Plaintiffs' Witness List; Plaintiffs' Exhibit List; Alabama Briefs Volume II No. 2; Methods of Election - County Commissions

    ny 
/ % * GPF 

BLACKSHER, MENEFEE & STEIN, P.A. 

ATTORNEYS AT Law 

  

405 VAN ANTWERP BUILDING 

P. O. BOX 105) 

MOBILE, ALABAMA 36633-1051 

JAMES U. BLACKSHER TELEPHONE 

nN " ’ 2 3 3 $3 ’s LARRY T. MENEFEE February 24, 1986 (20S) 433-2000 
GREGORY B. STEIN 

WANDA J COCHRAN 

Mr. Thomas C. Caver, (Clerk 
United States District Court 
Middle District of Alabama 
P. 0. Box 711 
Montgomery, Alabama 36101 

Re: “Dillaxd, et al. v. Crenshaw County, et al. 
C.A. No. 85-T-1332-N 
  

Dear Mr. Caver: 

Please file the enclosed Plaintiffs' Exhibit List and Plain- 

tiffs' Witness List in the above-styled case. 

Best regards. 

Sincerely, 

BLACKSHER, MENEFEE & STEIN, P.A. 
/ a 7 

—~ ~—— A 

— \ \ / 
Va 7 \ / - 

fA Sf 
rg Pd § 7) ? / i 

CACHE 

Wanda J. Cochran 

WJC:pfm 

Encl. 

 



  

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-K 

CRENSHAV COUNTY, ALABAMA, et al., ) 

Defendants. ) 

  

Pursuant to the Court's order of February 10, 19886, 

plaintiffs submit the following list of witnesses whom they may 

or will call at the preliminary injunction hearing: 

Mr. Earven Ferrell 

Route 4, Box 85-A 

Anniston, AL 

Mr. Ralph Bradford 
2505 W. 14th 
Anniston, AL 36201 

Mr. Clarence Jairrels 

2309 McDaniel Avenue 

Anniston, AL 36201 

Dr. Ulysses McBride 
173 North 8th Avenue 
Atmore, AL 36502 

 



  

Mr. dohn T. ¥ynite 

P. O. Box 2205 

Fast Brewton, AL 36426 

Mrs. Willie Mae McGlasker 

173 Ashley Street 
Atmore, AL 36502 

Mr. William America 

Route 4, Box 286 

Atmore, AL 37502 

Mr. Woodrow McCorvey 
P. 0. Box 1004 
Atmore, AL 36502 

Mr. Wayne Rowe 
208 Keeling Road 
East Gadsden, AL 35903 

Mr. Spencer Thomas 
1010.8. 12th 
Gadsden, AL 35901 

Mr. NathanCarter 

1101 Brookside Drive 

Gadsden, AL 35901 

Mr. Hoover White 

P. O..Box 117 

Courtland, AL 35818 

Mr. Mose Jones, Jr. 

Route 2, Box 101-D 

Town Creek,AL 35672 

Mr. Arthur Turner 

P. O.: Box 1586 

North Courtland, AL 35618 

Mrs. Maggie Bozeman 
B16 9th Street, N.V. 
Aliceville, AL 35442 

Mr. Bernard Jackson 

P. O. Box 350 

Carrollton, AL 35447 

Mr. Willie Davis 

P. O. Box 462 

 



  

Reform, AL 35481 

Mr. Louis Hall, dr. 

P. O. Box 873 

Talladega, AL 35160 

Mr. Byrd Thomas 
1005 WW. Battle Street 
Talladega, AL 35160 

Mr. Ernest Easley 
Route 8, Box 
Talladega, AL 35160 

Ms. Poala Maranan 
P. O. Box 44% 
Montgomery, AL 86101 

Mr. Jerome Gray 
P. O. Box 8233 
Montgomery, AL 36106 

Dr. Peyton McCrary 
28 South Reed Street 

Mobile, Alabama 36604 

Mr. Gordon Henderson 

220 South 19th Street 
Richmond, IN 47374 

Respectfully submitted shiz 2% day Of February, 18886. 

