Missouri v. Jenkins Brief of Respondents Kalima Jenkins in Opposition to the Petition

    At-large elections are a good idea. The American people have them
and want them. I think for us to intrude in the name of some problem
to the 15th amendment is unwarranted and indefensible, and personally
I will not accept that. I greatl respect Senator Simpson in terms of his
insight and understanding 0 these issues, but I cannot in good con-
science accept that.

Senator HATCH. Will the Senator yield?

Senator EAST. Yes.

Senator HATCH. You just want to remove the fact of an at-large sys-
tem of government as a factor in finding a violation?

EAST. As a consideration.

0 Senator HATCH. In the absence of your amendment, the lack of pro-
portional representation with an at-large system of government would
violate the new section 2.

Senator EAST. Exactly. I want at-large elections out, period. They
are not evidence of a violation of this section.

Senator HATCH. lVe will see if there is sincerity in not wantin to
overturn at—large election processes that are not expressly designe to
achieve proportional representation——

Senator EAST. Everybody seems to be saying, well, of course not, we
would not want to do that, and then when you present a very concrete
proposal to exempt it, then you get a little backing and a feeling of,
well, you know we would not want to do that. There is nothing like the
law saying what we mean, Mr. Chairman, rather than simply goodwill,
but pious protestations to the contrary, heavens no, we would not mean
that.

Then you say, that is good. Let us put it in the law. When you do that,
you say we would not want to do that. With all due respect to my dis-
tinguished colleagues, we have to fish or cut bait here. Either we mean
it or we do not. We should go on record. That will be good for the courts
and policymaking process in this country. We are deciding it, and there
would not be some blooming court deciding it for us. We are going to
this kind of legislation, and we ought to be clear in what we are domg.

I want to make it precise. We should have some specific standards
in here. I thought everybody was in favor of protecting at-large elec-
tions.

Senator HATCH. Would the Senator yield? I would like to bring
this up. There are probably 12,000, or two—thirds of 18,000 municipali-
ties in the Nation which have adopted at—large systems of election.

In addition, of the 50 largest school boards in the United States, ap-
proximately two-thirds of them use at-large election systems as well.
It is an important issue.

I think the Senator has raised an important and worthwhile amend-
ment. 1 just want to point that out.

Senator HEFLIN. Might the Senator yield for a question?

I notice you use the word “evidence” which precludes the introduc-
tion Whether or not of any evidence, whereas at large it might have
an efl'ect on something else in order to build a factor. You might have
to take evidence of four or five things to produce a factor. The use
of the word “evidence” would preclude any consideration whatsoever.

Is that true? .

Senator EAST. That is true. I feel that, as we have already indicated,
and Senator Hatch has, that the at-large election is a valid concept

 
 

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in our election process, in the democratic political theory in the United
States today, that it deserves to be protected from elimination by col-
lateral matter.

Senator KENNEDY. The language we have included is White v.
Begester language. Senator Simpson in his inquiry basically would
incorporate the White v. Regester holding. Under White v. [a’cgcster
there have been two dozen cases on this issue. If I could have the atten-
tion of the Senator, please. ‘This language is White v. Rages-ten There
have been in excess two dozen cases. The chairman of the subcommittee
is familiar with the record that has been made. In a number of those
circumstances, there has been dismissed—well, I have been listening
time in and time out about good old Boston. It so happens that one of
those cases was brought in Boston and dismissed.

This was prior to the time that blacks were elected to the cit coun-
cil or elected to chairman of the school board, so White v. Izcgestcr
test is the one that is here. It has been cleared by the court. I think to
alter it or change it is a disservice to the at-large election concept. I
would hope it would not be accepted.

The CHAIRMAN. Any further comment?

Senator EAST. I would like to give a response to the question of Sen-
ator Heflin. The at-large election is considered as cvidentiary matter,
but it could not be used as evidence of violation. There might be other
ways that one might introduce it for whatever reasons that I maybe at
the moment could not foresee or he or anyone else. I am simply saying
he could not introduce it as evidence of a violation because then that
implies it ad a racial basis to it. I am contending that the at-large
election do 5 now stand and ought to be allowed to stand on its own

e CHAIRMAN. Any further comment?

Senator DENTON. Just one thing.

The CHAIRMAN. Senator Denton.

Senator DENTON. I do not want to support racist policy. I do not
look with favor upon a city with 49»pcreent black and 51-percent white
having no blacks in their elected officialdom. I think that is deplorable.

We have an exception. I guess, with Mayor Bradley where there is
a majority of whites having elected to what is considered to be the best
man. I am all in favor of that.

The general spirit that concerns me is any indication to people in
States like mine that rather than trying to come up with a truly pro—
gressive plan which tends to eliminate the discrimination in voting
or in the general feeling of discrimination or application of it, that
you have a red flag being waved at them which is counterproductive
to progress in racial relations. I have been in fights in my own home-
town as a kid. They used to throw rocks at black maids wearing white
uniforms waiting for streetcars. I would fight those guys. I have had
my teeth chipped and nose bloodied up about that. But that feeling
is leaving. I just hate to see the progress of its leaving diminished by
a perception that we are slapping in the face those southern cities.
counties. and communities which want to be bettered that way and are
being bettered that way. That is the thing that bothers me about some
of the wording of these things.

Some of my votes are going to be cast. in that mode.