Consent Decree and Motion to Amend Complaint with Cover Letter

    9 
BLACKSHER, MENEFEE & STEIN, P.A. by, 

ATTORNEYS AT LAW 

  

405 VAN ANTWERP BUILDING 

P.O. BOX 1051 

MOBILE, ALABAMA 36633 

JAMES U. BLACKSHER TELEPHONE 

LARRY T. MENEFEE (205) 433-2000 

GREGORY B. STEIN 
WANDA J. COCHRAN February 19, 1986 

Yetta G. Samford, Jr., Esquire 
SAMFORD, DENSON, HORSLEY, PETTEY, 

MARTIN & BARRETT 
P. 0. Box 2345 
Opelika, AL 36803 

RE: Dillard v. Crenshaw County. Alabama, et al. 

Dear Mr. Samford: 

As promised, enclosed are copies of the following documents: 

1. A motion to join Lee County to the pending case; 

2. The proposed amended complaint; and 

3. A proposed consent decree. 

It is my hope that we can agree to the terms of the consent 
decree as quickly as possible. It would prevent us from having 
to incur additional attorneys’ fees and expenses with respect to 

Lee County as we prepare to present evidence at the preliminary 
injunction hearing on March 4. 

Of course, as the proposed consent decree indicates, the agreed 
upon court order would remain effective only until the 
Legislature acted. However, it seems clearly to be too late for 
the Legislature to get a local bill advertised and enacted before 
qualifying deadlines end for the 1986 elections. I realize that 
a local bill, if enacted could provide a different set of 
qualifying dates, and that would be fine. In the meantime, 
however, we feel that it is necessary to apply to the court for 

 



  

Yetta G. Samford, Jdr., Esquire 
February 19, 
Page Two 

relief if we hope to get single-member district elections in 
10886. 

Best regards. 

Sincerely, 

BLACKSHER, ne 

   Yoeer ny 
mes U. Blacksher 

JUB:nwp 

Encl 

CC (w/encl) 

1986 

pt PEIN: P.A. 

£ Sle 

Dr. Joe L. Reed 
Mr. Jerome Gray 
Deborah Fins, Esq. 
¥W. Edward Still, Esq. 
Julius L. Chambers, Esq. 
Reo Kirkland, Jdr., Esq. 
Terry G. Davis, Esq. 

 



  

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

NORTHERN DIVISION 

JOHN DILLARD, et al., ) 

Plaintiffs, ) 

vs. J) C.A. No. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, et al., ) 

Defendants. ) 

DEFENDANTS 

  

Plaintiffs and the Lee County Defendants having submitted 

the following terms of settlement and for good cause shown, it is 

HEREBY ORDERED that Defendants Lee County, qua County; Hal Smith, 

in his official capacity as Probate Judge of Lee County, Annette 

H. Hardy, in her official capacity as Circuit Clerk of Lee 

County, and Herman Chapman, in his official capacity as Sheriff 

of Lee County; thelr agents, attorneys, employees and those 

acting in concert with them or at their direction are ENJOINED as 

follows: 

1. The elections for the Lee County Commission to be held in 

1986 will be held from five single-member districts. When the 

newly elected commissioners take office, the Lee County 

Commission shall consist of five commissioners elected for 

 



  

four-year terms from single-member districts. 

2. The boundaries of the single-member districts shall be as 

shown on the map attached as Exhibit A and as described in 

Exhibit B. 

3. Following their election from single-member districts, 

the county commissioners shall elect one of their number to be 

president of the commission. The president of the commission 

shall preside at meetings of the county commission and shall set 

the agenda, but shall receive no more compensation than does any 

other commissioner. 

4. The Lee County Commission shall be empowered to appoint a 

full time county administrator. 

5. The plaintiffs are prevailing parties for the purpose of 

the award of attorneys’ fees and expenses. Following final 

approval by the Court of a single-member district plan, the 

parties shall attempt to negotiate and settle the amount of 

attorneys’ fees and expenses, but if no agreement can be reached 

after 45 days from the date of final approval of the plan, the 

plaintiffs may file a motion for attorneys’ fees and expenses and 

supporting documentation. Defendants shall file a response to 

said motion, identifying those portions of the fees to which they 

object and admit to. The parties may conduct such discovery as 

may be indicated. Thereafter, the Court will schedule a hearing 

on the motion at the earliest practicable date. 

