Lawrence County Defendants' Proposed Findings of Fact and Conclusions of Law

    IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et al., 

Plaintiffs, 

ve. CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

et al., 

Defendants. 

LAWRENCE COUNTY DEFENDANTS' PROPOSED FINDINGS 
OF FACT AND CONCLUSIONS OF LAW 
  

I. Findings Of Fact 
  

1, The at-large system for the election of County 

Commissioners in Lawrence County, Alabama was not enacted with 

the intent to discriminate against Blacks. 

2 The at-large system for the election of County 

Commissioners in Lawrence County, Alabama has not been 

maintained with the intent to discriminate against Blacks. 

3. Black citizens in Lawrence County, Alabama have not 

been excluded from the political process. 

4, The policy behind the maintenance of the at-large 

system for electing County Commissioners in Lawrence County is 

not tenuous. 

5+ The various legislative enactments regarding the 

elections of county commissions in the State of Alabama do not 

demonstrate any racially motivated pattern and practice on the 

part of the state Legislature to discriminate against Blacks. 

Rather, the adoption of the various legislative acts, affecting 

Np 

 



  

the various counties in the State of Alabama, was based upon 

legitimate reasons having nothing to do with race. 

6. Even if there ever existed some racially motivated 

pattern and practice on the part of the state Legislature to 

discriminate against Blacks in connection with election systems 

for various county commissions, such pattern and practice did 

not include or affect the system used for election of the 

Lawrence County Commission at any time. 

 - The present at-large system of electing County 

Commissioners in Lawrence County was neither motivated nor 

maintained for discriminatory purposes, but rather exists based 

upon legitimate reasons having nothing to do with race. 

8. Primary elections in the State of Alabama will be 

conducted on June 3, 1986. 

9. Prior to the scheduled election date, there are a 

number of tasks to be performed by county officials preparatory 

to the election. 

10. Significant events and deadlines for the 1986 

elections are as set forth in the attached Exhibit A. 

11. It would be exceedingly difficult, if not impossible, 

to prepare, adopt, and implement, for use in the 1986 

elections, any single-member district plan for elections in 

Lawrence County, Alabama. 

12. Any effort to prepare, adopt, and implement a 

single-member district plan for elections in Lawrence County in 

 



  

1986 will result in a severe burden being placed on those 

county officials responsible for the conduct of elections. 

13. It is not practical or reasonable to order a new plan 

for use in electing the Lawrence County Commission in 1986, 

given the time constraints of the rapidly-approaching elections 

and the concomitant absence of opportunity to conduct a 

meaningful review of any plan which might be proposed by the 

Defendants or the Plaintiffs. 

II. Conclusions Of Law 
  

1. Venue in the Middle District of Alabama is improper 

as to the Lawrence County Defendants. 

24 Venue is improper as to the Lawrence County 

Defendants in the Middle District of Alabama under any 

provision of 28 U.S.C. §1391 or §1392. 

3. The multiple Plaintiffs and multiple Defendants in 

this action are not properly joined under F.R.C.P. 20(a). 

Because the multiple parties are improperly joined in this 

action, there is no basis for application of the special venue 

provisions of 28 U.S.C. §1392(b). 

4, In accordance with the provisions of Rule 21, 

F.R.C.P., and 28 U.S.C. §1406(a), the Lawrence County claims 

should be severed, transferred to the United States District 

Court for the Northern District of Alabama, and proceeded with 

separately. Even if the joinder of parties were appropriate, 

 



and even if venue were technically proper in the Middle 

  

District, the claims relating to Lawrence County should be 

severed from the claims relating to the other counties, and 

then transferred to the Northern District of Alabama for 

further proceedings. Such a severance and transfer would be 

appropriate under Rule 20(b) of the Federal Rules of Civil 
; 

Procedure and §1404(a) of Title 28 of the United States Code. 

5 Because of the lack of typicality and commonality 

among the several counties sued in this lawsuit, class action 

treatment is inappropriate. 

6. Because the Plaintiffs have failed to satisfy the 

prerequisites to the certification of a class action, such 

certification should be denied. 

7. The present at-large system for election of county 

commissioners in Lawrence County does not violate Section 2 of 

the Voting Rights of 1965 or the Constitution of the United 

States. 

8. The Plaintiffs have not established from the evidence 

any substantial likelihood of success on the merits of their 

claims. 

9. The Plaintiffs have failed to establish that they 

would suffer irreparable injury in the absence of the 

preliminary injunctive relief sought. 

