, 1984, I went to the polling place

at Precinct !9, National Guard Armory in AliceviIIe. Several

black voters requested my assistance in helping them fill out

their ballots. I assisted approximately 15 persons from 8:00 a.m.

until 10:45 a.m. There were about 30 polling officials during

this time, including Ted Ezell, SE., the returning officer and

his wife, Mrs. Ted Ezell, sr. Mr. and Mrs. Ezell are white.

Most of the voters in Precinct 19 are black.

5. At approximately I0:45 a.m., Ted Ezell summoned

me while I was assisting a voter. He said, "If you assist this

woman, the ba11ot will not be counted. Do you hear me, Maggj.e?"

He would not allow me to assist any other voters, including those

who specifically requested my help.

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6.AfterMr.Ezellmadethisthreattorneand

pointed his finger at me, he said loud enough for everyone

in the vicinity to hear, "You will not assist anyone else.

I mean for you to get out of here." I asked him why. EIe said,

"you are not supposed to be assisting anyone. You are a

criminal. "

'7. At this point his wj,fe said, "Not just that ballot

should be thrown out, but all the other ballots of the people. she

has assisted at this table." Mrs. Ezell then read off the list

thenumbersofthevotersthatlhadassisted.
S.IaskedMr.Ezelltopleasecomeoutsideofthe

polling place and not to discuss this in the presence of the

voters. He told me, "Just get on out. I mean for you to get out

of here, Maggie." He then followed me untj-I I reached the d'oor,

but he did not leave the polling place'

9. After I left the polling place, I called the Justice

Department to complain. when I returned, Mr. Ezel1 again said

to me: "You are a criminal and you are not supposed to be help-

ing folks. Every person is watching you." In additj-on, Mr.

EzeLl had called the Police.

10. The police officer told me he was asked by !4r.

Ezell to stand by as the voters entered the polling place because

"Maggie Bozernan was giving trouble"'

II. Later in the afternoon, a voter, Earlie B. Jones,

asked me to assj-st hirn. Although Mr. Jones can sign his nalne,

he is unable to read or write. As I tried to accompany Mr'

Jones into the polling place, Mr. Ezell stopped me at the door

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and said,, "I told you you weren't going to assist anyone else."

He then added, "You cannot come in unless a polling official

calls you after a voter specifically identifies you at the

table inside and says you are the person he wants to assist

him." Mr. Ezell then escorted Mr. Jones into the polling place'

L2. When Mr. Jones came out of the polling place, he

said in front of me and llayor Hook, the Mayor of Aliceville,
*I told them I wanted Mrs. Bozeman to help me, but they wouldn't

Come get you." Instead, I1r. Ezel} had selected another person

to help Mr. Jones.

13. I believe the actions of Mr. Ezell and the other

white polling officials intimidated black voters, interfered

with their rights to be assisted by a person of their choice and

prevented some of them from cast.ing their ballots for the candi-

dates of their choice. I believe that the presence of additional

black polling officials, especially black returning officers,

would help give black voters more confidence that they could

be assisted by someone of their choosing and coul-d vote for the

candidates theY want.

Sworn to before me this
JX^ zjf,day of Co-t--l*r, ,

r984.

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CHARLIE HARRIS and MOSE BATIE, )

individually and on behalf of I
all others similarlY situated, '

Plaj.ntif f s, )

) cirrit Action D]o. 84-T-595-Nv.

CHARLES A. GRADDICK, in his )

official capacitY as AttorneY 
)General of Alabama, et o1.,

Defendants. )

IN TIIE

TJNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OE ALABAI\,I4

NORTHERN DIVISION

STATE OF AI,ABAMA )

) SS.:
COIJNTY OF PICKENS)

MAGGIE S. BOZEI'IAN, being sworn, deposes and says:

1. I am a black citizen of the Uni-ted States. I ain

55 years old. I have been a resident of Pickens County, Alabama

since LgZg, and have been a school teacher since L947. T have

a B.S. degree from Alabama state college, and a M.A. from the

University of Iowa.

