Turner v. Fouche Appellants' Brief in Opposition to Appellees' Motions to Dismiss or Affirm

    a

. IN THE
SUPRH'IE COURT OF THE

October Te:m,
UNITED STATTS

L982

No. 82-L295
A939

HENRY T. McMILLAN, €t qI.,
Appellees,

v.

ESCAI'{BIA COUNTY, FLORIDA, et al.,

Appellants.

OPPOSITION TO APPLICATION FOR STAY OF
OF JUDGMENT IN THE I.INITED STATES COURT

FOR THE FIFTH CIRCUIT

ENFORCM{ENT
OF APPEALS

Plaintiffs-Appellees Henry T. McMillan, €t ar., through

their undersigned counsel herewith oppose the Application for
stay of EnforcemenE of Judgment of the united states court of
Appeals for rhe Fifth circuit, filed on or abouE May 18, 19g3,

by the Defendants-Appellants Escambia county, Florida, et sl.,
and urge that alr of the rerief sought in said Application be

denied. As grounds for rhe opposition,.plaintiffs-apperlees
would show as follows:

I. The appellants' Application requests extensive relief
from this court. The appellanrs request the following relief:

a. Stay of the judgmenr of the Fifth Circuit;
b. Stay of rhe March ll, 1983 order of Ehe district

court;

c. An order that elections be conducted under the

at-large system, pursuant to the schedule adopted by the

district court in its March ll, 1983 order;

Q,r,.ll- lLr-L C76l*,rf*:, 
f *f S- zL- g3



'\

I

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d. An order that the at-large elections utilize
residency districts as adopted by the appellants December

22, 1981; and,

e. Failing such relidf, appellants seek a stay of
all elections.

' 2. Appellees contend that this extensive affirmative
relief requested by the appellants is presented in a pro-

cedurally inappropriate manner, calls for this Court to make

factual determinations of first impression and is, as a matter

of substantive law, erroneous.

3. The heart of the relief requested by the appellants

is that Ehe March 11, 1983, order of the district court be

stayed in part and modified in part to provide for at-Iarge
elections. An appeal of the March II, 1983, order is in the

United States Court of Appeals for the Eleventh Circuit
(No. 83-3275, docketed April 27, 1983). The requesr for a

stay and change of the district court's order has not been

presented to either the district court or to the Court of

Appeals and violates U.S. Sup. Ct. Rule 44 and Rule 18, F.R.A.p.

4. The district courtrs March 11, f983 order, which is
not before this Court for review, renders moot the remedy

issue in the instant appeal. The question presented in the

Jurisdictional SLatement is whether the district court erred

in adopting a courE-ordered single-member district plan instead

of giving legislative deference to Ehe county commissioners'

mixed plan. The Court of Appeals affirmed, relying on l.Iise

v. Lipscomb, 437 U.S. 535 (1978). However, on remand Ehe

district court has held that the same mixed at-Iarge and single-
member disrrict plan, submitted anew by the county conrnission,

violates boEh the u.S. ConstiEution and the amended Section 2

of the Voting Rights Act. Order of Mar. 11, f983, Bt I0, L2,

1



13, 24, 2L, n.L/ In lighr of this post-appeal ruling, the

wise v. Lipscomb issue is now moot. The rernand order is
now pending review in the Court of Appeals.

5. Presentation of this matter to the district court

which entered the order is especially appropriate in this
case where complex matters of substantial public importance

are presented. Appellants facilely ask that this Court change

the scheduled erections from district to at-large. But elec-
tion schedures, campaigns and candidates cannot so easily be

changed. Over 30 candidates have either qualified or announced

their intent to qualify, have begun campaigns, have raised funds

and have purchased adverEising. The attached affidavits from

a number of candidates and from election officials indicaEe

that it may not be reasonable to order at-Iarge elections under

the September election schedule. This is a matter of substan-

tial factual dependency and, especially because of its pubric

importance, should not be decided wirhout a full evidentiary
record.

6 - The appellants ask this court to approve the residency
districts which they adopted on December 22, r98l. This is a

matter of first impression. No court has ever considered the

lawfulness or constitutionality of these residency districts.
An election plan for at-large elections utilizing these resi-
dency districts, though once presented to the district court
(l"lemorandum opinion, p.3), was later withdrawn before the

district court could consider the plan in any way. (I,lemorandr:m

opinion , p.L2.) Thus, even the district court has never con-

sidered the residency districts which the appellants ask this
Court to adopt.

l/ The district court also
sioneis' 7-member plan violated
stitution, which specifies five
1983, dt l0-ll, ?3.

founci that the county conrnis-
che policy of the Florida Con-
members. Order of Mar. 11,



7. The mechanics, timing, and schedulihg of elections

is factually conplex. These matters sirnply cannot and should

noE bd considered by this Court in the first instance. For

example, unmentioned in the application for stay are the

severe problems which would be occasioned to candidates who

seek to qualify by way of a petition if elections were held
_ 2tat-Iarge.=' Seventeen (17) of the thirty-two (jZ1 candidates

seek ballot access by means of petition. Changing the election

to at-large would increase five-fold the number of signatures

for qualification. With the deadline for submission of peti-

tions on June 13, the attached affidavits suggest most of those

candidates would not be able to qualify. It would leave only

Ewo incumbents in district 2, one candidate in district 3, and

two candidates in district 4. It would reduce the appellants'

political opposition by almost 707". The substantial amounts

of time and money already invested in the campaign of the peti-

tion candidates, and perhaps those of some fee-paying candidates

as well, would be lost irrevocably. These are only examples of

the factual intricacies that must be considered before elections

are changed.