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

"4 = A 

BY: fer ll tial bk LE Mote, 
LARRY T. MENEFEE 
JAMES U. BLACKSHER 
WANDA J. COCHRAN 

TERRY G. DAVIS 

SEAY & DAVIS 
732 Carter Hill Road 
P. 0. Box 8125 
Montgomery, Alabama 36106 

 



  

(205) 834-2000 

DEBORAH FINS 

JULIUS IL. 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. 0. Box 6486 
Brewton, Alabama 36427 

(205) 8687-5711 

Attorneys for Plaintiffs 

CERTIFICATE OF SERVICE 

7344 7% 
I 40 hereby certify that on this C7 day of February, 1988, a CODY 
of the foregoing pleading was served upon counsel of 

record: 

Alton L. Turner, Esq. 

404 Glenwood Avenue 
P. O. Box .207 
Luverne, AL 36049 Attorney for Defendants Crenshaw County, et al. 
(205) 335-3302 

Jack Floyd, Esq 
FLOYD, KEENER & CUSIMANO 

816 Chestnut Street 

Gadsden, AL 35999 Attorney for Defendants Etowah County, et al. 

(205) 547-6328 

PD. L. Martin, Esq. 
2185 South Main Street 

Moulton, AL 35650 

David R. Boyd, Esq. 

. 4 ce 

 



  

BALCH AND BINGHAM 
P. O. Box 78 
Montgomery, AL 36101 Attorneys for Defendants Lawrence County, 
(205) 834-6500 et al., 

AND 

James G. Speake, Esq. 
Speake, Speade & Reich 
101 Spring Street, N.V. 

P, O.Box 5 Attorney for Probate Judge, Richard I. Procto 
Moulton, AL 35650 Probate Judge of Lawrence County 

¥. 0. Kirk, Jr., Esq. 
CURRY & KIRK 
P. O. Box A-B 
Carrollton, AL 35447 Attorney for Defendants Pickens County, 
(205) 367-8125 et al. 

Varren Rowe, Esq. 
ROWE, ROWE & SAWYER 
P,.0O. Box 180 
Enterprise, AL 38331 Attorney for Defendants Coffee County, et al.; 
(R05) 347-3401 

James W. Webb, Esq. 
WEBB, CRUMPTON, MCGREGOR, SCHMAELING 

& WILSON 
166 Commerce Street 
P. O. Box 238 
Montgomery, AL 36101 
(205) 834-3176 

AND 
Lee Otts, Esq. 
OTTS &® MOORE 
P. 0. Box 467 
Brewton, AL 36427 
(205) 867-7724 Attorneys for Defendants Escambia County, et al. 

Barry D. Vaughn, Esq. 
PROCTOR & VAUGHN 
121 North Norton Avenue 

Sylacauga, AL 35150 Attorney for Defendants Talladega County, et al. 

H. R. Burnhan, Esq. 

P. O. Box 18618 
Anniston, AL 36202 Attorney for Defendants Calhoun County, et al. 

Yetta G. Samford, Esquire 
SAMFORD, DENSON, HORSLEY, PETTEY, 
MARTIN & BARRETT 

 



  

P. O. Box 2348 
Opelika, AL 36803 Attorney for Lee County Defendants, et al. 

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

  
CA da Jobnet b- pelosa.. 

ATTORNEY /FOR PLAINTIFFS 

 



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

NORTHERN DIVISION 

JOHN DILLARD, et al., 

Plaintiffs, 

vs. C.A. Xo. 85-T-1332-K 

CRENSHAW COUNTY, ALABAMA, 

Defendants. 

PLAINTIFFS ESHIBIT LIST 
  

Pursuant to the Court's order of February 10. , 1988, 

plaintiffs name the following documents as exhibits they may 

introduce or otherwise utilize at trial. 

1. "Bamnbling Reporter,” Demopolis Times, May 12, 1955 at 1, 
  

2. "Governor Folsom’s Total Surrender, ”, Demopolis Times, 
  

May 26, 1985 at 8, c¢ol.2. 

