Correspondence from Lani Guinier to Frank Parker(Lawyers Committee for Civil Rights Under Law)

    10 Columbus Circle 
New York, N.Y. 10019 
JUdson 6-8397 

NAACP 

Legal Defense and Educational Fund 
PRESS RELEASE 
President 

Hon. Francis E. Rivers FOR RELEASE 
Director-Counsel SATURDAY 

Jack Greenberg November 4, 1966 

NEW RACE OFFERED NEGRO CANDIDATES 
IN GREENE COUNTY,ALABAMA ELECTION 

Federal Court Postpones November 8th Voting 

MONTGOMERY---The NAACP Legal Defense Fund attorneys won a landmark 
decision when a three-judge federal court ordered indefinite post- 

ponement of the November 8 elections for the offices of Sheriff and 

Tax Assessor in Greene County, Alabama. 

In reversing the decision of the lower courts, the Appellate 
Court ordered that the two Negro candidates (in whose behalf the 
appeal was filed) be allowed sufficient time to choose a party ticket 

on which to run. 

The dispute in the case stems from an order by Probate Judge 
Dennis Herndon, for Greene County, which refused permission to Thomas 
E, Gilmore and Percy hicShan to run for the offices of Sheriff and 
Tax Assessor respectively on the ticket of the newly organized Negro- 
dominated Greene County Freedom Party, Judge Herndon did not give 
any reason for his action, 

In his capacity as probate judge, Judge Herndon is responsible 
under Alabama law for the administration, regulation, and control of 
all elections held in Greene County, Alabama. 

Mr. Gilmore and Mr. McShan subsequently declared themselves 
candidates for the two offices in the Greene County Democratic primary 
held on May 3, 1966 but failed to win. 

LDF attorneys contested the primary results (in which at least 
1789 white persons voted) on the grounds that there are fewer than 
1500 qualified white voters in Greene County. Therefore, the 
attorneys concluded that "at least 289 white persons participated in 
the May 3 primary illegally," 

ir. Gilmore and Mr. McShan stand a good chance of winning the 
election because of the heavy concentration of Negro voters in Greene 
County. 

According to the 1960 census, the total population of Greene 
County was 13,600, Of this number, 11,054, or 81%, were Negroes, and 
2,546, or 19%, were white persons. 

In November 1965, the Attorney General of the United States 
designated Greene County for the appointment of federal registrars 
after determining that the Negro residents were "intentionally and 
systematically" denied the right to vote on account of their color. 

With the help of the registrars, approximately 3200 Negroes were 
registered between November 1965 and May 3, 1966, bringing the total 
Negro registration in Greene County to approximately 3821, Most of 
the Negro registrants are illiterate. 

Under Alabama law, illiterate voters unable to mark or designate 
their own choices on the ballots are permitted to obtain the services 
of two or more voting officials to assist them in casting their ballots 

(more) 
Jesse DeVore, Jr., Director of Public Information—Night Number 212 Riverside 9-8487 <=. ® 



NEW RACE OFFERED NEGRO CANDIDATES -2- November 5, 1966 

IN GREENE COUNTY,ALABAMA ELECTION 

However, the LDF attorneys, in their earlier suit filed with the 

U.S. District Court for the Northern District of Alabama, charged 

that a series of irregular and illegal procedures were employed by 

the voting officials, depriving the illiterate voters of their rights, 

privileges, and immunities under the law. 

LDF attorneys charged that, under instructions from Judge Herndon, 

the voting officials "uniformly and consistently" refused permission 

for illiterate Negroes to utilize sample ballots or cards. 

LDF lawyers further charged that, because of this restriction, 

the illiterate voters were forced to ask for the assistance of white 

voting officials who in "numerous instances refused to mark the 

ballots as instructed, and instead they designated the votes for the 

various white candidates." 

Lastly, the suit also pointed out that the official registration 

list of qualified voters contained names of white persons who are no 

longer qualified to vote in Greene County because of death or con- 

tinuous nonresidence, 

A similar case is pending an appeal in Alabama where LDF 
attorneys have sued the election officials in Bullock County for 

"encouraging and permitting” illegal procedures in the casting of 

ballots during the Democratic primary elections held on May 3, 1966. 

The attorneys for the Legal Defense Fund in this case are 

Oscar Adams and Demetrius Newton of Birmingham, and Director-Counsel 

Jack Greenberg, Fred Wallace, Charles Jones, Jr., and Norman Amaker 

of New York City. 

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