Memo from Alfieri to Greenberg

    t7

MEMORANDUM

To: Jack Greenberg, Seminar in Race and Poverty Law

From: Anthony V. Alfieri

Date: october 27, 1983

Re: Bozeman Voting Riqhts Brief

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I. SECTION L7-23-1 IS UNCONSTITUTIONAL ON ITS FACE BECAUSE

IT FAILS TO UEET THE STRICT STANDARDS OF STATUTORY PRECISION

REQUIRED OF LAWS TIIAT POTENTIALLY OVERREACII FEDERALLY

PROTECTED ACTIVITY.

1. 0n its face, sectlon L7-23-1 prohiblts four categories

of voting-reLated conduct. These categorles lnclude votl.ng more

than once, depositlng rnore than one baLlot for the same offlce'

knowlngly attenpting to vote when not entitled to do sor and

- partlelpatlng in any klnd of 11Lega1 or fraudulent votlng activlty.

2. By deflnltlour the exerclae of the pol1tlc81 franchlse

aad the effectlve provlelon of voter aegl.atance coaatltute Votlag-

related coaduct. Thie conduct ls lnextrlcably llnked to the acta

of po1ltlcal expreBeloa and seeoclatloa. Theae acts are protected

agalust abrldgement uader the Flrat Auendueat. See Shellon 1L

Tucker, 364 U.S. 479, 486 (f960); NAACP v. Alabaua ex rel. Patteraon,

357 U.S. 449,460-61 (1958).

(a) Because of the conceptual 11nk between voLing-related

actlvity and Flrst Amendment freedoms, State acEion whlch Potentially

lnfringes upon the personal exerclse of votlng rights wlL1-, by

logtcal extenslon, PotentialLy lnpinge upon the lndlvldual enjoyuent

of Flrst Amendment freedoms. This potential incursion violates the

established rule barring the PurPoseful or effective use of regula-



tory measures to trstif Le, penalize, or curbrr the exerclge

Anendmeut rights. Loulslana ex reL. Grernl111on v-. NAACP,

of Flrst

366 u. s.

(b) Since Flrst Amendment freedoms ar'e

nerablett as welL as ttsupremely precloustt l-n our

prophylactlc rulest' ln the Flrst Amendment area

293, 297 (1951). See al-so Bates v. City of LLttle Rock, 351 U.S.

516' 523 (1960) (Flrst Amendment freedoms protected against 'rheavy-
handedtt and ttmore subtLett f orms of governmental interf erence).

NAACP v. Butlptq, 37L U.S. 415, 433, 438 (1963).

"del1cate and vu1-

soclety, "Ib]road

are ttguspecttt.

To survlve the

rlgor of heightened Judlclal scrutlny trlggered by this classtfl-

catLon, statutes abutting upon Flrst Amendment, freedoms must be

drawn wlth rr I preclslon t tt and must be ttnarrowl-y t tallored I tt to gerve

legltLmate State obJectlves. Dunn v. Blunstein, 405 U.S. 330,

343 (L972) (citatlons omltted). Ilence, government

the Flrst Amendment area only with ttnarrolr specl

37 L U. S. at 433.

may regulate ln

f 1ctty". Buttolr,

3. Section L7-23-L t"tr"grrtatory statute dlrected at the "evi1"

of voter fraud. It ie eettled that ttthe preveotloa of auch fraud

ls a legitluate aad compelllag goveraueDt goal." .gg, 405 U.S.

at 345. The legltluacy of thls goel derlvee frou the loportaoce

of preaervlog the rtlategrltyrt of the Statc electoral procesa

Coualne v., I{lgoda, 419 U. S. 477 , 49L (1975). Arguably, the State

of Alabaoa, ta prouulgatlog 8ectloa L7-23-1, nay have uadertakeu

to serve thls valld soverelgn interest. In doing sor however,



Alabama has erected a statute so closely borderlng upon protected

spheres of Flrst Amendment llberty that 1t has vlol-ated the "a1l-ow-

able area" of soverelgnty granted to States. Thornhtll v. Alabama,

310 U.S. 88, 97-98 (1939).

(a) Sectlon L7-23-L vlolates the parameters of Alabama's

Legltlnate State Lnterest because its 11tera1 terms contain

. - r',, th€ potentlal f or reachlog aud puolahlug protected Flrat

Ameadmeot coaduct. CourtB wl11 condeua a Btatute aa rrluperulesl.blylt

overbroad 1f 1t perults punlshnent of actlvltynfalrly'wlthln the

protectlou of the Uolted Statee Constltutloa. Florlda Buslneeeuen

for Free Bnterprlee v. State of Plorlda, 499 F. Supp. 346, 353

N.D. Fla. 1980), afftd 673 F.2d 1213 (11th Clr. 1982).