B. The application erroneously complains that the

district court imposed "a court ordered apportionmenE plan

gerrymandering the county conrnissioners' districts to assure

blacks proportional representation" (AppIication, p.3) . The

district court rej ected that argunent as .being "absurd" "under

the factual situation in this case." (Order, Mar. lI, 1983,

pp. 2L-22.) Still applicable in this case is the original

pre-triaI stipulation entered into by the parties which pro-

vided, inter aIia, &s follows:

2l Ir
Iants seeks
AII of the
ment is 37"

should be noted that none of the incumbent appel-
to gain ballot access through the petition route.

incumbents seek re-election. The petition require-
of the registered voters of the party in the district

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7, It is stipulated aE the
pre-trial conference as follows l
a fairly constructed single-
member district system for the
election of Escambia County
Commissioners and Escambia
County School Board members
would produce one black
majority county conrnission
and school board district
each out of five. (Pre=trial
Order May L2, L978, p.2.)

Thus, only the appellants' plan, which had no majority black

district, was unfair and gerrymandered. The district court

correctly rej ected it.

9. The application for stay does not allege that the

appellants will suffer irreparable injury if the stay is not

granted. Indeed, none can be alleged because the incumbent

Escambia County Commissioners have already served well beyond

the Eerms for which they were elected. Should district elec-

tions proceed and this Court later reverse the judgment below,

a return to at-large elections could be accomplished simply

and without confusion by an appropriate order of the district

court. No change in the form of government is involved in

the instant case. The executive and administrative functions

of Escambia County's government will suffer no disruption by

a change in the method of electing commissioners.

10. The class of black voters, on the other hand, will

suffer irreparable injury to their federally protected voting
"\, /

rights:' so long as commissioners serve who were elected

under a racially discriminatory apportionmenE plan. Never in

history have blacks or black supported candidates gained

election to the Escambia County Cornrnission. They should not

be required to wait longer for the vindication of Lheir

constitutional rights .

lf. The application for stay does not allege that the

3/ The discrict court has held that the at-Iarge system
violaEes Seccion 2 of the Voting Righrs AcL, 42 U.S.C. S1973,
and che fourEeenth and fifteenth amendments.

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public interest will b.e injured if the stay is not granted.

To the contrary, BD imporEant public interest is injured so

long as the citizens of Escambia County are denied the

opportunity to select their 
"orrnty 

commissioners through the

democratic process. See Moore v. Brown, 49 U.S.L.W. 3L62,

3f63 (Sept. 5, 19B0) (Powell, J.,denying stay of elections).
No elections for county commissioners have been held since

f978. Commissioners were originally elected to four-year

staggered terms. AII of che incumbent connnissioners are

serving beyond their elected terms of office. Some of the

terms expired in f980, and are therefore three years beyond

their normal te::rrination. Staying these elections, in
Justice Powell's words, would be an "unacceptable" alterna-

/, Itive. j' Id.

J-2. Perhaps because appellants recognize that this

Court will not be inclined to stay elections altogether, the

County Commissioners urge this Court to enter an affirmative

injunction ordering immediate elections, pursuant to an

at-large plan. Appellees contend that the further use of

aE-large elections would be unjust and inequitable. Because

there is an ouEstanding judgment that the at-large election

system is unconstitutional, a judgment that has been subjecEed

to proLracted and careful appellate review, the status quo

is no longer the state law plan, but the court-ordered remedial

plan. See }loore v. Brown, supra, 49 U.S.L.I.l. at 3L62.

13. The lengthy stay of elections entered by the Court

of Appeals at the request of these appellants has caused con-

siderable community discontent. As noted above, this litiga-

tion has already perpetuated the incumbents in office far

beyond their legal terms of office and has denied the citizens

t/ The affidavit of Phil Waltrip is especially descriptive
of rhe injury suffered by candidates and votLrs in Escambia-
CounEy since f 980 because of the "or1-argain, of f -again" nature
of county commission elections. The suggested alrernative iseven more "unacceptable" here where two iegularly scheduledelections (1980-82) have been missed than it was- in Brown v.Moore, where no elections had been urissecl .

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of Escambia county, both black and white,. tHeir right to
vote. This court shouldnote that the court of Appeals

expedited its post-Rogers decision on rehearing in order to
facilitate speedy interim erec'tions in Escambia county.

In fact, the CourE of Appeals cited the need for prompt

disposition as its reason for decrining to consider the

additional, statutory ground under Section 2 of the Voting

Rights Act, relied on by the district court in support of
its judgment. Furthermore, there has been substantial com-

munity satisfaction with disErict electio.rr.l/ The Escambia

County school Board has for four years conducted elections

from districts, and even a former incumbent School Board member

and defendant in that litigation, among others, concedes sub-

stantial cormrunity satisfaction. See Gindl, affidavit, Appendix,

pp. 4'5. on May r0, 1983, rhe city of Pensacora conducted dis-
trict elections for the first time since the mid 1950's. The

city experienced a far higher voter participation and turnout
than it had seen in more than twenty years. See affidavit of
Mr. Joe Oldmixon, Supervisor of Elections, Appendix, pp. L.2.
The comn'runity has accepted, even enthusiasticarly, district
elections. only the incumbent county commissioners express

displeasure with the concept. Appellees suggest that their
own self interesE in preserving their incumbency is paramount

in their minds. The erections have been stayed for too rong,

and this court should not further delay the ciEizens, right
to vote.

For the foregoing reasons this court shourd deny the

Appellants' Application for stay of the judgments of the

Fifth circuit court of Appeals and the DisErict court for
the Northern District of Florida, and refuse to modify the
judgment of the district court.

2/ E.g., see attached editorial from the Pensacola
Appendix, p.35.[er{s, Apri1, 1983,

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tgg3. 