 



  

6. Lee County shall promptly submit for preclearance under 

Section 5 of the Voting Rights Act the plans attached to this 

consent decree as exhibits A and B. Because of the impending 1986 

primary and general elections, the Court will not defer 

consideration of the agreed upon plan for completion of the 

preclearance process. Rather, the Court shall determine whether 

the agreed upon plan should be approved, and, if not, it shall 

enter its own single-member district plan in time for its use in 

the 1086 primary elections. 

7. If the agreed upon plan is approved by the Court and 

subsequently is denied preclearance under Section 5 of the Voting 

Rights Act, the 1986 elections nevertheless shall be conducted 

under the court-approved plan. However, plaintiffs and the Lee 

County defendants shall be given a reasonable opportunity to 

obtain preclearance of another agreed upon plan to be used in 

subsequent county commission elections. 

8. Following final approval of a single-member district plan 

by this Court, the Lee County Commission shall request the 

Legislature of Alabama, through the Lee County local delegation, 

to enact the finally approved single-district plan as state law. 

The finally approved court-ordered plan shall remain in effect 

only until the Legislature of Alabama shall adopt a plan which 

meets the requirements of the laws and Constitution of the United 

States. 

 



  

  

DONE this day of , 1986. 

  

UNITED STATES DISTRICT JUDGE 

Agreed to: 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Bldg. 
P. 0. Box 1051 
Mobile, Alabama 36633 
(205) 433-2000 

BY: 

LARRY T. MENEFEE 

JAMES U. BLACKSHER 

WANDA J. COCHRAN 

  

TERRY G. DAVIS 
SEAY & DAVIS 
732 Carter Hill Road 

P. O. Box 6125 
Montgomery, Alabama 36106 
(205) 834-2000 

DEBORAH FINS 
JULIUS L. CHAMBERS 
NAACP LEGAL DEFENSE FUND 
99 Hudson Street, 16th Floor 
New York, New York 10013 

(212) 2198-1900 

EDWARD STILL 
REEVES & STILL 
714 South 29th Street 
Birmingham, Alabama 35233-2810 
(205) 322-6631 

REO KIRKLAND, Jr. 

307 Evergreen Avenue 
P. O. Box 646 
Brewton, Alabama 36427 

(205) 867-5711 

 



  

Attorneys for Plaintiffs 

SAMFORD, DENSON,HORSLEY, PETTEY, MARTIN & BARRETT 

709 Avenue, A 
P. O.Box 2345 
Opelika, AL 36803-2345 

BY: 
  

YETTA G. SAMFORD, JR. 

Attorney for Defendants Lee County, et al. 

5 

 



  

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

NORTHERN DIVISION 

JOHN DILLARD, et al., ) 

Plaintiffs, ) 

vs. ) C.A. No. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, et al., ) 

Defendants. ) 

MOTION FOR LEAVE TO AMEND THE COMPLAINT 
TO ADD LEE CQUNTY 

Plaintiffs John Dillard, et al., through their undersigned 

counsel, pursuant to Rules 15(a) and 20, F.R.C.P., move the Court 

to enter an order permittting a further amendment to the 

Complaint to add plaintiffs and defendants from Lee County. As 

grounds for their motion, plaintiffs would show as follows: 

1. By order dated December 19, 1985, the Court granted 

plaintiffs’ motion to amend their complaint to add plaintiffs and 

defendants from seven other counties. When plaintiffs filed 

their motion on December 13, 1985, to add the other counties, it 

appeared that Lee County had voluntarily agreed to change from 

at-large elections to single-member district elections. Now 

unanticipated problems have arisen which cast doubt on whether 

 



  

the change in Lee County will be made voluntarily. 

2. In August and September, 1985, the Lee County Branch of 

the Alabama Democratic Conference, on behalf of black citizens of 

Lee County, appeared before the Lee County Commission to request 

8 change from at-large elections to single-member district 

elections of the county commission. The Lee County Commission 

responded by appointing a bi-racial committee to consider the 

question. 

3. Over the next several months, the committee deliberated 

and ultimately submitted a recommendation to the county 

commission that the method of election of county commissioners be 

changed to single-member districts and that the districts be 

drawn according to a plan which had been agreed upon with the Lee 

County ADC. 

4. Shortly thereafter, the Lee County Commission voted 4 to 

1 to accept the recommendation of the bi-racial committee and 

asked the Lee County local legislative delegation to enact the 

recommended election plan as a local law. 

5. Under these circumstances, Lee County was not named as 

one of the seven additional counties to be added to the instant 

action in December 1985. 

6. Within the past month, the Lee County Legislative 

Delegation has refused to advertise a local bill to implement the 

agreed upon change to single-member districts. Apparently, the 

 



  

local delegation has been reluctant to act in light of opposition 

from elected officials in the City of Auburn. 