(b) Sectlon L7-23-1 contatns the potentlal for

overreachlag because ltB general language ts nelther preclae Dor
i n.9rrsilu

epeclflc. Thie dual '' A ie best lllustrated by the

phrase rt111ega1 or f rauduleat votlagtt. 0n 1te f acc, thle phrase

cootalns two operatlve terlna: 111ega1 and fraudulent. Although

these terEB repreaent core Etatutory concepts, sectloa 17-23-l

fal1e to lafuee them wlth neaningful eubstantlve cootent. fheir

undeflned quallty glves rlee to the problero of overbreadth.



(c) sectloo Ll-23-r suffere frou real and eubstautlal
overbreadth. Thle overbreadth 1e demonstrated la tro dletlnct
way8. Flrst, the statute Le 8ub8teutla1ly overbroad becauee

baelc Flrst Aueuduent ectlvltles are open to cotrstructloa eg
rtlllegal or frauduleat* votlrlg-related coaducti slace these
actlvltles eacoDpaaa an laflnlte varlety of prlvate as wcll ea

pub1lc forus of "*r.."slon and assoclatlon, the Btatutets potentlal
for lmperrnlselble appllcatlou la vlrtually unbounded. second,

Pv.ergrr De, O.the statute ie subetautlalry overbroad be.cauee li,icrlulnal{+rctttpenalty"Ats algnlflcant ln regard to eeverlty of puniahrneut.
(e.g. luprlson.ent r.n a pealtentlary for not lese thao two uor

more Ehan

5085 (u.S.

fLve years). See New York v. Eerber, 50 U.S.L.W. 5077,

July 2, L982); Kolender v. Lawson, 51 U.S.L.W. 4532,

4534 n.8 (U.s. May 2, 1983).

(d) Furthermore, section L7-23-1 1s fataLly overbroad

because less drastlc alternatlve means of promoting Alabamafs

State interest exist. The axl-om of "1ess drastlc" means flnds

approval among Amerlcan courts. See, gg, Reeves v. McConn,

531 F.2d 377,383 (5th Ctr. 1980); Johnson v. Clty of Opelousas,

558 F.2d 1065, 1071 (5tfr Cir. 1981). According to the dictates

of thls axlom, a State may not pursue lts Legltlnate interests

by adopting a leglslative scheme that "broadly stlfLes" the

exercise of "fundamentalrr personaL Llbertles 1f a ttLess drasticrr

means Ls available to serve those lnterests. Kusper v. Pontikes,

4L4 U.S. 51, 59 1t973); NAACP v. Alabama, 377 U.S. 288, 307-10

(1964). A Less drastLc aLLernaEive means ls available in a trore



artfully drawn statute aimed at a narroer and specifically enumerated

range of unlawful voting-related conduct exclusive of innocent

expression and assoclation.

4. The potentlal lmpact of sectlon L7'23-1 on Protected

sphe!es of, expresslou aad asEocletloa creetea the dangcr of

Flrst Aneadueat chl111ag effect. AppreclatLon of the 'tchll1'l

on prluary coaduct csuoed by t'toleratfai1, fn the area of 81rrt

Ameodueat freedoue, the cxlateEce of a penal atatutetleusceptlblJ

ofnsweeplag and loproperrlappllcatloa, lutton, 371 U.S. at 433r

llea at the heart of the overbreadth doctrlae. Eobbe v. Thonpaoo,

448.8.2d 456, 460 (5ttr Clr. 1971). Eg a18o @'

434 f.2d 933' 936 (5th C1r. I97O)(vice of overbreadrh created by

"ln terrorem" effect on Flrst Amendment conduct). Courts have long

recognized that laws whl.ch are overbroad tend to "chiL1" the exercise

of inportant Flrst Amendment rlghts. Purpl-e Onion, Inc. v. Jackson,

511 F. Supp. L207, L2L9 (N.D. Ga. 1982).

(a) Sectioa 17-23-1 generates a chll1lng effect becauee

Lt haags, llke the sword of Dauocles, over the heada of votera
ae well as lndlvlduals engaged la voter aeelstance, threatenlng
then wlth proeecutton aod puulshneat 1f they partlclpete 1a 1awful

FlrEt Amenduent actlvltles.

(b) Slnce the mere $I3AL of btatute-baEed sanctlon Day

deter the exeretee of Flrst Auendment rlghts almost aB potently

aa the"actualttappllcatlon of sanctlons , Button, 3rL u.s. at 433,

the chl11lng effect generated by the threat of progecutlor aad

punlshment under the statute cinnot be galnsald.



5. The St8te eourts of Alabaua have uot conatrued sectloo

L7-23-l ao aa to cure lt of tqe colstltutloaal lnflrultl of

overbreadth. In fact, the Alabaua courtB have left the etatutctg

key provleloa wholly ldt8ct (i.e.rri11ega1 ot f raudulent votlngtt).

The full exteat of thelr coBatructloB atlouota to the faclle

obeervetlon that courta, where laterpretlng the'phraee trlllegal

or f raudulent votlngtr, may properly rely on the ttremaindertt of

the statute to provide a "clear statement" of proscrlbed conduct.