Respectfullv submitted this /#or, ", 
h,

B!4CKSHER, MENEFEE & STEIN, P.A.
405 Van Antwerp Bldg
P. O. Box 1051
Mobile, Alabama 36633
(20s) 433-2000

EDWARD STILL
REEVES & STILL
Suite 400, Connnerce Center
Birmingham, Alabama 35203(20s) 322-6631

KENT SPRIGGS
LL7 S. Marrin Luther King Jr. Blvd.
Tallahassee, Florida 3230L(904) 224-8700

JACK GREENBERG
NAPOLEON B. WILLIA},IS, JT.
LEGAL DEFENSE FiIND
Suite 2030
l0 Columbus Circle
New York, New York f0019
(2L2) s86-8397

CERTIFICATE OF SERVICE

r do hereby certify rhar on thi, A#!", .rT-{-r-,
1983, a copy of the foregoing OPPoSITION TO APPLICATION FOR STAY

OF ENFORCEMENT OF JUDGMENT IN THE UNITED STATES COURT OF APPEALS

FoR THE FrFTH crRCUrr was served upon counser of record,

Thomas R. Santurri, Escambia County Attorney, 28 West Government

street, Pensacola, Florida 3250r, by depositing same in the

united states mail, postage prepaid, and upon charles b. Rhyne

and Thomas D. silverstein, Rhyne & Rhyne, 1000 connecticut

Avenue, N.W., Suice 800, Washington, D.C. 20036 by Federal

Express service.

MENEFEE

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82-L295

A939

IN TH.U
SI.'PREME COI.IRT OF THE UNITED STATES

OCTOBER TERM, L982

ESCAI'IBIA COUNTY, FLORIDA, ET AL.,

AppellanEs.

V.

HENRY T. MCMILLAN, ET AL.,

Appellees.

APPEAL FROM THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT

4TgEUPII

N0.

ON



No.82-L295

A939

IN THE
SUPREIT,IE COURT OF THE UNITED STATES

ocroBER TERM, L982

ESCAII,IBIA COUNTY, FLORIDA,

V.

et al. ,
Appellants,

ON

tiENRY T. MCIvIILLAN, €t aI.,
AppeIlees.

OFAPPEAL FROM
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAMBIA

JOE OLDMIXON, being duly slrorn, deposes and says as follows:

1. My name is JOE OLDMIXON and I am the supervisor of elections
'f or Escambia County, Florida. I have held this off ice for thirty
( 30 ) years.

2. As of tr,Iay 18, 1983, thirty-two (32) candidates have

prefiled for election to the office of county commissioner for

Escambia County, FIorida. Of this number seventeen (17 )

candidates indicate that they will qualify by use of the petition

method. The petition method requires that a candidate obtain

three percent of the registered voters of the party in the

district which they seek nomination. These signatures must be

filed by noon June 13, 1983 for all candidates seeking nomination

from a political party. Any candidate seeking election as an

Independent must obtain signatures of three percent of a+l voters
reg i s tered in the district and such signatures must be fited with

my office by July 26, 1983.

3. If the scheduled elections were now changed to at-large I
believe that it would be virtually impossible for candidates to
qualify by the petition method

4. The goal of my office is to see that fair and orderly

elections are conducted in conformance with the applicable Iaw.

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AFFIDAVIT
PAGE 2

I bel i eve that a change i n the form of .elections at this time

will add further confusion to these already delayed elections.

5. For several years we have had experience with conducting

elections from single-member districts for various governmental

offices. There is a growing public acceptance wi'th the idea of

elections from single-member districts. Recent elections for the

Pensacola City Council were conducted for the first time from

single-member districts. We recorded one of the highest voter

turnouts in the recent history of city elections and had turnout

rates almost twice as high recorded in city elections in recent

years.

6. Because there

commission since l97B

district there is an

scheduled elections.

Sworn to and subscribed bet

have not been any elections for county

and because of the change to single-member

exceptionally high interest in the presently

JOE OLD

e me rhis/tn- aaf "r May, re83.

My commi ss ion expi res : |.4Y collMlssioi\l tx?IRES ,uLY lz
,-.

1e85

Notatf.. PubI ic
State'nif Florida at Large

-2-



THE $pHOOL DTSTRTCT OF ESCAMBTA COUNTY
215 WEST GARDEN STBEET
POST 9rFrCE 8OX 1470 ,

pENS{f,qLA, FLORTOA 32se7 . eo4l432-9.t?1

.ran;fii w sroKES, suPERrNrENoENr

AFFI DAV IT

STATI OF FLORIDA
EscAl{plA c0uNTY

MY NAI'IF IS CHARLIS I^I. STOKES, AND I AM THE SUPERINTENDENT OF EDUCATION

rN E$CAI,IBIA COuNTy, rLORr0A. I HAVE REVTEWED THE RECoRDS rN My qUSToDy

nno {[EY REFLECT THAT 0N r'l0NDAy, FlAy 16, ]983, THE B0ARD 0F EDUCATToN

ADOPTED A RESOLUTION TO CHANGE TIIE ELECTiON DISTRICTING FOR THE SCHOOL
,.1

BoARD Tq C0NroRir T0 THE COUitTy Coi\lt4iSSI0t{ ELECTT0N DiSTRTCTS AS

coNT/llllEp rN THE |'IARCH il, 1983, oRDER 0F THE UNITED STATES DISTRICT

COURT,

Before me th'is day personally appeared GHARLES w. STOKES, who sweqrs

tirat the foregoin'g is a true and correct statement.

