Lawrence County Defendants' Proposed Findings of Fact and Conclusions of Law
Public Court Documents
February 28, 1986

13 pages
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Case Files, Dillard v. Crenshaw County Hardbacks. Lawrence County Defendants' Proposed Findings of Fact and Conclusions of Law, 1986. 62707bbb-b8d8-ef11-a730-7c1e527e6da9. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/d483938d-f7a5-4ca0-ab23-3dc9c675d8b8/lawrence-county-defendants-proposed-findings-of-fact-and-conclusions-of-law. Accessed May 15, 2025.
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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