Wllder v. State,401 So.2d 151, 160 (A1a. Crln. App.), cert. denied,

401 So.2d L67 (A1a. 1981), cert. denled, 454 U.S. 1057 (1982).

(a) The reaalnder of the Btatute doea aot provlde a

t'clear Btateueutrr of prohlblted conduct. The abeeace of auch

atateueat 1s attrlbutable to the uacertaln tneBs rea clerneut

eubedded la the Btatute. Thla ecienter-based uocerteluty stenB

both from the lnconstetent u8e pf language Ln the body of the

statute aad from the aublguoue reeulte of ttie Alabaua Supreue

courtta hlstorlcal efforts to construe the Btatute. .&', g:&.,
I{l1son v. State, 52 A1a. 299 (1875); Gordon v. Srate , 52 A1a.

308 (1875).

(b) Thls uucertalnEy perslats becauee recent Alabaua

court declelona have falled to deterulue whether or not a acleater
regulremeut uay be generally lnp11ed uuder the clrcumEtanceB of
votlDg. E, .4-' Ifllder v. state, 401 so.2d 151 (AIa. crlu. App. ),
cert. denied, 401 so.2d L67 (A1a. 1981), cert. denled, 4s4 u.s.
1057 (1982); Bozemau v. Srare, 401 So.2d L6l (A1a. Crln. App.),
cert. denLed- 401 so.2d 171 (A1a. 1981), cert. denledr 454 u.s.
10s8 (1982).

a



6' Beceuse the Flret Aaendueat rlghta of politlcal expreeelon
and aesoclattoa are lntlnately tled to the exercl,ae of thc polltlcel
fraachlgc aod to the eatenslou of voter aesletance, aectlo1 ll-23-L
1' cueeeptlble of appllcatiou to Flrst Aueuduent freedoae. Thlg
susccptlblllty ls a foru of statutory authorlzatloo cnabllng tbc
state of Alabana to punlah, by crlnlnal 8atrctlon, cotr8tltuElonelly
protected ectl'vlty. The poteDtlel for punl,shnent under sectloa
l7-23-l poeee a real qad eubetantlal threat to the free exeretec
of polltlcaI expreselon and aeaoclatloo. slace the threat of
pualahneat cau8es lndlvlduale to refrala frou eagaglng la politlcal
acts of expre8elon and aasociatlon, sectlon Ll-23-l operatce to
ch11l the exerclse of vltal Flrst Aaeodment rlghte. -gs-g Goodtng

v. Wilson, 405 U.S. 518, 52L (L972)i Lewls v. New Orleans,4L5 U.S.

130, 134 (1974)

section L7-23-L

on lts face.

. Because of this

is impermissibly

statute-lnduced ch1L11ng effect,

overbroad and therefore lnvalid



II. SECTION L7-23-1 IS UNCONSTITUTIONAI AS APPLIED TO PETITIONER

BECAUSE IT OPERATES TO PUNISH THE INNOCENT EXERCISE OF PROTECTED

FIRST AMENDMENT RIGHTS IN THE AREAS OF POLITICAL EXPRESSION

AND ASSOCIATION.

1. Petltloner was lndlcted upon a three count vloLation of

sectlon L7-23-1. The lndlctEent charged petltioner with voting

tl1egaIly ln the DenocratLc Primary Run-Off Electlon of September

26, Lg78. Petitionerts crlmlnal conduct lras alLeged to consist

of votLng more than once as an absentee voter, depositing more

than one absentee ballot for the same office(s) as her vote,

and castlng l11egaL and fraudulent absentee baLlots.

2. The only evldence offered by the State to demonstrate

the i11ega1 nature of petltionerts votl-ng conduct lndicated that

she: (i) plcked up "Ia]pproxlmately 25 to 30 aPPlicatLons"

for absentee ballots from the Clrcult Cl-erkrs office durLng

the week preceding the run-off, Tr. 18; (1i) lras Present wlth

three or four other womeu, who did not lnclude the voters, at

the notarLztng of some absentee ballots which were cast in the

run-off, Tr. 57; (lii) made a telephone call to the notary

"pertalning to balLots r'r Tr. 7 5-77 ; and ( lv) spoke to Prosec_ution

wltness Ms. Sophia Spann about absentee votlng when "lt wasntt

voting tlmer" Tr. 184. Additlonally, there was evldence Presented

to the J ury

as alleged

ln vl-olatlon of petitlonerrs constitutional rlghts'

ln para , that; (v) in the telephone call



described in (1ii), .W.., petltloner had requested the notary

ro notarlze the ba11ots, Tr. 65; (vi) that petitloner alded Ms.

Lou Sommervl11e, wlth Ms. Sommervlllets consent' to f11L out an

appllcatlon for an absentee bal1ot, Tr. 151-L62, 169; and (vlt)

that in an elecEton held prLor to the run-off, petLtloner alded

Ms. SommervLlle, with Ms. Sommervlllels consent' to f111 out an

absentee bal1ot, Tr. L7 3-17 4, 17 6-L77 .