2. I have been President of the NAACP in Pickens

County for twenty years and was just re-elected to another term.

I have been involved in voter education and assistance activities



for at least 30 years, ever since I paid sI.50 poll tax to

register to vote in 1951. As a result of my civic and civil

rights activities, I was prosecuted fot assisting elderly

voters to vote absentee and was convicted by an all-white jury

in LgTg of "j-lIegal voting" and, sentenced to 4 years. In April

L984, a federal judge vacated my conviction on the grounds that

there was insufficient evidence to support the jury verdict.

The State is appealing the decisj-on. In the meantime, I have

served

I have

my

no

sentence ano was released from parole in August 1983.

other criminal convictions.

3. prior to my conviction I was a registered voter for

28 years. Sj-nce my conviction I was notified by the Pickens

County F.egistrar that I was being dropped from the votj-ng rolls.

I have not voted since L979.

4. On September 25, 1984, I went to the polling place

at Precinct 19, National Guard Armory in A}iceville. Several

black voters requested my assistance in helping them filI out

their ballots. I assisted approximately 15 persons from 8:00 a.m.

until 10:45 a.m. There were about 30 polling officials during

this time, including Ted Ezell, Sf., the returning officer and

his wife, Mrs. Ted Ezell, sr. Mr. and Mrs. EzeII are white.

l,lost of the voters in Precinct 19 are black.

5. At approximately I0:45 a.m., Ted Ezell sunrmoned

me while I was assisting a voter. He said, "If you assist this

woman, the bal}ot will not be counted. Do you hear me, Maggie?"

He would not allow me to assist any other voters, including those

who specifically requested my help.

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6. After Mr. Ezel1 made this threat to rne and

pointed his finger at me, he said loud enough for everyone

in the vicinity to hear, "You will not assist anyone else.

I mean for you to get out of here," I asked him why. Ee said,

',You are not supposed to be assisting anyone. You are a

criminal. "

7. At this point his wife said, "Not just that ballot

should be thrown out, but all the other ballots of the people she

has assisted at this table." Mrs. Ezell then read off the list

the numbers of the voters that I had assisted'

8. I asked Mr. EzeII to please come outside of the

polling place and not to discuss this in the presence of the

voters. ile told ne, "Just get on out. I mean for you to get out

of here, Maggie." He then followed me until I reached the door,

but he did not leave the polling place'

9. After I left the polling place, I called the Justice

Department to complain. hlhen I returned, Mr. Eze}l again said

to me: "You are a crimj-na1 and you are not supposed to be help-

ing folks. Every person is watching you." In addition, Mr.

Eze1l had called the Police.

10. The police officer told me he was asked by l'1r.

Ezell to stand by as t.he voters entered the polling place because

"Maggie Bozernan was giving trouble."

II. Later in the afternoon, a voter, Earli.e B. Jones,

asked me to assist hirn. Although Mr. Jones can sign his nalne,

he is unable to read or write. As I tried to accompany Mr.

Jones into the polli-ng place, ME. Ezell stopped me at the door

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and said, ,'I told you you weren't going to assist anyone else.''

He then add,ed, "You cannot come in unless a polling official

calls you after a voter specifically identifies you at the

table inside and says you are the person he wants to assist

him." Mr. Ezell then escorted Mr. Jones into the polling place'

L2. When Mr. Jones calne out of the polling place, he

said in front of me and Mayor Hook, the Mayor of Aliceville,

.I told them I wanted Mrs. Bozeman to help me, but they wouldn't

come get you." Instead, Mr. EzeLl had selected another Person

to help Mr. Jones.

13. I believe the actions of Mr. EzeII and the other

whir-e polling of fi.cials intimidated black voters, interfered

with their rights to be assisted by a person of their choice and

prevented some of them from casting their ballots for the candi-

dates of their choice. I believe that the presence of additional

black polling officials, especially black returning officers,

would help give black voters nore confidence that they could

be assist.ed by someone of their choosing and could vote for the

candidates theY want.

Sworn to before me this
-+f" Z

-15-day 
of Oot^I*r*, ,

r984.

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