Correspondence from Still to Attorney General Reynolds with Escambia County Consent Decree

    " F dwar d Still a Cable: VOTELAW 
Telex: 6502416331 MCI 

attorney at law MCI Mail: 241-6331 

714 South 29th Street 

Birmingham, AL 35233-2810 

205/322-6631 

6 November 1986 

Assistant Attorney General 
Civil Rights Division 
Department of Justice 
Washington DC 20530 

re: Comment under Section 5, Voting Rights Act 
Escambia County, Alabama, Acts 86-721 and 86-722 

Dear Attorney General Reynolds: 

Escambia County, Alabama, submitted Acts 86-721 and 86-722 
to you on 20 October 1986 for preclearance. As one of the 
attorney for the plaintiffs in Dillard v Crenshaw County, CA 85- 
T-1332-N, "in the US District Court for the Middle District of 
Alabama, I wish to comment on these acts. 

Escambia County was one of the counties sued in Dillard, but 
it reached an agreement with the plaintiffs before the hearing on 
preliminary injunction. I have attached a copy of the Consent 
Decree between the plaintiffs and the Escambia County defendants. 
The Decree provides for a phasing-in of the single-member 
district plan. All the incumbents will be allowed to serve out 
their terms. 

Act 86-721 calls for a referendum to decide among several 
unspecified reapportionment plans but is deficient in that it 
does not require the representative from House District 93 to 
file these plans at any specific time or place so that voters 
will have a chance to examine them, nor does it require the plans 
be summarized on the ballot in such a way that voters will know 
what they are voting on. For all we know, the ballot could ask 
voters to choose between “Plan A, Plan B, and Plan C” without any 
details of what they contain. The potential for a pig-in-a-poke 
referendum is enormous. Act 86-721 should not be precleared 
until after the representative has filed the plans with the 
Probate Judge, and the Probate Judge has given you a written copy 

of the referendum ballot. In the alternative, you could preclear 

the date but not the ballot content until these items have been 
provided. Finally, I presume that you will, as usual, not 
consider preclearance of the reapportionment plans in the 
referendum until one is approved by the voters. 

 



  

Act 86-722 changes one of the provisions of the Consent 
Decree by adding an at-large chairman to the five members of the 
County Commission elected from single-member districts. This 
will have a retrogressive effect, since it will decrease black 
representation on the Commission from one of five to one of six. 
Two counties proposed this type of at-large chairman feature to 
the District Court and were overruled. The Court found that this 
feature would have a discriminatory effect under Section 2 of the 
Voting Rights Act. I have enclosed a copy of the 21 October 1986 
opinion and order. Much of the evidence the Judge relied upon 
was statewide in nature, so it would also be applicable to 
Escambia County. For this reason, you should object to Act 86- 
722% 

Please keep me informed about your decision on these 
submissions. 

iv 

Edward Still 

ES/+ 

2 encls. 

cc w/o encl: 
lee Otts, Esq. 
Otts & Moore 

P OO Box A467 

Brewton AL 36427 

James W. Webb, Esq. 
Webb Crumpton & McGregor 
P O-Box 238 

Montgomery AL 36101 

 



  

Rep. White (F) 

  

RECEIVED 
SEP <4 1986 

rq Time 2: 50/7 _ 

Governor s Offica 
  

Enrolled, An: Act, 

Relating to the county commission of Escambia 

County, to provide for a special election in June, 1987, to 

allow the electors to select from among several proposals a 

plan of redistricting for the said commission; to provide for 

a subsequent election of the top two plans voted upon if no 

proposed plan receives a majority of the votes cast in the 

tirst election; and to require the county commission shall be 

bound by the results of the election or runoff election, if 

held, and the terms of the redistricting plan adopted. 

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 

Section 1. Pursuant to that certain federal court 

order requiring the redistricting of the county commission 

districts in Escambia County, an election shall be held in 

Escambia County on the first Tuesday in June 1987, at which 

election the qualified electors of the county shall vote on 

several plans of redistricting which will be proposed by the 

House of Representatives member from House District 93. If 

any of the proposed plans receive a majority of the votes 

cast, then such plan shall be adopted. If none of such plans 

receive a majority of the votes cast at such election, a 

second election shall be held on the fifth Tuesday in June 

1987. At the said second election, 1f it is held, the top 

two proposed plans receiving the most votes shall then be 

voted upon and the plan receiving a majority of the votes 

cast shall be adopted. 

Page. 1 of 2 

 



  

Section 2. Whichever plan is adopted by the 

electors of Escambia County shall be implemented by the 

county commission in the manner described in the plan so 

adopted. 

Section 3. The election or elections shall be held 

and conducted in as nearly possible the same manner as other 

county elections, and the costs of such election or elections 

shall be paid by the county commission. 

Section 4. The provisions of this act are 

severable. If any part of the act is declared invalid or 

unconstitutional, such declaration shall not affect the part 

which remains. 

Section 5. All laws or parts of laws which 

conflict with this act are hereby repealed. 

Section 6. This act shall become effective 

immediately upon its passage and approval by the Governor, or 

upon its otherwise becoming a law. 

  

  

i] 

N 
Cr TS : 

President and Presiding Officer of tIre—Senate 
  

House of Representatives 
I hereby certify that the within Act originated in and was 
passed by the House September 10, 1986. omy : tod avs, 

3 Ty ———l yy 

rr. 

John W. Pemberton en hi 
Clerk Fa 

a) 
  

Senate SEP 2 3 1986 Passed 

  

Page  2niof 2 

   



  

Rep. White (F) 

  

¥o. 
RECEIVED 

H. 5 SEP #4 1588 

Time A 0pm 

ymernor 8 Ctliva 
  

Enrolled, An ACE, 

Relating to Escambia County; to provide for the 

election of the chairman of the county commission. 

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 

Section 1. In Escambia County, the chairman of the 

county commission shall, beginning with the next term of 

office, be elected by all the qualified voters of the county. 

The chairman shall serve full time and be a voting member of 

the commission. 

Section 2. This act shall become effective 

immediately upon its passage and approval by the Governor, Or 

upon its otherwise becoming a law. 

% 4 Pr —— 
A i 2 

Shs if | 

SpsakKer Or the Li CE 

he i 
President and Presiding Officer of the Senate 

  

  

House of Representatives 

I hereby certify that the within Act originated inand was 1. 

passed by the House September 10, 1986. Tie Ea 

John W. Pemberton wt Sram 

Clerk {= EUR 
  

Senate SEP 2 3 1986 Passed 

  

  

  

  

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