3. The evidence introduced by the State shows that peti-

tloner particLpated ln a 1ocal effort to ald and encourage

dlsabLed, e1der1y, and illlterate blacks to vote by absentee

ba11ot. Because petltloner 1s entltled to the polltlcal enJoyuent

of baslc Flrst Amendment rlghts, her partlcipatlon tn such an

effort constltutes protected actlvlty. Indeed, petltlonerts

partLclpatlon ln the aforementloned voter assistance drlve,

a 1awfuI and cooperatlve form of ttorderly group actlvltytr

dlrected towards the achieveuent of legltlmate political ends,

merely reflects the exerclse of protected First Amendment rights.

See b,, Eton, 37L U.S. at 430. Cf. Coares v. Clncinnati, 402 U.S.

611, 5

tected

15-17 (L97L)(81ack, J., concurrlns)(constltutionalLy pro-

conduct, e. g. assocLatlon or assembly, cannot be a ttcrimett)

(a) Petltloner's conduct 1s protected under the First

Amendment because lt involves the valid exerclse of the freedom

of speech. Thls freedom stands among the "fundamentaL'personaL

rights and llberties secured to all perSons by the I'ourteenth

Amendment agalnst abridgament by a $tate. ThornhlLl, 310 U.S.

at 95 (footnote omltted). See also Cantwell v. Connecttcut,

310 U.S. 296, 303 (1940)(footnote omLtted) (Fourteenth AmendmenE



10

embraces t,he llbertles guaranteed by the First Amendment).

(b) PoLltlcal expresslon represents a unJ.que class of

speech. The survlval of a democratlc po1-ity hinges on the llberty

afforded polttlcal exPression. See. Baggett v. Bu111tt, 377 U.S.

350, 373 n.10; Davls v. Francols, 395 F.2d 730, 735 (5ttr Clr. 1968).

Thls 1lberty, manLf es ted ln the abil-1ty to discuss "Ptrbltcly and

truthfullyoall natters of pub11c concern wlthout "fear" of

subsequent punishment , ls critical to the preservatlon of the

Amerlcan Republlc. Thornh111,310 U.S. at 101-02.

1. Petltlonerrg actions ln obtalning absentee

ballots from the Circult Clerkts office were undertaken innocentLy

Ln f urtherance of a lawful- votl.ng drlve lnvolving the Flrst

Amendment rlghts of po1ltlcal exPresslon and associatlon.

11. Petltlonerrs telephone call to the notary

concernlng the status of absentee ballots constltuted a valld

exerclse of Flrst Amenduent speech-rlghts dlrectly related to

the promotlon of a 1awful votlng drlve.

111. Petltionerts coaversation wlth l'ts. Sophta

Spann concernlng absentee votlug refl-ected a vaIld exercise of

First Amendment speech-rlghts dlrectly related to the Promotlon

of a lawfuL votlng drive.

(c) Petltionerts conduct is Protected under the Flrst

Amendment because it also involves the valid exercise of the

freedom of assembly. The right of free assoclatlon derlves from

thls essential freedom. See Shelton, 364 U.S. at 485; Patterson,

357 U. S, at 460.



11

(d) The "freedom to gather in assoclation for the

purpose of advanclng shared beLlefs 1s protected by the Fourteenth

Amendment from l.nfrlngement by any State.tt @
U.S. v. Wlsconsln, 450 U.S. 107, LzL (1981)1 Le*r.ir,r.eql$"rrrrr*,
366 U.S. at 296. The bellefs sought to be advanced by associatlop

may pertaln to ttpo1ltlcal, economlc, religlous or.culturaL matterstr.

Patterson , 357 U. S. at 460 (citations omltted) . Accord,. ALaddin's'

CastIe, Inc. v. Clty of Mesqulte,630 F.2d L029, 1038 n.13 (5th

Clr. 1 980) .

t. Petitlonerts presence, wlth severaL other

nonabsentee voters, at the notarLzing of absentee ball-ots involved

a vaLld exercise of Fl.rst Amendment associatloo-rlghts dlrectly

related to the advancement of a lawful votlng drive.

11. Petitionerrs efforts to aid Ms. Lou Sommervl.lle

in applying for and ft1llng out au absentee balLot constltuted

a valld exerclse of First Amendment assoclatlon-rlghts dlrectly

related to the advancement of a 1awfu1 votlng drive.