7. Within the past two weeks, meetings have been held 

between the Lee County Commission and the officials from Auburn 

to hear their complaints about the manner in which the 

single-member districts are drawn. As a result of these 

meetings, the Lee County Commission voted again, this time 

unanimously, to stand by its recommendation to the local 

delegation. 

8. However, the local legislative delegation apparently is 

not satisfied, and it has scheduled additional public hearings on 

the question of whether it should introduce a bill to implement 

the change to single-member districts as recommended. 

©. Because of the uncertainty created by the reluctance of 

the Lee County local legislative delegation to act, it now 

appears that litigation may be necessary to enforce the voting 

rights of black citizens of Lee County. 

10. The amendment that plaintiffs seek will not unreasonably 

delay the litigation, including the hearing on preliminary 

injunction, and will not prejudice the defendants, but will help 

assure the efficient, consistent, inexpensive and speedy 

administration of the voting rights claims asserted herein. 

11. If plaintiffs are able to establish their entitlement to 

a preliminary injunction under a theory of historical, statewide, 

 



  

intentional discrimination on the part of the Alabama 

Legislature, black citizens in all Alabama counties where 

at-large county commission elections deny them a full, equal and 

effective opportunity to elect candidates of their choice should 

be entitled to speedy relief. 

12. The present governing body of Lee County has acted 

responsibly in attempting voluntarily to change the law requiring 

at-large, racially dilutive elections. Black citizens whose 

voting rights are at stake should not be rquired to suffer delay 

and injury because of the recalcitrance of the Lee County local 

legislative delegation. 

13. This court has jurisdiction of the claims in the further 

amended complaint, just as it has jurisdiction over the original 

complaint, pursuant to 28 U.S.C. Sections 1331, 1343 and 42 

U.S.C. Section 1973(J)($). 

WHEREFORE, plaintiffs pray that the court will enter an 

order allowing the further amended complaint and directing that 

sunmons and copies of the amended complaint be served upon the 

Lee County Defendants. 

Respectfully submitted this [4 day of February, 1986. 

BLACKSHER, MENEFEE & STEIN, P.A. 

405 Van Antwerp Bldg. 
P. O. Box 108] 
Mobile, Alabama 36633 

(205) 433-2000 

 



1. A 793 72/90 
LARRY T. MENEFEE 
JAMES U. BLACKSHER 
WANDA J. COCHRAN 

    

BY: 

TERRY G. DAVIS 

Seay & Davis 
732 Carter Hill Road 
P. O. Box 8125 

Montgomery, Alabama 36106 
(205) 834-2000 

DEBORAH FINS 
JULIUS L. CHAMBERS 
NAACP Legal Defense Fund 
99 Hudson Street, 16th Floor 

New York, New York 10013 

(212) 219-1900 

EDWARD STILL 
REEVES & STILL 
714 South 29th Street 
Birmingham, Alabama 35233-2810 
(205) 322-6631 

REO KIRKLAND, Jr. 
307 Evergreen Avenue 
P. O. Box 646 

Brewton, Alabama 36427 

(205) 867-5711 

Attorneys for Plaintiffs 

CERTIFICATE OF SERVICE 

I do hereby certify that on this 19 day of February, 1986, a 

copy of the foregoing MOTION FOR LEAVE TO AMEND THE COMPLAINT TO 

ADD LEE COUNTY was served upon the following counsel of record: 

 



  

H. BR. Burnham, Esq. 
Burnham, Klinefelter, Halsey, Jones & Carter 
P, O. Box 16135 
Anniston, AL 36202 Attorney for Defendants Calhoun Co, et al. 

Warren Rowe, Esq. 
Rowe ¥ Sawyer 
P. O. Box 150 
Enterprise, AL 36331 Attorney for Defendants Coffee Co, et al. 

Alton L. Turner, Esq. 
Turner & Jones 
P. 0. Box 307 
Luverne, AL 36049 Attorney for Defendants Crenshaw Co., et al. 
(205) 335-3302 

James W. Webb, Esq. 
¥Vebb, Crumpton, McGregor, Schmaeling & Wilson 
P. 0. Box 238 
Montgomery, AL 36101 

Lee M. Otts, Esq. 
Otts & Moore 
P. O. Box 487 
Brewton, AL 36427 Attorneys for Defendants Escambia Co., et al.; 

Jack Floyd, Esq. 
Floyd, Keener & Cusimano 
816 Chestnut Street 
Gadsden, AL 35999 Attorney for Defendants Etowah Co., et al. 