Sr,rorn to a'n'd' sub'scliih'ed before

l,!.y' ,.:ommi st*i iH exp'i ies :

,,..'rlay ,rl'iir.., sirlE :ir rr,.,,,,:a'ri uacr
i:r crlr,urrssjoi,i'txlle:s r,u,.l r; 19g3

-3-

me th'i,s 23rd day of May, l9g3

,l^y



T

No. 82-1295

A93 9

IN THE
SUPREI\4B COURT OF THE UNITED STATES

ocroBER TERM, L9g2

ESCAI'{BIA COUNTY, FLORIDA, et

v.

dI. ,
AppeIlants,

ITENRY T. MCI,IILLAN, €t dI.,
Appellees.

ON APPEAL FROM
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

OF

AFFIDAVTT

STATE OF FLORIDA
COUNTY OF ESCAMBIA

PETER R. GINDL, being duly
follows:

sworn, deposes and says as

I . I,,ly name i s PETER R. GrNDL and r am a cand idate for the

Escambia County, FIorida, Commission District 5.

2. I prefiled on March 17, 1983, and wiII gualify by payment of
the qualifying fee. I previously prefiled when elections were

schecluled in 1980. Those elections were stayed by the court. r
was a school commissioner for twenty (20) years.

3. I have delayed making commitmenLs for advertising and other
similar expendit.ures of f unds due to 'the uncertainty of the

present elections. I have been able to delay these de.cisions
because of my experience in public office and name recognition.
l'1any of my opponents have arready praced bi rrboards and

Iiterature throughout the district. If elections were changed to

.\i '..\'.i,i' I r':-it irnate that a serious campaign cou ld cos t f our ( 4 )



-.rff
:,'.

';,o

AFTIDAVIT
PAGE 2

to six (6) times the cost of a*district campaign.4. The voters

in my district desire elections from single member,districts and

a chapge to at-large elections would create substantial confusion.

The overwhelming majority of voters in my district strongly

desire elections to be held immediately. They feel like their

constitutional rights have been violated by the stay of elections.

Some voters have indicated that if they cannot vote they do not

wish to pay taxes.

Sworn to and subs cr i bed
R.
or me

PETER GINDL
of May, 1

I8, 1984.

drnton, Motary Pub lc
State of Florida at Large
Ivly commission expires FebruarY

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_{r-BlEi

t

o

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No. 82-L295

A939

IN THE
SUPREI'IE COURT OF THE UNITED STATES

OCTOBER TERM, L982

ESCAI'IBIA COUNTY, FLORIDA, Qt

v.

aI. ,
Appellants,

HENRY T. MCI4ILLAN, €t a1 . ,
Appellees.

OFON

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAMBIA

RICHARD C. COFFEY, being duly sworn, deposes and says as

follows:

l. My name is RICHARD C. COFFEY and I am a candidate for the

Escambia County, FIorida, Commission District I.

2. I plan to gain batlot access by use of the petition method.

I have gathered approximately one hundred and twenty (120)

signatures at this time. If elections were changed to at-1arge

i t wou I d be virtually imposs ible to gather the required

signatures by the June I3th deadline.

3. I prefiled on May 16, 1983, and because of the uncertainty

surrounding the elections have attempted to delay making

commitments for advertising and other similar expenditures. I

wi11 have to make such commitments within the next two (2) weeks

at the Iatest in order to run a serious campaign.

APPEAL FROM
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

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AFFIDAVIT
PAGE 2

4. fn canvassing voters to gather signatures for my petition the

overwhelming concern of the voters is that elections be held this
fall.as presently scheduled. I and the voters in my district
feel the elections have been delayed far too long.

Sworn to and subscr

RICHARD C.

ibed before

coFFEY - , (/
me this i}luv or May, tea3.

r. Bob M. Thornton, Notary eu 1C
State of Florida at Large
My commission expires February r8, 1984.

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o

No. 82-L295

A939

IN THE
SUPREI'IE COURT OF THE UNITED STATES

OCTOBER TERM, L982

ESCAMBIA COUNTY,

HENRY T.

FLORIDA, €t

V.

aI. ,
AppeIlants,

MCMILLAN, €t d1.,
Appellees.

OFON APPEAL FROI"I
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAMBIA

l"lAx LEE DICKSON, being duly sworn, deposes and says as

follows:

1. My name is MAX LEE DICKSON and I am a candidate for the

Escambia County, Florida, Commission District 4.

2. I wiII qualify for ballot access by paying the qualifying

fee. I have already printed hand cards, bumper stickers, yard

signs, and have reserved bill boards. We are in the process of
rais ing funds and organi z ing campaign workers. A change to
at-Iarge elections wiIl completely change my strategy of
campaigning causing a shift to more electronic media and less

person to person type approach. This would be at least four (4)

or five (5) times as costly as my present campaign.

3. One of the reasons I did not use the petition method was a

fear that elections may change and efforts to gain signatures

would be wasted. I have been fairly successful. in raising funds

-8-



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AFFIDAVIT
PAGE 2

to run a campaign on a distrfct basis, but additional fund

raising wourd be necessary if the erections dre changed to
at-Iarge.

4. We have not had elections since 1979 and

elections now.

we need to have

l,1A LEE DICKSON

Sworn to and subscribed before me this ?tlday or May, re83

. Bob M. Thornton, Notary FuEITE
State of Florida at Large
My commission expires February Ig, I994.

-9-



4

t

I

No. 82-L295

A939

IN THE
SUPREI"IB COURT OF THE UNITED STATES

OCT',OBER TER|4, L982

ESCAI,IBIA COUNTY, FLORIDA, €t

v.

al. ,
Appellants,

HENRY T. MCI.4ILLAN, €t ErI.,
AppeIIees.

ON APPEAL FROM
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

OF

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAMBIA

BURNETT TAYLoR, being dury sworn, deposes and says as

follows:

1 . My name i s BUITNETT TAYLOR and I am a candidate for the
Escambia County, Florida, Commission District 3.

2. r have arready quarified for barlot access by the petition
meLhod. rf erections were changed to at-large it would be

impossibre to gather the required signatures by June 13th.