4. Because sectlon L7-23-L may be construed ln a manner that

defines the vaLid assertlon of constltutional rtghts as crimlnal

conduct, iEs appllcation results ln the punishment of indlvlduals

who are gulLty only of engaglng in the fair exerclse of First

Amendment rights. see Davis, 395 E.2d at 735. rt ls well-

establlshed that a State may. not impose artpenaltyttupon ghose

who exerclse a rlght.. guaranteed by the Constitution. Harmon

v. Forssenius, 380 U. S. 528, 540 (1955).



l2

5. The State of Alabamats expressed wlllingness t,o punish

the va1ld personal exerclse of First Amendment rights ls part of

a larger historLcal- practlce aimed at lntlnldatlng and lnterfering

wlth the exerclse of black voting rlghts. See Unlted States v.

Bruce, 353 E.2d 474, 477 (5ttr Cir, 1965). ALthough 'rthreats,

intlmldatlon or coerclon" may adopt a varlety of forms, Unlted

States v. Beaty, 288 F.2d 653, 656 (6th Clr. 1961), "harassmenrrr,

ln Ehe form of basel-ess arrests and prosecutions, ls one of the
llmost effectlve meanstrof lnhibl!1ng a nascent voting drlve.

Unired srares v. McLeod, 385 F.2d 734, 747 (5tfr Clr. L967).

(a) Federal courts are I'not b1lnd'lto the pernictous
l4araltr;ncrrf

effect of State sanctloned A -, whether 1t 1s expressed

1n the form of baseless arrests or unJustlfled prosecuElons,

Unlted States v. Clark, 249 F. Supp. 720,

Judtclal readiness to penetrate the velled purpose of State

arrests and prosecutlons englneered in "bad falth" stems from

upon lndlviduals who are 1-egally seekLng

the recognition that the "lnevltable effect"

sanctioned conduct ls to "severely dlscourage

and coercet'those cltlzens who are seekl-ng or

seek to exercise their fundamental rights. Id

Cox v. State of Loulslana, 348 F.2d 750, 752

to exerclse thelr rlghts.

728 (S.D. A1a. 1965).

of such offlciaJ,ly

, lntimidate, threaten

might otherwlse

. at 728. See aLso

(5th Cir. 1965)

(t'tr'ansparent purpose" of state prosecution aimed at harassnent

of clvl1 rights leader).



13

(b) Slnce there ls no sound Justlficatlon for petl-

tlonerrs arrest, prosecution, or lrnprlsonment, there is no

aLternative but to conclude that the Statets purpose hereLn

was specif1caLJ.y to obstruct petltionerrs efforts at marshallng

an absentee voter drLve and to deter others from Partlclpating

ln lt. See McLeodr 385 F.2d at 743. In reference to deterrence'

lt is dlfflcult to lmagine any foru of concerted St,ate action,

"short of physlcal vlolence", ld. at 740, whlch wouLd have a

Dore chlLllng effect on a voter drive then the prosecution at

bar. In thls regard, courts have taken JudiclaL notlce of the

fact that the'rmental- anguisht'and the "nu.lsance" caused by

mountlng a defense against baseless Prosecutions may very well

deter black voters frou Participating in the electoral Process.

Id. at 7 49-50.

6. Because section L7-23-L readLly lends itself to

harsh and discrloLnatory enforcement agalnst particular

lndlvlduals deemed to merit State dlspleasure, its mere

existence results ln a contlnuous and pervasive restraint

on the personal exercise of Flrst. Amendmen,t freedoms l.n

Alabama. see Thornhlll, 310 u.s. ar 97-98. Thls unconstitu-

tlonal restralnt 1s part of a general chil1lng effect produced

by the.statute. When an overbroad statute lends ltself to

selective enforcement agalnst unpopuLar causes, such an effect

becomes oppressive. See generally Button, 37 L U. S. at 435-36.

In thls respect, section 17-23-1 ltself constitutes a weapon

of oppression.



t4

(a) Petltloner ls the vlctlm of the statutory

oppressLon caused by the appllcation of sectlon L7-23-L.

Her victlmlzatlon stems from her commltment to advancing

black votlng rLghts, a commitment that has engendered the

lntense reaentment and opposltlotr of the po1lttcal1y doml.nant

whlte communlty of Alabama. See Button, 37L U.S. at 435-36.

(b) Hlstorical fact does not permlt us to close our

eyes to the reallty of race-based polltlcaL opposition in the

State of Alabana. More importantly, history does not permlt

us to deny the impact of thl.s opposltlon ln shaping the substaace

and ln manlpulatlng the enforceuent of section 17-23-1. Becaqse

petitloner has been wounded by the overbroad appllcatton of

sectlon L7-23-1, she is entLtLed to constltutional rellef.

In these cLrcumstances, the Constltutlon demands the total

lnvall.datlon of sectlon L7-23-L. Sirnple Justlce demands no less.



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f,clmr 8oody, lla- is one of thor phdes where
tho 'Old South' ir sdll very much aliva, Many
Blccls sey the county "is 25 ycars bchind other
Alebeme counticr."

hot, the winters mild, and the cotton
grows high. In Pickens County, buzz-
ing chain saws and the thunder of
crashing timber can be heard from
Aliceville to Reform. In Carrollton, the
county seat, everything is quiet until
people go into "town" on Saturday.
The fust stop is Carrollton Supermar-

The Gounty Where
For many Blacks, Pickens County,

fCKENS Count-v, Alabama, is ket for the week's groceries, then
sometimes things are needed from the
Carrollton Hardware Store across the
street.