10. The relative harms inherent in the granting of the 

preliminary injunctive relief sought weigh in favor of the 

Defendants' position, particularly because the relief sought 

 



  

will unnecessarily disrupt and unreasonably burden the state 

and county election process. 

11. The Plaintiffs have failed to establish the 

prerequisites necessary to the awarding of preliminary 

injunctive relief. 

12. The purpose of the preliminary injunction is to 

preserve the status quo and thus prevent irreparable harm until 

the respective rights of the parties can be ascertained during 

a trial on the merits. 

13. Even if the Plaintiffs are entitled to preliminary 

injunctive relief, that relief should be limited to prohibitory 

preliminary injunctive relief, and should not include mandatory 

preliminary injunctive relief. Mandatory preliminary 

injunctive relief should not be granted except in rare 

instances in which the facts and law are clearly in favor of 

the moving party. 

14. Although Plaintiffs may have established the 

prerequisites for the granting of some preliminary injunctive 

relief, such relief should not include the mandatory relief 

sought. That is, Plaintiffs have failed to establish that they 

are entitled, as a matter of preliminary injunctive relief, to 

the relief of having elections conducted in 1986 under some 

single-member district plan. 

15. These Defendants adopt their memorandum on the issue 

of preliminary injunctive relief filed in this action. 

 



16. Where an existing election system is found to be 

unlawful, it is appropriate for the Court to defer to the 

public officials or body involved and give them an opportunity 

to present a new election plan which comports with the 

Constitution and laws of the United States. 

17. To grant the relief requested by the Plaintiffs to 

have elections in 1986 under some single-member district plan 

would effectively deprive the applicable public officials of 

any opportunity to present a lawful plan. 

18. The Court concludes that it would be inappropriate, 

at this stage of these proceedings, and under the 

circumstances, to order that elections be conducted in 1986 

under some new election plan. 

Respectfully submitted, 

RX Thndvr 7 ony 
D. L,. Martin 
    

215 South Main Street 

Moulton, AL 35650 

(205) 974-9200 

- 2. 

David R. Boyd 
Attorney for Defendants 
Lawrence County, Alabama, 
Larry Smith and Dan Ligon 

  

BALCH & BINGHAM 

P. O. Box 78 
Montgomery, Alabama 

(205) 834-6500  



CERTIFICATE OF SERVICE 

  

  

I hereby certify that I have served the foregoing 

Lawrence County Defendants' Proposed Findings of Fact and 

Conclusions of Law, upon all counsel of record listed below by 

placing copies of same in the United States Mail, properly 

addressed and postage paid this 2808 day of February, 1986. 

_Pene £. | 
TRA Ai 

  

 



  

Larry T. Menefee, Esq. 
James U. Blacksher, Esq. 

Wanda J. Cochran, Esq. 
Blacksher, Menefee & Stein 
405 Van Antwerp Building 
P. OO. Box 1051 
Mobile, Alabama 36633 

Terry G. Davis, 
Seay & Davis 
732 Carter Hill Road 
P. O. BOX 6125 
Montgomery, Alabama 

Esq. 

36106 

Deborah Fins, Esq. 
Julius L. Chambers, Esq. 
NAACP Legal Defense Fund 
1900 Hudson Street 

l6th Floor 
New York, New York 10013 

Jack Floyd, Esq. 
Floyd, Kenner & Cusimano 

816 Chestnut Street 
Gadsden, Alabama 35999 

H. R. Burnham, Esq. 
Burnham, Klinefelter, Halsey, 
Jones & Cater 

401 SouthTrust Bank Building 

P. O. Box 1618 
Anniston, Alabama 36202 

Warren Rowe, Esq. 

Rowe & Sawyer 
P. O. Box 150 
Enterprise, Alabama 36331 

Reo Kirkland, Jr., Esq. 
P. O. Box 646 

Brewton, Alabama 36427 

James W. Webb, Esq. 

Webb, Crumpton, McGregor, 

Schmaeling & Wilson 
166 Commerce Street 
P.O. Box 2138 
Montgomery, Alabama 36101 

Lee Otts, Esq. 