D. L. Martin, Esq. 

215 South Main Street 

Moulton, AL 35650 

David R. Boyd, Esq. 
Balch and Bingham 
P.O. Box 78 Attorneys for Defendants Lawrence Co., 
Montgomery, AL 36101 Larry Smith & Dan Ligon 

James G. Speake, Esq. 
Speake, Speake & Reich 
P. 0. Box 5 Attornsy for Richard I. Proctor of 
Moulton, AL 35650 Lawrence Co. 

¥. O. Rirk, Jv., PBsqg. 
Curry & Kirk 
P. O. Box A-B 
Carrollton, AL 35447 Attorney for Defendants Pickens Co., et al. 

 



  

Barry D. Vaughn, Esq. 
Proctor & Vaughn 
121 North Norton Avenue 
Sylacauga, AL 35150 Attorney for Defendants Talladega Co., et al. 

by depositing same in the United States Mail, postage prepaid. 

  

LE.) / 
NDE UL ~~ 

FOR PLAINTIFFS 

   



  

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

NORTHERN DIVISION 

JOHN DILLARD and HAVARD RICHBURG 
of Crenshaw County; NATHAN CARTER, 
SPENCER THOMAS and WAYNE ROWE 
of Etowah County; HOOVER WHITE, 
MOSES JONES, Jr., and ARTHUR TURNER 
of Lawrence County; DAMACUS 
CRITTENDEN, Jr., RUBIN MCKINNON, and 
WILLIAM S. ROGERS of Coffee County; 
EARWEN FERRELL, RALPH BRADFORD and 
CLARENCE J. JAIRRELS OF Calhoun 
County; ULLYSSES McBRIDE, JOHN T. 
WHITE, WILLIE McGLASKER, WILLIAM 
AMERICA and WOODROW McCORVEY of 
Escambia County; LOUIS HALL, dJr., 

ERNEST EASLEY, and BYRD THOMAS of 
Talladega County; MAGGIE BOZEMAN, 

JULIA WILDER, BERNARD JACKSON and 
WILLIE DAVIS of Pickens County, 
LINDBURGH JACKSON, MRS. CAROLYN 
BRYANT and REV. GEORGE BANDY of Lee 
County on behalf of themselves and 
other similarly situated persons, ¥ 

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Plaintiffs, X 

vs. * CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, qua COUNTY; 
IRA THOMPSON HARBIN, JERRY L. 
REGISTER, AMOS MCGOUGH, EMMETT L. 
SPEED, and BILL COLQUETT, in their 
official capacities as members of 
the Crenshaw County Commission; IRA 
THOMPSON HARBIN, in his official 
capacity as Probate Judge; ANN TATE, 
in her official capacity as Circuit 
Clerk; FRANCES A. SMITH, in her 
official capacity as Sheriff of 
Crenshaw County; ETOWAH COUNTY, ® 

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ALABAMA, gua COUNTY; LEE 
WOFFORD, in his official capacity as 
Probate Judge; BILLY YATES, in his 

officlal capacity as Circuit Clerk; 
ROY McDOWELL, in his official 
capacity as Sheriff of Etowah County; 
LAWRENCE COUNTY, ALABAMA, gua 
COUNTY; RICHARD I. PROCTOR, in his 
official capacity as Probate Judge; 
LARRY SMITH, in his official capcity 
as Circuit Clerk; DAN LIGON, in his 
official capacity as Sheriff of 
Lawrence County; COFFEE COUNTY 
ALABAMA, gua COUNTY; MARION 
BRUNSON, in his official capacity as 
Probate Judge; JIM ELLIS, in his 
official capacity as Circuit Clerk; 
BRICE R. PAUL, in his official capa- 
Clty as Sheriff of Coffee County; 
CALHOUN COUNTY, ALABAMA, qua 
COUNTY, ARTHUR C. MURRAY, in his 
official capacity as Probate Judge; 
R. FORREST DOBBINS, in his official 
capacity as Circuit Clerk; ROY C. 
SNEAD, dr., in his official capacity 
as Sheriff of Calhoun County; 
ESCAMBIA COUNTY, ALABAMA, qua 
COUNTY; MARTHA KIRKLAND, in her 
official capacity as Probate Judge; 
JAMES D. TAYLOR, in his official 
capacity as Circuit Clerk; TIMOTHY 
A. HAVSEY, in his official capacity 
as Sheriff of Escambia County; 
TALLADEGA COUNTY, ALABAMA, qua ¥ 