3. r have printed cardsr lettered some signs and spent
considerable t.ime and money organizing my campaign. rf elections
were changed to at-Iarge my efforts to date would be totally
wasted and a1r of this wourd have to be redone. tr feel so

strongly that representation has been inadequate that I would
p r ob a bry be a candidate regardless of how elections hrere

conducted but at-Iarge elections would cause me to make a serious
re-evaluation of my candidacy. r believe the large majority of

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- o --rr
I

',iv'l

AFFIDAVIT
PAGE 2

the candidates seeking balIot" access by means of the petition

method would be forced out of the campaign if the election was

changed to at-large.

4. If elections are stayed again we wiII continue to be taxed

without representation. The City of Pensacola and the county

school board have settled their litigation and this has been

accepted by the people. AII the incumbents are doing is trying
to maintain themselves in office at a big expense to the people.

We want elections now.

BURNETT TAYLOR
Sworn to and subscribed fore me this day of May,1983.

I
r. Bob M. Thornton, Notary public

State of Florida at Large
I"ly commission expires February 18, 1984.



o

No. 82-L295

A939

IN THE
SUPREI,IE COURT OF THE UNITED STATES

OCTOBER TERI"I , L982

ESCAI,IBIA COUNTY, FLORIDA, et

v.

al. ,
Appellants,

HENRY T. MCIVIILLAN, €t aI. ,
AppeIlees.

OF

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAI"IBIA

SCHMADES S. CORRIVEAU, being duly sworn, deposes and says as

follows:

1. l'1y name is SCHI,IADES S. CORRIVEAU and I am a candidate for the

Escambia County, Florida, Commission District 2.

2. I gualified on May 18, I983, by the petition method. It
would be a distinct hardship to obtain the needed additional

signatures to gualify for an at-large ballot position. I would

have to have approximately five ( 5 ) times the number of
signatures I have obtained and I feel it would be unfair to force
me to regualify.

3. I have printed cards, handbills (see attached), "ld bumper

stickers. I have organized workers to help run my campaign, but
this has been difficult as people donrt want to help due to the

uncertainty of the elections.

ON APPEAL FROM
APPEAIS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

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AFFIDAVIT
PAGE 2

4 . We must have elections nciw, whether at-Iarge or f rom the

districts. The incumbents have served too long without facing

the .voters. t{hat we now have is not true representative

government.

Sworn to and
SCHMADES

subscribed befor
S. CORRIV
me this

Dr. Bob l'1. Thornton, Notary Public
State of Florida at Large
My commission expires February 18, I984.

ELECT

SCHMADES
D
E
P
E

N
D
A
I
L
E

D
E

D
I

C
A
T
E

D

CORRIVEAU
County Commission

DISTRICT No. 2

CCIUNTY COMMISSTONER..:'

, I983.

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No.82-L295

A939

IN THE
SUPREME COURT OF THE UNITED STATES

ocroBER TERM, L982

ESCAMBIA COUNTY, FLORIDA, et

V.

dI. ,
Appellants,

HtsNRY T. MCMILLAN, €t aI.,
Appellees.

ON APPEAL FROM THE UNITED STATES COURT
APPEALS FOR THE FIFTH CIRCUIT

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF' ESCAMBIA

WALTER BRADNER, SR., being duly sworn, deposes and says as

follows:

1. My name is WALTER BRADNER, SR. and I am a candidate for the

Escambia County, Florida, Commission District 1.

2. I will obtain ballot, access by paying a qualifying fee. I
have had cards and signs printed and have ordered brochures. I
have organized workers for a district campaign.

3. If elections were changed to at-large and residency districts
of the county commisison were used I would have a significantly
different field of opponents and constituents. Most of my

efforts to this point would be wasted. f guess it would cost at
least three (3) times as much to run at-Iarge as it would require
use of electronic media.

4. we have got to have elections. I would even rather have

elections at-large than no elections at alI. The county has

changed a 1ot since the last elections in L978. Many retired
people have moved into the county who have had no opportunity to
vote and do not feel they are adequately represented. The

current commisisoners were not voted into office by these people

and are not responsive to the needs of the people.

OF

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AFTIDAVIT
PAGE 2

WALTER BRAD

Sworn to and subscribed before me
ER, SR
this

C-,'
of !!ay, 198;.

t

. Thornton, Notary Pu
State of Florida at Large
My commission expires February 18, 1984.

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No.82-1295

A939

IN THE
SUPREI{E COURT OF THE UNITED STATES

ocroBER TERM, 1982

ESCA!,IBIA COUNTY,

HENRY T. MCIIILLAN, €t dI.,
Appellees.

OF

FLORIDA,

v.

et al. ,
Appellants,

ON APPEAL FROM
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

AEFIDAVIT

STATE OF FLORIDA
COUNTY OT ESCAMBIA

PHIL WALTRIP, being duly sworn, deposes and says as follows:

1. My name is PHIL WALTRIP and I am a candidate for the Escarnbia

County, Florida, Commission District 1.

2. I will gain ba1lot access by the petition method. I have

gathered s everal hundred signatures since pre-f iling on l'larch 3,

1983. If the elections were changed to at-Iarge it. would be

impossible to gather bhe required signatures by June l3th. I

previously gathered the required signatur.es for the 1980 election

but that election was stayed by the Court of Appeals, and

election officials have ruled that ne\,r signatures must be

obLained for the 1983 election.