Otts & Moore 

P. O. Box 467 

Brewton, Alabama 36427 

W. O. Kirk, Jr., Esq. 
Curry & Kirk 

Phoenix Avenue 
Carrollton, Alabama 35447 

Barry D. Vaughn, Esq. 
Proctor & Vaughn 

121 N. Norton Avenue 
Sylacauga, Alabama 35150 

Alton Turner, Esq. 
Turner & Jones 

P. O Box 207 
Luverne, Alabama 36049 

D. L. Martin, Esq. 
215 S. Main Street 

Moulton, Alabama 35650 

Edward Still, Esq. 
714 South 29th Street 
Birmingham, Alabama 

  

35233-2810



» » EXHIBIT "A" 

  

April 4 Third parties certify nominees to Secretary of State 

Don Siegelman by 5:00 p.m. 1-M1-\ QD 

Independent candidates must file petitions with the Secre- 
tary of State or Probate Judge by 5:00 p.m. 1-71-1(3) 

Candidates subject to the primary election must file their 
declaration of candidacy with the state party executive 

committee by this date. \1-\b-\\ 

April 14 State party executive committees must certify candidates 
for the primary election to the Secretary of State. IM~\b-\| 

County party executive committees must certify candidates 
for the primary election to the Probate Judge. \"1-lb-\| 

April 24 Secretary of State Siegelman certifies candidates for the 
primary election to the Probate Judges. \-1b-W\( 

May 9 Candidates for nomination subject to the primary election 
submit suggested poll workers to the county party executive 

committee no later than this date. \7-\b-\"1 

May 13 Probate Judge delivers absentee ballot supplies to the Absen- 

tee Election Manager no later than this date. \7T-10-\Q 

May 14 First day the Appointing Board (Probate Judge, Sheriff, 
Circuit Clerk) may appoint regular and absentee poll workers. 
County Party executive Cammittees must have submitted their 

lists of suggested poll workers to the Appointing Board 

prior to this date. 

Probate Judge publishes the list of qualified electors no 

later than this date. \1-4-\¥A 

“May 19 Last day for the Appointing Board to appoint regular and 

absentee poll workers. |7-b-); \1=\b-T 

May 23 Last day for the Bdard of Registrars and Deputy Registrars 
to accept applications to register and vote. \1-LW-WDO; fet 4-379 

May 26 : Board of Registrars are in session for ten days prior to 
elections to process the last voter registration applications 
and to prepare the list of voters who are subject to being 

purged. \1-W4-130 ; ¥\-3] 

 



May 27 The Probate Judge informs the Sheriff of the time and place 

for the instructional school for poll workers (machine coun- 

ties only). \-9-\9 

  

The Sheriff notifies poll workers of instructional school 

for poll workers (at least 48 hours before the school). 17-Q-\" 

The Probate Judge publishes the supplemental poll list. 1-4-1 

May 29 Last day for the Probate Judge to hold the instructional 

school for poll workers (machine counties only). 11-\Q-9 

Last day voters may apply for an absentee ballot. |T-)-3 wo) 

May 31 The Probate Judge must begin the preparation of voting equip- 

ment no later than 9:00. \1-Q-\9 

The Probate Judge delivers election supplies to the Sheriff 

by this date. \7-\b-da 

June 3 PRIMARY ELECTION — YOUR VOTE MAKES A DIFFERENCE! 

The Probate Judge furnishes each polling place with an alpha- 

betical list of qualified electors in that precinct with 

the subject-to-purge notations and voter reidentification 

forms. 

June 4 The Sheriff delivers the results, tally sheets, and boxes 

or sealed envelopes to the county party executive cammittee 

by 10:00 a.m. 1f-1b-30 

No later than 12:00 noon the county party executive committee 

meets and certifies the results of the primary election. \"-6-35 

June 6 County party executive committee meets to tabulate and de- 

clare the results of the primary election no later than 

12:00 noon. 17-1b-3D 

June 15 Secretary of State Siegelman certifies the primary runoff 

ballot to the Probate Judge by this date. \~\b-3b 

June 18 Secretary of State Siegelman, Governor Wallace and/or At- 

torney General Graddick will certify the results of the 

Constitutional Amendment Election. 1-4-0; \1-V1-_ 5 W-\0-3 

PRIMARY RUNOFF ELECTION 

April 25 First day electors may apply for an absentee ballot.(\1 -10-3¢ad) 

June 3 List of qualified voters must be furnished to the Absentee 

Election Manager by this date. C\7-\0-RD) 

 



June 4 First day the Appointing Board may appoint absentee and 
regular poll workers. 7-10-11; \7-b-}\ 

  

June 9 Last day the Appointing Board may appoint absentee and regu- 

lar poll workers. 17-10-11; 17~b =| 

The state party camittee must certify the names of all 
primary runoff candidates running for state office to the 

Secretary of State by this date. The county party executive 
camittee must certify the names of all primary runoff candi- 

dates running for county office to the Probate Judge by 

this date. 11-b-3b 

June 13 Last day to register to vote in the primary runoff election. 1-4-1 

June 14 Board of Registrars are in session for ten days prior to 
elections to process the last voter registration applications 

and to prepare the list of voters who are subject to being 
purged. \f1-4-\130 

June 16 The Secretary of State certifies the form and content of 
the primary runoff ballot to the Probate Judge by this date. 