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COUNTY; DERRELL HANN, in his official* 
capacity as Probate Judge; SAM GRICE, 
in his official capacity as Circuit 
Clerk; JERRY STUDDARD, in his 
official capacity as Sheriff of 
Talladega County; PICKENS COUNTY, 
ALABAMA, qua COUNTY; WILLIAM H. 
LANG, Jr., in his official capacity 
as Probate Judge; JAMES E. FLOYD, in 
his official capacity as Circuit 
Clerk; and, LOUIE C. COLEMAN, in his 
official capacity as Sheriff of 
Pickens County; LEE COUNTY, ALABAMA, 
qua COUNTY; HAL SMITH, in his 
official capacity as Probate Judge; 
ANNETTE H. HARDY, in her official 

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capacity as Circuit Clerk; and, 3 
HERMAN CHAPMAN, in his official 
capacity as Sheriff of Lee County, %*

 
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Defendants. 3 

SECOND AMENDED COMPLAINT 

I. 

Jurisdiction 

1. Jurisdiction of this court is invoked pursuant to 28 

U.S.C. sections 1331 and 1343, and 42 U.S.C. section 1973(j)(f). 

This 1s a suit in equity arising out of the Constitution of the 

United States; the fourteenth and fifteenth amendments and 42 

U.5.C. sections 1973, 1983 and 1988. This is also an action for 

declaratory judgment under the provisions of 28 U.S.C. sections 

2201 and 2202. 

II. 

Class Action 

2. Plaintiffs bring this action on their own behalf and on 

behalf of all other persons similarly situated, pursuant to Rule 

23(a) and 23(b)(2), Federal Rules of Civil Procedure. The class 

which plaintiffs represent is composed of all black citizens of 

Crenshaw County, Alabama; Etowah County, Alabama; Lawrence 

County, Alabama; Coffee County, Alabama; Calhoun County, Alabama; 

Escambia County, Alabama; Talladega County, Alabama; Pickens 

 



  

County, Alabama; and, Lee County, Alabama. All such persons have 

been, are being, and will be adversely affected by the 

defendants’ practices complained of herein. The class 

constitutes an identifiable social and political minority in the 

community who have suffered and are suffering invidious 

discrimination. There are common questions of law and fact 

affecting the rights of the members of this class who are and 

continue to be deprived of the equal protection of laws because 

of the election system detailed below. These persons are sO 

numerous that joinder of all members is impracticable. There are 

questions of law and fact common to plaintiffs and the class they 

represent. The interest of said class is fairly and adequately 

represented by the named plaintiffs. The defendants have acted 

or refused to act on grounds generally applicable to the class, 

thereby making appropriate final injunctive relief and 

corresponding declaratory relief with respect to the class as a 

whole. 

Ilr. 

Plaintiffs 

8. Plaintiffs John Dillard and Havard Richburg are black 

citizens of Crenshaw County, Alabama, over the age of twenty-one 

years. 

4. Plaintiffs Nathan Carter, Spencer Thomas and Wayne Rose 

 



  

are black citizens of Etowah County, Alabama, over the age of 

twenty-one years. 

5. Plaintiffs Hoover White, Moses Jones, Jr., and Arthur 

Turner are black citizens of Lawrence County, Alabama, over the 

age of twenty-one years. 

6. Plaintiffs Damacus Crittenden, Jr., Rubin McKinnon and 

¥illiam S. Rogers are black citizens of Coffee County, Alabama, 

over the age of twenty-one years. 

7. Plaintiffs Earwen Ferrell and Ralph Bradford are black 

citizens of Calhoun County, Alabama, over the age of twenty-one 

years. 

8. Plaintiffs Ullysses McBride, John T. White, Willie 

McGlasker, William America and Woodrow McCorvey are black 

citizens of Escambia County, Alabama, over the age of twenty-one 

years. 

9. Plaintiffs Louis Hall, Jr., Ernest Easley and Byrd Thomas 

are black citizens of Talladega County, Alabama, over the age of 

twenty-one years. 

10. Plaintiffs Maggie Bozeman, Julia Wilder, Bernard Jackson 

and Willie Davis are black citizens of Pickens County, Alabama, 

over the age of twenty-one years. 

11. Plaintiffs Lindburgh Jackson, Mrs. Carolyn Bryant and 

Rev. George Bandy are black citizens of Lee County, Alabama, over 

the age of twenty-one years. 

 



  

IV. 