3. I have printed cards, brochures, and yard signs which have

alread.y been placed in my district. I have organized workers and

raised funds. AII of these efforts were also undertaken in 1980,

I981, and I982. The "on-again, off-again" nature of the

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AFFIDAVIT
PAGE 2

elections has greatly discouraged campaign contributions. This
has also increased the advanLage that incumbents bnjoy because of
theiq easy access to contributors. If elections were held
at-large, it wourd significantly affect my campaign, and if r
decided to run it would require me to take a personal 1oan and

completely re-organize my campaign. An at-large race could cost
four (4) times the amount of a district race.

4. I believe that the county commissioners have asked to stay
elections for their ov/n personal and political reasons. They

have denied the citizens the right to determine this issue
through referendum. r also feel it would be very unfair to me

and my family to have elections stayed for a second Lime after
all of the effort and expenses we have incurred. My employment

has arso suffered adversry because of this difficurty.

ALTRIP

Sworn to and subscribed before me this ?I day of May, 1983.

Dr. Bob M. Thorhton, NoEary pu
State of Florida at Large
My commission expires February

1C

18 , I gg4.

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No.82-L295

A93 9

IN THE
SUPREI',TE COURT OF THE UNITED STATES

OCTOBER TERIt,l I L982

ESCAMBIA COUNTY, FLORIDA, €t

v.

aI. ,
AppeIIants,

HENRY T. MCII1ILLAN, €t dI. ,
Appellees.

ON APPEAL FROM THE UNITED STATES COURT
APPEALS FOR THE FIF'TH CIRCUIT

OF

APFTDAVIT

STATE OF FLORIDA
COUNTY OF ESCAIT{BIA

DOUG PITI'IAN, being duly sworn, deposes and says as follows:

1. My name is DOUG PITI'IAN and I am a candidate for the Escambia

County, Florida, Commission District t.

2. I will qualify for ballot access by means of the petition

method. I have about t.wo hundred (200) signatures at this time.

If the elections were changed to at-large it would be impossible

to gather the required signatures by June 13th.

3. I have printed cards (see attached), .posters, and leaflets.
I have already placed signs for Lhe campaign in my district. It

is very doubtful that I would be a cand'idate in an at-large

election. A change to at-Iarge elections at this time would

greatly increase the advantage the incumbents normally have, not

only in campaign issues, but also in raising funds.

4. I believe that the voters and I have been denied our

constitutional right to a democratic government by the stays of

elections entered by the courts. Elections have been denied too
long.

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AFtr'IDAVIT
PAGE 2

DOUG PITMAN

Sworn to and subscribed before me this?a day of May, 198

EFI-goO t{. Thornton, Notary Pub1ic
State of Florida at Large
l'ly commission expires February 18, 1984.

ELECT

DOUG PITMAN
CANDIDATE FOR COUNTY COMMISSIONER

OISTRICT I

GENE PITMAN
CAMPAIGN TREASURER

HOME:
450-2591

'a PO. POL. ADV.
1 G. PITMAN. TREAS.

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'Ty!il
I

I

No. 82-L295

A939

IN THE
SUPREII,IE COURT OF THE UNITED STATES

ocroBER TERM, L982

ESCAI'IBIA COUNTY, FLORIDA, €t

v.

dI. ,
AppeIIants,

HENRY T. I',ICMILLAN, €t aI . ,
Appellees.

ON APPEAL FROM
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

OF

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAMBIA

cRADY ALBRITTON, being duly

follows:

sworn, deposes and says as

I. lly name is GRADY ALBRITTON and I am a candidate for the

Escambia County, Florida, Commission District 5.

2. I will gain ballot access by paying the qualifying fee. I

held office as county commissioner from 1969 to L976. I know

from my previous experience that it would be impossible for

candidates seeking access through the petition method to do so by

June 13th if elections were changed to at-Iarge.

3. f have printed cards (see attached), placed posters

throughout District 5, raised money, and organized my workers for
a district election. If elections were held at-1arge, it. would

cost two (2) or three (3) times as much and I would virtually

have to start over. Even with my experience in county politics,

it would be a difficult decision wheLher to run at-Iarge. But

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AFFIDAVIT
PAGE 2

for a less experienced candidate, a change to at-Iarge elections

would be almost impossible.

4. .My district (5) has not had an election for county

commisisoner since L976. The people have a right to vote and to

select their representatives. I am surprised that this request,

to stay elections has been filed since three (3) of the incumbent

commissioners (t'lr. BIack, Mr. Kelson, I"1r. Tennant) told me

personally they opposed such request. As late as Friday, May 20,

1983, Mr. Kelson and Mr. Tennant denied that they had made such a

request to stay elections.

r( 4, ,.;'n
GRADY ALBRITTON

Sworn to and subscribed before me this Ll day of May, 1983.

rTu,
r. Bob M. Thornton, Notary Pub IC

State of Florida at Large
Ivly commission expires February r8, 1994.

VOTE FOR

GRADY ALBRITTON
EOUNTY COMMISSIONER

DISTRICT 5

24 HOUH SERVICE

EXPEhiENCEO _ ACCOMMODATING
,.WILL USE COMMON SENSE''

YOUR VOTE AND SUPPORT
AitFnEcnreo

zl

gid-iig3 eantohr6ht Pllii Fu. rJr. (ovn)

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D. o I

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No. 82-L295

A939

IN THE
SUPREI'IE COURT OF THE UNITED STATES

OCTOBER TERM, L982

ESCAI{BIA COUNTY, FLORIDA, et al.,
Appellants,

v.

HENRY T. MCMILLAN, €t aI.,
Appellees.

ON APPEAL FROM THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAMBIA

WILLIAM "BILL" MARSHALL, being duly sworn, deposes and says

as follows:

1. I'{y name is WILLIAM "BILL" MARSHALL and I am a candidate for
the Escambia County, Florida, Commission District 4.

2. r will quarify by paying a quarifying fee. rf elections are
held at-large I estimate campaign expenses will be three (3) or

four (4) Limes as much as r have allowed for my district
campaign. I could not raise that much money and would not run

at-Iarge.