But with a]l ofits similarities to other
Southern cpunties, Pickens County is
still somewhat different. In many
ways, it seems like this counr.v (90
miles southwest of Birmingham) has
been covered by a protective bubble
and thus has escaped the effects of

f much like the typical mral counties
rn the Deep South. The summers are

4
:iJl '-

r:_:: "-:ilEsr..-
'-3

Hlrl. I3OAII

lo dontorr Canoltton, Ua cotrt 3aat there is little activity on thc stects until tbc weekend whcn most pcople do their shopping. The tom is famou for the
mysterlous reappearinS "hc€ in thc courthousc windot " -d to bc thet of a lynched Black men rcused of raping a White woman in IE78.

Allar alFWiitr iuri6 coorictad Mrs. Maggre Bozeman 1left) and !Irs. Julia
Wilder on vote-Faud charges and sentenced them to harsh prison terms,
angw Blacks condueted a I3-day march from Carmllton to Montqomery to
pmtest the rtions.

EBONY . Anoy, 1982

.', +--.ts
:'
J

;
I,,/



the '0ld South' Refuses to Die
Ala., is a painful reflection of the past
Freedom Riders, the civil rights
movement and the host of.civil rights
acts that followed. "It's a- shame, but
very little has changed in Pickens
Countv since 1954," says Willie Davis,
president of the Pickens County
Southern Christian Leaderchip Con-
ference.

Consider these examples:
. In Aliceville, the county's largest

tovm, Black leaders say some Black

cilv workers (mainly sanitation work-
ers) who have been on the job l6and 17
years are paid less than Whites who do
the same job but have been employed
Iess than three years.

. Although Lhere aren't any "Col-
ored" and "White" signs to suggest
segregation, there are separate waiting
rooms for Black and White patients at
one White doctor's ofrce in Carrollton.
Patients say it's "understood" which

BY WALTER LEAVY

waiting room they are to enter.
. Despite the fact that 42 percent of

the county's residents are Black, no
Black candidate has ever won in a
county-wide election. Some Blacks say
they are told by Whites that Blacks
can't vote in certain elections and
many others fear being intimidated by
Whites if they do vote, so they choose
not to go to the polls.

. Mrs. Johnnie Matthews, vice

l monum![toutside the Pickens Comty Court House in Carrollton is dedicated to memory ofveteransofthe Spanish-American War, the World Wm, md
to "thc men who worc the grey." Sherif Louie Coleman denies any racism in Pickens County. "Colored pcople do whatever they want herc," he says.

Itc all-llhitc Plchns Actdomy in Carrollton is the only private school in the county. No Blrcks have sent thcir chi.ldren thcre h-ause "private
only,' they say,

means"White

EBONY . tuby. 1982 Coatinuod oa Ncrf Pogc I45



orcuit Court Judrc Clatrs luniin, who t"*Jl},"Elrffi
ff|;:,,;;1::'",", ji',ITlld:11,.s"1.d,g:1",,r","."r","ail;ffi',i:;;j,i# o,o0"-tbru but srve a White mtlr chafa *-*"lL'*"p.;;;;"#;::rHlniH".:
izd aid to a voter. "p"ri of my sentence was u"""a on u.1*iir,"ii",i ;;,iilt, *r,

u

I
t
a

I
-1

l
{

l"

PICKENS COU NTY coar;n,,.d
president of the pickens Countv.
SCLC, operates the only Blacko*nej
business (a record shop) in downtown
Aliceville. The outspolen civil rlghts
worker says she has been threate"ned
manlz times by Whites who sa;r they
are going to "shut my mouth and .un
me out of downtown."

. In many instances, Btacks are
subjected to arrest if they ,ocialire
with Whites. Such was the 

"o, of J"
young Black men in Reform, Ala-, who
were arrested and charged with ..row-
dyism" while having an integrated
party at a motel. "Whjte folks don't

play that here," says one elderlv
farmer who has lived in pickens
Countv all of his iife.

. Some banks and other businesses
refuse to serve Blacks, especially if
they participate in any form^of p.oieJ
or clemonstration.

^. 
. TL"Ie is only one Black depulv on

Sheriff Iouie Coleman's staff,'bui he
has no authority to arrest anyone.
Bobbv John Windom can't write and
couldn't, pass the necessary examina-
Uons to become a deputy s-herifi, but,
nevertheless, Coleman says he hired
him because hes "a good Loy."

, . D.uring the past few years, there
have been several unsolved mvsteries
involving the deaths and disappear_
ances of Black persons in piciens
County. "The lynching of Blacks has
never stopped in west Alabama, and
Blacks, especially in pickens Cor"rr,
keep their mouths shut because they
don't.want to be next on the lirt," ,"y',
Wendell Paris of the Minority peoples
Council in nearby Sumter Counry.

