Post Hearing Brief Amicus Curiae of Robert M. Allensworth; Cumulative Voting Best SMEAA Option News Clipping

    7 

JN,THE 

UNITED STATES COURT OF APPEALS 

FOR THE FIFTH. CIRCUIT I 

No. 87 -3463 

RONALD CHISOM. et al. 
Plaintiffs - Appellants 

Vs. 

EDWIN EDW ARDS, et al, 
Defendants - Appellees 

APPEAL FROM THE UNITED STATES 

DISTRICT COURT FOR THE 

EASTERN DISTRICT OF LOUISIANA. 

POST-HEARING BRIEF AMICUSCURIAE 

OF ROBERT M. ALLENSWORTH 

Robert M. Allensworth 
500 W.-Tompkins, POB 309 

Galesburg, Illinois 61402 
309/ 343-8671 



ARGUMENT 

The geographic segregation or ghettoization of black people needed 

with racial bloc voting for a fairly adequate potential to elect 

representatives of their choice may compel them then to elect immoral 

liars or aspersionist troublemaking cranks at the unnecessary hurtful 

and wastful expence of the majority. "Voting along racial lines allows 

those elected to ignore black interests without fear of political 

consequences." Rogers v Lodge (1982) 458 US 613, 23. 

Cumulative voting can not only satisfy the legitimate electoral needs 

of black people without so much racial and geographical isolation but 

can also break up a political machine operating according to the. motto: 

"Swamp 'm, swamp 'm, get the wampum." 

If two people are to be elected from a district each voter would be 

entitled to cast two votes. By marking for one candidate he would get 

both votes. By marking for two he would give each candidate one vote. 

In so far as the white vote would be unevenly split among the candidates 

of the white voters less than 1/3 of the voters who vote could elect a 

candidate of the black people. 

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"The Journal paper was always my friend..." 
A. Lincoln 
Juno 18, 1884 

Page 6 Wednesday, February 3, 1988 The State Journal-Rei 

we ,Rateound.dskurvi-Rexister 

Cumulative voting 
best iSMEAA. option 
UNDER PRESSURE from 

U.S. District Judge Richard Mills 
to resolve the voting rights case 
against the Springfield Metropoli-
tan Exposition and Auditorium 
Authority, its board has proposed 
a plan .for cumulative yoting in 
election of board members.. 

This seems to be the best of 
several choices for complying 
with the voting rights law. We 
urge the plaintiffs to agree to it 
and to so inform the judge today. , 
Under the cumulative voting 

plan, a voter would have an op-
portunity to give all his votes to 
only one candidate or to split 
them among any number up to 
the total being elected. 

For example, if three persons 
were to be elected to the SMEAA 
board, each voter would be enti-
tled to cast three votes. By mark-
ing for only one candidate, he 
could give all three of his votes to 
that candidate. By marking for 
two candidates, he would give 
each one and ode-half votes. By 
marking for three he would give 
eachvandidate one vote. 

UNDER THIS system, a mi-
nority group, by concentrating its 
votes for one candidate. has an 
excellent chance to elect that 
candidate. With three or four 
SMEAA board mempers being 
chosen in each election, a strong 
black candidate should run well 
each time, which could mean two 
or three black members of the 11-
person board in contrast with the 
present one black member. 

That would be more minority 
representation than would likely 
result from one of the alternative 
methods: dividing the SMEAA 
district into 11 subdistricts the 
way the city was divided into 

wards. 
We already have a plethora of 

voting districts — congressional, 
judicial, legislative, county 
board, school, park, city and 
SMEAA. Dividing any of them 
further would add more.confu-
sion for already often confused 
voters. 

A SUGGESTION THAT 
seemed sensible was to make au-
ditorium authority hoard seats 
appointive instead of elective. 
However, that idea foundered as 
a result of controversy over who 
would make the appointments. 