3 . r have arready had posters and I'eaf rets printed ( see

attached) and raised funds. l{y money and efforL would be wasted

if elections are held at-large.

4. The preserrt commisSioners have been in office since 1978 and

two (2) have been appoirited and never ran for election. I feel
that it is ds!6ntla1 thaL t.he Voters are given an opportunity to
select their ioiniritsislohef s.

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AFFIDAVIT
PAGE 2

hIILLIAM UBILL" MARSHALL

Sworn to and subscribed before me this ?3 day of May, 1983.

Dr.Df. Bob M. Thorilton, Notary Pu
State of Florida at Large
My commission expires February 18, 1984.

irc5ils.*,r:

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o
C
i1

T

Bil! "
MA SHALL

Coun| Commissioner

Escam bia Cou nty N eed s A
Strong r Bold - Challenging - Aggressive

and lnnovative Commission
Escambia County Needs A New Commission

Men/Women attuned to The Times.
Your Concerns Should Be The Commission's Concerns.

I

I wilt use my
I am sending

No

u
T

Yes

u
tr

DISTRICT

Oishrct

I
S'rsUist

5

Drctrict

2
District

4District

3

SERVICES - JOBS - TAXES - INFLATION
THE BLUFFS - THE ANENA -LAW ENFONCEMENT

fear Along Perloration and Mail to Address Below;

Contribute - Vote - Elect

William
am a part of

o'Bill" Marshall

phone to call my friends.
a f inancial contribution.

Escambia County's Future.

Telephoir'e No. 1803 E. Scott Stroot
Ponsacola, Florlda 32503paio i,br,tiiir lorirrtr.-ui'r -Biu ltarshel Campaign F,, n rflr -24-



Glr

No. 82-L295

A93 9

IN THE
SUPREME COURT OF THE UNITED STATES

OCTOBER TERtt, L982

FLORIDA, €t

v.

ESCAMBTA COUNTY,

HENRY T. llCl,lILLAN, €t aI.,
AppelIees.

dI .,
Appellants,

ON APPEAL FROM
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

OF

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAMBIA

K ELVE Y 0 . l,1c DANIELS , be ing duly shrorn , deposes and says as

follows:

1. l'Iy name is KELVEY Q. McDANIELS and I am a candidate for the

Escambia County, Florida, Commission District 1.

2. I will gain ballot access by the petition method. I have

gathered just over one hundred (I00) signatures since pre-filing

on January 19, 1983, and as an independent candidate I will need

f ive hundred and eighty-nine (589) sig.natures by JuIy 26, 1983.

If elections were changed to at-Iarge I wiII need approximately

three thousand, one hundred and nineteen ('3,119) signatures which

would be impossible to gather in time.

3. I have already printed cards (see attached) and signs,

organized campaign workers, and ordered direct mail letters. If

elections were at-Iarge I could not be a candidate because of the

cost. tty ef fOlts dild expenses to date would be a total loss. I

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ATT'IDAVIT
PAGE 2

am presently unemployed and thi's would be a substantial personal

loss for me and my family.

4. If elections are stayed entirely I would, of course, suffer

the same loss f described above. More importantly, the voters
have been denied the right to vote since 1978, and their rights
would be severely violated. The people in my district are

anxious for district elections.

KELVEY O. McDANIELS

Sworn to and subscribed before me this fI day of May, 1983.

My commission expires

Dr. Bob M. Thornton, Notary public

State of Florida at Large

February 18, 1984.

VOTE NOVEMBER 1st

l(elvey Gl. lVlcElaniels
l,c&.per&tr (arl.a{a* /r,

County Commissioner District 1

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I No.82-L295

A939

IN THE
SUPREII,IE COURT OF THE UNITED STATES

ocToBER TERM, Lgg2

ESCAMBTA COUNTY, FLORIDA,

v.

et aI.,
AppelIants,

HENRY T. MCII{ILLAN, €t dI.,
AppeIIees.

OF

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAMBIA

wooDRow cusHoN, being duly sworn, deposes and says as

follows:

I. My name is WOODROW CUSHON and I am a candidate for the

Escambia County, Florida, Commission District 3.

2. I have already qualified for baIlot access by the petition
method which r f inished April 19, 1983. rf elections $rere

changed to at-Iarge it would be impossible to obtain the required
number of signatures by June 13, 1983.

3. My campaign riterature is arready being printed. r have

raised some funds and organized campaign workers. I would not

run if elections were held at-Iarge; the cost of the campaign and

little chance of success are the major reasons. I am black and

believe r wourd likely be defeated in a racialry divided vote.
4. r believe elections have arready been stayed too rong and a

further stay is unfair to the voters and the candidates.

Dr. Bob M. Thornton, Notary public

State of !'Iorid;r at Large
tfli6#MilFuoJrsn ' r8. rs{

ON APPEAL FROM
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

ItoooRow cusHoN

subsctibed before me thisSworn to and

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No. 82-L295

A939

IN THE
SUPREIT,IE COURT OF THE UNITED STATES

ocroBER TERI,I , L982

ESCA}TBIA COUNTY, FLORIDA, €t

v.

&1. ,
AppeIlants,

HENRY T. l4Cl,lILLAN, €t dl.,
Appellees.

ON APPEAL FROM
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

OF

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAI'TBIA

JOHN ADAMS, being duly sworn, deposes and says as follows:

1. My name is JOHN ADAIvIS and I am a candidate f or the Escambia

County, Florida, Commission District 3.

2. I qualified for ballot access by the petition method on May

3, 1983. If elections $rere held at-large it, would be impossible

to obtain the additional signatures by June 13th. I also
qualified for ba1lot access in 1980, but those elections were

stayed by the Court.