IES,IITE these situarions, many oflJ which are violations of federal
Iaws, Pickens Counlv didn't receive

Afbr . raio, and. snory tr-oay rir &orn C;Iil;, stonfi_ew, p-,".i-ers carrving placa'ds (at nght) re,ach the ,t.p, ottt 
" 

c"'pitol to demandpardons for the two convicied c*il ;gh; ;;;l;,.;d"themand exten_sion of the lg65 Voting fughts Act.
146

EBONY. Aov, t982



much attention until it was thrust
into the national spotlight when the
county's two top civil rights leaders'
Mrs. Julia Wilder, 70, and Mrs. -

MagSiL Bozeman, 51, were .rccused

of iJte fraud, tried separatelY bY

all-White juries, convicted aod given
harsh prison seotences. Angry Blacla
oroteJted that it was "a political
iynching," "selective prosecution"
and an a:ttempt by Whites to get the
women out of the countY because
they were helPing to bring about
changes that Whites weren't ready t9

"cce[t. 
The convictions so eoraged

Blac}s that their Pent-uP frustrations
exploded and gave birth to a 13-daY,

l6Gmile, Carrollton-to-Moutgomery
orotest.march that swelled to 4,000
By the time the Procession reached
the marble stePs of Alabama's
Capitol on Februarf 18- "This'was
ool, the besinning of the nero civil
riglts moveirent,"-says the leader of
thl march, the Rev. JosePh LowerY,
president of the SCLC.- While Drotesters demanded the
release of^Mtt. Wilden president of
the Pickens CountY Voters League'
and Mrs. Bozeman, President of the

In: [llr Camror. (left),
who bas ruo for CitY
Couocil io Aliceville
tsicc and lost, says' 'I
brven't hed aay real
problemr with White
folk hcra.' But Matth6r'r
Music Centcr owner
Mr:. John^ic Matthcrys
savs Whites thrcatcoed
to "shut my mouth" and
closc thc doon of oolY
doguorvn Blackowned
busincss.

Pickens County NAACP, the women
were hoping for Pardons from the
elabami Board of Pardons and
Paroles. The charges against them
stemmed from their efforts to helP
elderly and illiterate Blacks cast ab-
sentee ballots during the 1978

Democratic primary nrnoff election.
Pickens CountY District AttorneY
Presley Johnstoo, who describes
Mrs. Bozeman as "a divisive force in
the Black communitY," saYs the
women cast absentee ballots for 39

elderly Blacks without their permis-
sion. 'The women collected absentee

ballot applications from the County
Elections Commission and used cen-
tral ad&esses for mailing them," the
prosecutor says. "After they were all'
notarized by the same Person (who
didn't witness the signatures), they
left the ballots with the CountY
Elections Commission. Each ballot
had the same candidate preference."

However, on election daY, Mrs'
Sophie Spann, whose name was on one
of the balots in question, showed up at
the polls to vote and insisted that she

had not signed an absentee ballot.
After unlocking the bdlot box and
E"ding Mrs. Spann's narne on a bdlot,
Mrs. Wilder and Mrs. Bozeman were
arrested, charged and indicted on one
count of vote tsaud. Later' at the trial,
both insisted they were innocent and
chose not to testi$. Meanwhile, 12 of
the prosecution's 13 witnesses said

they asked the women to helP them
cast absentee ballbts, but Mrs. Spann
(79 years old at the time) said she didn't
rmrember sigrring an absentee bdlot.
So, despite several questions con-
cerning the soundness of the case, the
all-White juries voted for convictions
and sentenced Mrs. Wilder to five
vears in Drison (the maximum) and
'.Vts. Boze*an to four Years. Under
Alabama law, the juries set the sen-

tence. They could have sentenced
them to Prison terms ranging from wo
to five years instead of to the maxi-

nre' 1l-............Ttirr\"-5! --,!I tsItGElt.-.'
in ncighboring Gru"o" Co*tyJ-b"t" Court Judge Wi[issr M. Braoch (t') and Sheriff Thomas

CifiJr" p"* 
""t"ia" 

tl. tU"iifr om". io Soa*, tble couoty.teat. Unlike Pickeos Couoty, Blacls Ell

mum.
Immediately after the trial' the

women s attorney, Solomon SeaY ]r.'
filed for an appeal, but the cpnvictions
were upheldby the all-lVhite Alabama

Court ofeppsals sven though the jus-
tices wrote that "the testimony was

both con-firsing and conflicting." The
state Supreme Court refused to review
the case, as did the U.S. SuPreme

Court in November' So, in one last

attempt to keeP the women out of
prison, Seay asked Circuit Court Jtrdge
Chtus ]unkin, who heard the cases, to

set aside the sentences and place his

Continurd oa Norl Poge 147
all of Grine Coung's elected positioos excePt ooe judgeship'