Because the authority district 
includes Springfield and Wood-
side townships as well as the city 
of Springfield, it was proposed to 
have the county board chairman 
make the appointments. Demo-
crats objected to that, because the 
county board chairman is almost 
always a Republican, and they 
were concerned that there 
wouldn't be enough political bal-
ance. ' • 
Then Mayor Ossie Langfelder 

and others in the city objected on. 
grounds that the city constitutes 
most of the district, and, logically, 
the city government should share 
in the appointive power. 

OF ALL THE choices consid-
ered, it appears cumulative vot-
ing is the simplest and most sensi-
ble solution. 
We hope there will be quick 

agreement on that plan so the 
court case can be resolved and 
the SMEAA board can get on with 
devoting its time and resources to 
solving the multiple problems of 
operating and maintaining the 
Center. 

John P. Clarke, publisher 

Edward H. Armstrong, editor 
Patrick Coburn, managing editor 

SMEAA voting 
rights case in 
judge's hands 

U.S. District Judge Richard Mills 
will determine the outcome of the 
Springfield Metropolitan Exposition 
and Auditorium Authority voting 
rights case. 

Attorneys Bruce Stratton and Don-
a14 Craven formally informed Mills 
Wednesday that they have been una-
ble to come to at ogreemeot. 

Mills on Wednesday directed the 
attorneys to file proposals within 30 
days for correcting alleged racial dis-
crimination in SMEAA elections. 
They will have an additional 14 days 
to answer the other side's arguments. 

Mills then will set a date for a hear-
ing on the case. 
The suit says at-large election of 

SMEAA members violates the rights 
of minority voters because it makes it 
very difficult for them to elect their 
own representative. The SMEAA gov-
erns the Prairie Capital Convention 
Center. 
• The SMEAA board Monday pro-
posed cumulative voting as a way for 
minorities to pool their votes and 
elect a preferred candidate, but the 
plaintiffs in the suit turned it down. 

Other proposals have ranged from 
appointment of members by the 
county board and/or the city council 
to the election of board members 
from districts. 
The SMEAA board is not defending 

the current method of election of the 
board, and there will be no trial to 
determine whether the federal vot-
ing rights laxhas been yiolated. 

Denby not 
going back 
to Nicaragua 
by Dave Bakke 

CARLINVILLE — James Denby 
said Wednesday that disposition of 
the charges pending against him in 
Nicaragua,- will take .place without 
him. 
Denby, released Saturday after 56 

days in a Nicaraguan prison, had 
thought he would have to return to 



CERTIFICATE OF SERVICE 

I certify that a copy of this brief has been mailed today, postage prepaid 
to: 

Mr. M. Truman Woodward, Jr. 
1100 Whitney Building 
New Orleans, Louisiana 70130 

Blake G. Arata 
210 St. Charles Avenue, Suite 4000 
New Orleans, Louisiana 70170 

A. R. Christovich 
1900 American Bank Building 
New Orleans, Louisiana 70130 

William P. Quigley 
631 St. Charles Avenue 
New Orleans, Louisiana 70130 

Roy Rodney 
643 Camp Street 
New Orleans, Louisiana 70130 

Wm. Bradford Reynolds 
Assistant Attorney General 
Roger Clegg 
Deputy Assistant Attorney General 
Jessica Dunsay Silver 
Mark L. Gross 
Attorneys 
Department of Justice 
Washington, D.C. 20530 

Mr. William J. Guste, Jr. 
Attorney General 

Kendall L. Vick 
Assistant Attorney General 

Eavelyn T. Brooks 
Assistant Attorney General 
Louisiana Department of Justice 
234 Loyola Avenue, 7th Floor 
New Orleans, Louisiana 70112 

Julius L. Chambers 
Charles Stephen Ralston 
C. Lani Guinier 
Pamela S. Karlan 
99 Hudson Street, 16th Floor 
New York, New York 10013 

Ron Wilson 
Richards Building, Suite 310 
837 Gravier Street 
New Orleans, Louisiana 70112 

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