Defendants 

12. Defendants Crenshaw County, Etowah County, Lawrence 

County, Coffee County, Calhoun County, Escambia County, Talladega 

County, Pickens County, and Lee County are political subdivisions 

of the State of Alabama. 

15. Ira Thompson Harbin, Jerry L. Register, Amos McGough, 

Emmett L. Speed, and Bill Colquett, are presently the elected 

members of the Crenshaw County Commission and are sued in their 

officlal capacities as members of said Commission. They exercise 

the general administrative and legislative authority of Crenshaw 

County. 

14. Defendants Ira Thompson Harbin, Ann Tate, Frances A. 

Smith, Lee Wofford, Billy Yates, Roy McDowell, Richard I. 

Proctor, Larry Smith, Dan Ligon, Marion Brunson, Jim Ellis, Brice 

R. Paul, Arthur C. Murray, R. Forrest Dobbins, Roy C. Snead, dJr., 

Martha Kirkland, James D. Taylor, Timothy A. Hawsey, Derrell 

Hann, Sam Grice, Jerry Studdard, William H. Lang, Jr., James E. 

Floyd, Louie C. Coleman, Hal Smith, Annette H. Hardy, and Herman 

Chapman are sued in their official capacities as, Probate Judges, 

Circuit Clerks and Sheriffs of the defendant counties. These 

elected officials act as an election board to supervise and 

 



  

conduct elections in each of their respective counties, pursuant 

to the provisions of the Ala. Code, section 17-6-1 (Supp. 1985). 

Vv. 

15. Crenshaw County is governed by five commissioners. The 

probate judge serves as chairman of the County Commission. The 

Commissioners are elected at large by the qualified voters of the 

County for four-year terms. The elections are partisan, that is 

to say, that candidates are nominated by their respective 

political parties through party primary elections. The election 

system utilizes numbered places with a majority-vote, runoff 

requirement. This election system is povided for in Act No. 112 

of the 1971 Alabama Legislature. The next regularly scheduled 

election for Crenshaw County Commission is 1986. 

16. According to the 1980 census, Crenshaw County has a 

population of 14,110 persons, of which 3,378 or 26.5% are black. 

All of the present officeholders of the Crenshaw County 

Commission are white. There has never been a black citizen in 

history elected to the Crenshaw County Commission. 

17. Calhoun County is governed by three commissioners. 

Commissioners are elected at large by the qualified voters of the 

county for four-year terms. The elections are partisan, that is 

to say, that candidates are nominated by their respective 

political parties through party primary elections. The election 

 



  

system utilizes numbered places with a majority-vote, runoff 

requirement. This election system 1s provided for in Act No.420 

of the regular session of the 1939 Alabama Legislature. 

Apparently an effort to change to single-member district 

elections and enlarge the commission to five members was defeated 

in 1951. Act No.686 of the regular session of the 1951 Alabama 

Legislature. 

18. According to the 1980 census, Calhoun County has a total 

population of 119,761 persons, of which 22,448 or 18.8% are 

black. All of the present officeholders of the Calhoun County 

Commission are white. There has never been a black citizen in 

history elected to the Calhoun County Commission. 

19. Coffee County is governed by six commissioners. The 

commissioners are elected at large by the qualified voters of the 

entire county for four-year terms. The Probate Judge serves as 

chairman of the commission and votes only in case of a tie. The 

elections are partisan, that is to say, candidates are nominated 

by their respective political parties through party primary 

elections. The election system utilizes numbered places with a 

ma jority-vote, runoff requirement. This election system is 

provided for by Act No.571 of the 1953 session of the Alabama 

Legislature and Act No.1259 of the 1971 session of the Alabama 

Legislature. 

20. According to the 1980 census, Coffee County has a 

 



  

population of 38,533 persons, of which 6,897 or 17.9% are black. 

All of the present officeholders of the Coffee County Commission 

are vhite. There has never been a black citizen in history 

elected to the Coffee County Commission. 

21. Escambia County 1s governed by five commissioners. The 

commissioners are elected at-large by the qualified voters of the 

county for four-year terms. The elections are partisan, that is 

to say, the candidates are nominated by their respective 

political parties through party primary elections. The election 

system utlizes numbered places with a majority-vote, runoff 

requirement. This election system is provided for in Act No.41ll 

of the 1963 Alabama Legislature. 

22. According to the 1980 census, Escambia County has 38,440 

persons, of which 12,384 or 32.3% are black. All of the present 

officeholders of the Escambia County Commission are white. There 

has never been a black citizen in history elected to the Escambia 

County Commission. 