Nb- Bolo); N-1b-M Te 
June 17 Last day for the Probate Judge to inform the Sheriff of 

the time and place of the instructional school for poll 
workers (machine counties only). Y1-9-{9 

June 19 Last day to hold school of instruction for poll workers. \N-G-\q 

June 20 The Appointing Board in counties with a population of 50,000 
or more meets to appoint additional absentee poll workers 
if necessary. \7-10-\\ 

June 21 The last day for the Probate Judge to deliver election sup- 
plies to the Sheriff. \N-\b-N 

The Probate Judge must begin the preparation of the voting 
machines no later than 9:00 a.m. \1-9-V] 

June 24 PRIMARY RUNOFF ELECTION — YOU ARE A VOTER ONLY IF YOU VOIE. 

The Probate Judge must provide a poll list to the inspector 

at each polling place. \N~W-\3o6 

Jung 25 The Sheriff mt deliver the results, tally sheets,” and 

boxes or sealed envelopes to the Probate Judge: by 10:00 
a.m. 1N-b-3bld) 

The county party executive cammittee must meet and receive, 
canvass and tabulate the results of the primary runoff elec- 
tion at 12:00 noon. \7-lb-3Cd) 

Sogo ig? June 27 The county party chairperson must certify the results of 
fi dati the primary runoff election to the state party executive 

camittee by 12:00 noon. Y1-1b-3b Cd) 

 



The state executive camittee or subcommittee thereof must 

meet by 12:00 noon to receive, canvass and tabulate the 
results of the primary runoff election. 17-b-3b (4d) 

Secretary of State Siegelman, Governor Wallace and/or At- 
torney General Graddick must meet, canvass, tabulate and 

announce the results of the constitutional amendment elec- 

tion (if applicable). 7-14-90; \1-\1"a; (71-117-3 

GENERAL ELECTION 

Secretary of State Siegelman must certify the form and con- 
tent of the general election ballot to the Probate Judge 
by this date. \1-T-\(b) 

First day voters may apply for an absentee ballot. \1-10-3ca) 

The county party executive committee submits nominations 
for poll workers to the Appointing Board by this date. \R-b-b 

Last day for the Judge of Probate to furnish the list of 

qualified voters to the Absentee Election Manager. |7-\0-S 

The Probate Judge must deliver the election supplies to 
the Absentee Election manager by this date. \-10-\Q 

The first day the Appointing Board may appoint absentee 

and regular poll workers. \1-10-1\; \1-b-\ 

The last day the Appointing Board may appoint poll workers. 
The Sheriff must publish the notice of all poll workers 

during this time. \I-b=\<V1-b-x 

Last day for the Board of Registrars and Deputy Registrars 

to accept applications to register and vote. \N-WU-130 

The Board of Registrars are in session for ten days prior 
to elections to process the last voter registration applica- 
tions and to prepare the list of voters who are subject 

to being purged. (1-4-\30 

The last day for the Probate Judge to inform the Sheriff 
of the time and place of the instructional school for pod 

workers (machine counties only). A-6. 

The last day for the Sheriff to publish notice of the elec- 

tion school of instruction for poll workers. 1-4-9 

Last day for holding instructional school for poll workers 

(machine counties only). |M-9-YAca) 

The last day voter may apply for an absentee ballot. \N-10-3¢)  



October 31 The Appointing Board in counties with a population of 50,000 
or more meets to appoint additional poll workers if necessary. \N-10-! 

  

November 1 The Probate Judge must begin the process of preparing the 
voting machines by 9:00 a.m. on this date. 7-9-1 

November 4 GENERAL ELECTION — BE THERE, BE COUNTED! 

The Probate Judge must provide the inspectors at each polling 
location an alphabetical poll list which indicates those 
persons who are subject to being purged. A copy of each 
poll list must be certified to the Secretary of State and 
provided to the Board of Registrars. |M-\M-); \N-14- 

November 19 The last day for Secretary of State Siegelman, Governor 
Wallace and/or Attorney General Graddick to canvass the 
results of the General Election for state officials and 

constitutional amendments. |M-\\4.30; \N-1-1;17-V7-3