3. I have printed hand cards, billboards, and I have planned for

radio advertising. I have raised some funds and organized some

workers. The uncertainty about this election has made some

people unwilling tci contribute. This uncertainty aids the

incumbents since they can raise funds easier than a challenger.

I would not be able to run at-large because the difficulty of
raising the lafge amount of funds would put an undue burden on

me.

- 3r"

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AFFIDAVIT
PAGE 2

4. Most of the voters I have spoken with have lost confidence in

their-government because elections have been stayed so long. I

also feel that yet another stay of elections is unfair to

candidates like myself who have worked and spent money to seek

public office on this and prior occasions and have then been

denied that opportunity by the Court.

ADAMS

Sworn to and subscribed before me this of tlay, 1983.

/il,
Dr. Bob 1,1. Thornton, Notary Public

State of Florida at Large

t'ly commission expires February I8, 1984.

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"F:

No, 82-L295

A939

ffi
SUPREIUE COURT OF THE UNITED STATES

ocToBER TERM, Lgg2

ESCAMBIA COUNTY, FLORIDA, et aI.,
AppeIIbnts,

v.

HENRY T. MCMILLAN, €t dI.,
Appellees.

OF

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAMBIA

cLEVELAND McwrLLrAMS, being duly sworn, deposes and says as

follows:

I. My name is CLEVELAND McWILLIAMS and I am a candidate for the
Escambia County, Florida, Commission District 3.

2. I have already gained ballot access by the petition method.
rf elections were changed to at-Iarge, r wourd have to obtain
five times as many signatures as are presently required. This
would be impossible to do by June 13, 1983.

3. r have already obtained a personar roan to f inance my

campaign. rf erections were changed to at-large my plans to
finance this erection wourd be in vain. r would not seek
election at-larger ds I would not be able to arrange the amount

of funds to run and I believe such an effori. would be futile as I
am black and would be defeated by a raciarly polarized vote.
4. Elections should continue as the district court has ordered.
The incumbents have served more than a full term and the voters
should have the right to decide whether they continue in office.

ON APPEAL FROI',!
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

&

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AFFIDAVIT
PAGE 2

The incumbents

should have the

have served more than

right to decide whether

a full terin and the voters

they continue in office.

Sworn to and

CLEVELAND

subscribed before

!ty

Dr. Bob

State of

commission expires February

T this $,uay o

t'IcWILLIAIIIS

Ivt. Thornton, Notary public

Florida at Large

18, 1994.

f May, 1983.

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,o
I' No. 82-L295

A939

IN THE
SUPREI4E COURT OF THE UNITED STATES

OCTOBER TERM, L982

ESCAMBIA COUNTY, FLORIDA, et a1.,
AppelIants,

v.

HENRY T. MCMILLAN, €t 41.,
Appellees.

ON APPEAL FROII{ THE T'NITED STATES COURT
APPEALS FOR THE FIFTH CIRCUIT

OF

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAI{BIA

CLARENCE GULSBY, being duly sworn, deposes and says as

follows:

1. I'ly name is CLARENCE GULSBY and I am a candidate for the

Escambia County, FIorida, Commission District 5.

2. I will qualify for ballot access by payment of the qualifying

fees. I prefiled originally back in 1980. Neither the 1980r rloE

I982, elections were heId.

3. I have placed four foot by eight foot (4' x 8') signs in

district 5. If elections were changed to at-Iarge, I would have

to change the signs to cover the entire county.

4. The voters iri my district and I feel that $re must have

elections because it is the American Way. We have gone too long

without elections !

CLARENCE GULSBY

Sworn to and subscribed before me this ?l day of May

Dr. Bob

State of

D1y commission explres February

Ivt. Thornton, Notary Public

Florida at Large

IB, r984.

, 1993.

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No. 82-L295

A939

IN THE
SUPREME COURT OF THE UNITED STATES

OCTOBER TERI,I , L982

ESCAMBIA COUNTY, FLORIDA, et a1. ,
Appellants,

v.

HENRY T. II{CMILLAN, €t &1.,
AppeIlees.

OFON APPEAL FROM
APPEALS

THE UNITED STATES COURT
FOR THE FIFTH CIRCUIT

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF ESCAMBTA

C. A. "BERT" I^IEIS, being duly sworn deposes and says as

follows:

1. My name is c. A. "BERT" wErs and r am a candidate for the

Escambia County, Florida, Commission District 1.

2. I will qualify for ballot access by the petition method. I
have accumulated approximately four hundred (400) of the required

four hundred and twenty (420) signatures necessary to qualify.

If the elections were held at-large I would find it virtually
impossible to obtain the approximately twenty-one hundred

signatures required by June 13, 1983.

3. I have printed signs and handbills (see copy attached)
reflecting my candidacy for District One. I have raised funds

and organized campaign workers on the' basis of a district
campaign i if elections $/ere changed to at-Iarge these efforts
would have been in vain. At this Iate date, it would be

extremely difficult to change my campaign to the at-large system

and greatly affect my candidacy for county election.
4. I believe that to cancel the elections entirely denies the
voters their eonstitutional right. We have not been allowed to
vote since L97B and there is substantial community discontent
over that fact. r crose by respectfutry requesting that the

Co\rrt sllow eleetions to go forward as the District Judge has

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AFFIDAVIT
PAGE 2

Sworn to

My commission expires

day of May, 1983.

Dr. Bob

State of

February

M. Thornton, Notary Public

Florida at Large

I8, 1984.

E LECT

c.A. (BERT)

D
E

P
E

N
D
A
B
L
E

D
E

D
I
c
A
T
E
D

WEIS
County Commission

DISTRICT #1

/-

c.

and subscribed

A. tBERTtt wErs

before me this ?a

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