23. Etowah County is governed by five commissioners. 

Commissioners are elected at large by the qualified voters of the 

county for four-year terms. Four of the commissioners must be 

residents of one of the four residency districts. The fifth 

commissioner has no residency requirement and serves as the 

chairman of the commission. Elections are partisan, that is to 

say, the candidates are nominated by their respective political 

 



  

parties through party primary elections. The election system 

utilizes numbered places with majority-vote, runoff requirement. 

The election system 1s provided for in Act No.398 of the 1955 

Alabama Legislature. 

24. According to the 1980 census, Etowah County has a 

population of 103,057 persons, of which 14,251 or 13.8% are 

black. All of the present officeholders of the Etowah County 

Commission are white. There has never been a black citizen in 

history elected to the Etowah County Commission. 

25. Lawrence County is governed by five commissioners. 

Commissioners are elected at large by the qualified voters of the 

county for four-year term. The elections are partisan, that is 

to say, the candidates are nominated by their respective 

political parties through party primary elections. The election 

system utilizes numbered places with a majority-vote, runoff 

requirement. This election system is provided for in Act No.138 

of the 1969 Alabama Legislature. 

26. According to the 1980 census, Lawrence County has 30,170 

persons, of which 5,157 or 17.1% are black. All the present 

officerholders of the Lawrence County Commission are white. 

There has never been a black citizen in history elected to the 

Lawrence County Commission. 

27. Pickens County is governed by five commissioners. The 

Probate Judge serves as chairman of the county commission. The 

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commissioners are elected at-large by the qualified voters of the 

county for four-year terms. The elections are partisan, that is 

to say, that candidates are nominated by their respective 

political parties through party primary elections. The election 

system utlizes numbered places with the majority-vote, runoff 

requirement. This election system is provided for in Act No.442 

of the 1963 Alabama Legislature. 

28. According to the 1980 census, Pickens County has a 

population of 21,481 persons, of which 9,030 or 42% are black. 

All of the present officeholders of the Pickens County Commission 

are white. There has never been a black citizen in history 

elected to the Pickens County Commission. 

20. Talladega County is governed by five commissioners. The 

Probate Judge serves as chairman of the county commission. The 

commissioners are elected at large by the qualified voters of the 

county for four-year terms. The elections are partisan, that 1s 

to say, the candidates are nominated by their respective 

political parties through party primary elections. The election 

system utilizes numbered places with majority-vote, runoff 

requirement. This election system is provided for in Act No.544 

of the 1950 Alabama Legislature. 

30. According to the 1980 census, Talladega County has a 

population of 73,826 persons, of which 22,904 or 31% are black. 

All of the present officeholders of the Talladega County 

 



  

Commission are white. There has never been a black citizen in 

history elected to the Talladega County Commission. 

31. Lee County is governed by four commissioners. The 

Probate Judge serves as chair of the county commission. The 

commissioners are elected at large by the qualified voters of the 

county for four-year terms. The elections are partisan, that is 

to say, the candidates are nominated by their respective 

political parties through party primary elections. The election 

system utilizes numbered places with majority-vote, runoff 

requirement. This election system is provided for in the general 

laws of Alabama and by local Acts. 

32. According to the 1980 census, Lee County has a 

population of 56,869 persons, of whom 18,852 or 32.8% are black. 

All of the present officeholders of the Lee County Commission are 

white. There has never been a black citizen in history elected 

to any county-wide office in Lee County. 

33. From at least 1875 to the present the State of Alabama 

has instituted and maintained a policy, scheme, pattern and 

practice of creating and/or maintaining at-large election systems 

with the specific purpose of denying and abridging black 

cltizens’' right to vote by submerging the voting strength of 

black citizens in the defendant counties with respect to the 

election of county governing bodies. 

34. The State of Alabama for over 100 years has consistently 

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resorted to the use of at-large elections with various enhancing 

devices, as described more fully below, whenever there was any 

perceived possibility of black citizens electing candidates of 

their choice, or having any significant influence on the election 

of candidates of their choice to the county governing bodies. 

85. When blacks were totally excluded from the electorate, 

there are numerous instances of the use of single-member 

districts instead of at-large election schemes when blacks 

constituted majorities in particular counties. 

36. The state employed other devices to thwart the will of 

black citizens: it made the appointment of county governing 

bodies by the governor. This intentionally discriminatory state 

scheme was perpetrated by the legislative and executive branches 

of government, initially controlled by the local legislative 

delegation in each county. 