EBONY . lvtoy, 1982



llrt13t le6rdr, priocipel of Albovillc High ftbool 61 6urycan, seys, 'Thcrc'r a lot to bc decirGd bcrc (Phkcns CouatY), Wc're crrtainly aot whcrc wc

""Ot 
J U.-; eia Ctryt Sl"ir, 

" 
loogUino SCIJ ocobcr, sayr bhkt hsyc bGGa intimidrtcd by whitcs aod 'arc a$eid to rock thc bost.-

PICKENS COUNTY c*tiauod

clients on probation'. Irogically, it was

Junkin who sat at Mrs. Wilder's
kitchen table and showed her hovr to
ftll out absentee ballots when she and
Mrs. Bqzemrn were supporting hll
r+election in 1976, but he refused le-
niency ([unkinhad earlier sentenced a
White police chief in Haleyville, AIa-,
to six montbs on a charge of unau-
thorized aid to a rroter and then sus-
pended the sentence). The wometr
were whisked to Tutwiler State Prison
for Women in Wehrmpka, ela., in Jap-
uary. Howeve4 a.fter only lL days b6-
hind prircn qralls, Alabama Gov. For-
rest (Fob) James intervened and Mrs.
Wilder and Mrs. Bozeman were
plrced 1o ,1 usus 'ol work release pro-
gram. The procedure gave Macon
County Sheriff Lucius A.urerson (Erst

Black sheriffafter Recpnstruction) cus-
tody of the women, who are doing
public service work and living with a
longtime Fieud in Tuskegee, Ala At
uo time are they locked up.

FVEN thoueh the abseoce of Mrs.
E wla.r *i vtt. Bozeman is evi-
dent, life go€s on iq thic slorr-paced
county where Black PeoPle in
Aliceville, Carrollton, Pickensville,
Reforrr and otter Pickens CountY
towns.are just like nunerous others
who live in rural areas throughout the
South. Some live io modest homes
near town, but the dusty back roads are
decorated with sh"cks and shanties
that are barely standing. Workdays
usudly begin at sunrise aod end at sun-

r48

set. And, aftera long day of hauling
timber.or worhng in soybean or cotton
ffelds, many spend the evening relax-
ing on their porches - enjoying the
bench-like swiug and exchanging
stories while smoke &om a smoldering
ffre in a.rashtrab or brrcket srirls into
the air to keep mosquitoes awaY. If
they don't go to church for Prai,er
meeting they are usually in bed before
10 p.m., and like cloclovork, their daily
.outines besn all oyer again right after
the next &y's sun ieeks over the hori-
?[trl..

For most of the 2f,00O PeoPle in
Pickens County, this is how they've
lived much of their lives - by certain
nrles and feaftl ofchange. It has been
more thau difficult for young civil
rigbts workers to persuade older
Blacls to exercise some of their rights

flike voting) or figbt for those rigbts
they are being denied. "Black people
here have been intimidated by Whites
who tfueaten to deny them certain
senrices if they get out of line," says

Cheryl Blair, a longtime SCLC
member who has worked side-by-side
witi Mrs. Wilder and Mrs. Bozeman'
'Blacl$ in Pickens County aren't re-
bellious people, and many of those
who have lived here a long time are

scared to buck the system."
Despite tbe 6ct that Blacls continue

to cry that tiere's a conspiracy to keep
the counlv in the hands of White
elected officials, many Whites are
quick to say it's not true. 'There's uo
conspiracy," District Attorney John-

ston says flatly. And SheriffColeman,
who has a picture of former Alabama
Gov. George Wallace on the wall be-
hind his desk, says: 'There's no racism
here. I got all kinds of colored friends

-good 
Fiends. Colored people come

and go as they please, and even the
voting is open to them."

Whether there's a conspiracy or not,
Pickens County has lagged &r behind
it's sister counties just a few miles
down the road. In Greeoe, Sumter,
l.owndes, Wilcox and Perry counties,
Black elected ofrcials are in the major-
ity. But it will be difrcuit to elect a
Black county officid in Pickens County
as long as there's an atJarge voting
system (where candidates nrn county
wide), instead of electoral districts in
which a candidate is chosen by voters
in the disrict only. with 12,873 regis-
tered White voters and only 4,429
registered Black voters, Whites can
cpntrol tho crounty-wide system. Some-
Black leaders say Wbites have even
gone to the extent of giving Black
people hasrs and turkeys in exchange
for agreeing to stay away from the polls
on elecdon day. ".{,s long as actions like
these cpntinue, Blacks will never move
forward in this coungv," says Mrs. Mat-
thews of the SCLC.

ln many ways, Alabama's Pickens
County has somehow managed not to
move into the 1980s, the '70s or even
the mid-6os. Whites seem to be satis-
fted, but most of the Blacks feel like
they are living in "one of the last pock-
erc of the Old South."

EBONY . t/p,y, 1982