387. As part of this intentional policy, scheme, pattern and 

practice to deny black voters an equal opportunity to participate 

in county government, the State of Alabama also utilized, at 

various times, to the unique disadvantage of black citizens, a 

system of single-member district elections during the all-white 

Democratic primaries, with the general election conducted 

at-large in the majority white counties. 

38. The State of Alabama as part of this policy, schene, 

pattern and practice also utilized a variety of enhancing 

 



  

. # 

devices. Initially, provisions against anti-single shot voting 

were employed, but these were later replaced by numbered post 

requirements and majority-vote, runoff requirements. All of the 

defendant counties utilize majority-vote, runoff requirements 

with numbered posts. Consistent with this racially 

discriminatory policy, scheme, pattern and practice to 

disadvantage black citizens, the state imposed majority-vote 

requirements for general elections in those counties where 

non-partisan county commission elections were held, but there 

were no ma jority-vote requirements for general elections in 

counties that held partisan primaries. 

39. From 1875 to about 1901, when some blacks were still 

permitted to vote and constituted majorities in some Alabama 

counties, the policy, scheme, pattern and practice of abridging 

the rights of black citizens were effectuated by abolishing all 

elections in those counties only. The county commissioners were 

appointed by the governor in the majority black counties during 

this period of time. 

40. The system of at-large elections with numbered posts and 

na jority-vote requirements as presently operated in the defendant 

counties was originally designed and has been maintained by the 

State of Alabama for the purpose and intent of abridging, denying 

and submerging black voting strength. 

41. The intentionally discriminatory at-large election 

 



  

system in these defendant counties have discriminatory effects 

today. No black person has ever been elected to the county 

commission in any of the defendant counties. Each of these 

counties 1s currently operating under statutes passed by the 

Alabama Legislature, pursuant to this state-wide policy, schene, 

pattern and practice which were enacted during a time in Alabama 

history when racial feelings and prejudices were especially 

virulant. 

42. The at-large election systems utilized in the defendant 

counties were enacted and/or maintained for the purpose of 

denying and abridging the voting rights of black citizens and 

when coupled with racially polarized voting patterns, they have 

the intended effect. 

VI. 

43. Plaintiffs and the class they represent have no plain, 

adequate or complete remedy at law to redress the wrongs alleged 

herein and this suit for permanent injunction is their only means 

of securing adequate relief. Plaintiffs and the class they 

represent are now suffering and will continue to suffer 

irreparable injury from the unconstitutional election system 

described herein. 

WHEREFORE, plaintiffs respectfully pray that this court 

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advance this case on the docket, order a speedy hearing at the 

earliest practical date, cause this action to be in every way 

expedited, and upon such hearing to: 

1. Grant the plaintiffs and the class they represent a 

declaratory judgment that the election systems complained of 

herein violates the fourteenth and fifteenth amendments of the 

Constitution of the United States, and 42 U.S.C. sections 1973 

and 1983. 

2. Grant plaintiffs and the class they represent a temporary 

restraining order, preliminary and final injunction, enjoining 

the defendants, their agents, successors, attorneys and those 

acting in concert with them and at their direction from holding, 

supervising or certifying the results of any election for the 

defendant county commissions under the present election systems. 

3. Order the utilization of an election system for the 

defendant county commissiona which will provide equal access to 

the political process and will not debase, dilute, minimize or 

cancel the voting strength of black citizens of the defendant 

counties. 

4. Award plaintiffs and the class they represent their costs 

in this acion, including an award of reasonable attorneys’ fees 

and expenses, pursuant to 42 U.S.C. sections 1973 and 1988. 

5. Grant such other and further equitable relief as the 

court may deem just and proper. 

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Respectfully submitted this /4 day of Feb. 

108.4 . 

  

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Bldg. 

P.O. Box 1051 
Mobile, Alabama 36633 

(205) 433-2000 

  

LARRY T. MENEFEE 
MES U. BLACKSHER 

WANDA J. COCHRAN 

TERRY G. DAVIS 
Seay & Davis 
732 Carter Hill Road 
P. O. Box 6125 
Montgomery, Alabama 36106 
(205) 834-2000 

DEBORAH FINS 

JULIUS L. CHAMBERS 
NAACP Legal Defense Fund 
99 Hudson Street, 16th Floor 
New York, New York 10013 
(212) 219-1900 

EDWARD STILL 
REEVES & STILL 
714 South 29th Street 
Birmingham, Alabama 35233-2810 

(205) 322-6831 

REO KIRKLAND, Jr. 
307 Evergreen Avenue 
P. O. Box 646 
Brewton, Alabama 36427 

(205) 887-5711 

Attorneys for Plaintiffs 

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