3. "Mashburn Blasts Invasion of Rights," Democrat-Reporter 
  

- 

(Marengo County), June 14, 1956 at 1, col.6. 

4. "The Ranmbling Reporter," Demopolis Times, June 18, 198585 
  

at 1, ¢c0l.1. 

5. "More Candidates Enter Campaign", Democrat Reporter 
   



  

(Marengo County), February 23, 1956 at 1, col.Z2. 

6. "Counsel Supports Amendment No.2,," Democrat Reporter 
  

(Marengo County), August 9, 1956 at 1, col.3. 

7. "Council Executive Supports Segregation Amendments 2 & 

3," Democrat Reporter (Marengo County), August 16, 1956 at 1, 

c0l.8. 

8. Advertisement, "Keep Segregation," Democrat Reporter 
  

(Marengo County), August 16, 1956. 

9. "Placement Law Good But Not Enough Says Hubert Baughn," 

Democrat Reporter (Marengo County) September 1, 1955 at 1,   

col .3. 

10. "Commissioners to Run Countywide as Madison Paves Way 

for State," Huntsville News, August 5, 1969 at 1, col.S.   

11. "Liuzzo Defendants Appear at Bladon Springs Klan Rally; 

One on Trial Yow," Choctaw Advocate, May 6, 1968 at 1, Co0l.4. 

12. "Entire County Governing Body Opposes Voting Change 

Proposed by Senator Evans," Choctaw Advocate, April 15, 1865 at   

1, co0l.4. 

13. "Klan Rally Draws Very Large Crowd," Choctaw Advocate, 

August 19, 1985 at 1, Co0l.3. 

14. "Choctaw Now In White Legislative District," Choctaw 

Advocate, October 7, 1965 at 1, col.4.   

15 "Interest Mounts As Referendum and Amendment Vote Is i 

Drawing Near," Choctaw Advocate, November 18, 1965 at 1, col.S. 
  

2 — 

 



  

_
—
 

Pass," Huntsville 

16. "Voters Reject Proposed County Election Change," Choctaw 

Advocate, December 2, 1965 at 1, col.l. 

17. "Commission Election, Personnel Bills 

Times, September 5, 1969 at 3, col.~. 

18. Memo dated September 14, 

Commission, 

Branch NAACP, 

12. Letter dated October 2, 

County Probate Judge. 

and the Lee County Voters’ League. 

1985 to the Lee County 

from Lee County Democratic Conference," Opelika 

1885 from Jerome Gray to Lee 

20. Letter dated October 8, 1985 from Jerome Gray to Yetta 

Samford re: Lee County Redistricting. 

21. Coffee County Election Returns for the March 13, 1984 

Democratic Presidential Preference Primary. 

22. Coffee County Election Returns for the September 4, 

1984, Democratic Primary Election. 

23. Coffee County Election Returns for the September 25, 

1984 Democratic Run-Off Election. 

24. Coffee County Electicn Returns for the November 6, 1984 

General Election. 

25. Coffee County Election Returns for the September 7, 1982 

Democratic Primary Election. 

26. Coffee County Election Returns for the September 28, 

1982, Democratic Primary Run-Off Eleciton. 

27. Coffee County Election Returns for the November 3, 19082 

Lr 4 
J 

 



  

General Election. 

28. Coffee County Election Returns for the September 2, 1980 

Democratic Primary Election. 

29. Coffee County Election Returns for the September 23, 

1980 Democratic Primary Run-Off Election. 

30. Coffee County Election Returns for the November 4, 1880 

General Election. 

31. Coffee County Election Returns for the September 5, 1878 

Democratic Election. 

32. Coffee County Election Returns for the September 26, 

1978 Democratic Primary Election. 

33. Coffee County Election Returns for the November 7, 1878 

General Election. 

34. Coffee County Election Returns for the May 4, 1976 

Democratic Primary Election. 

™ 

— 

38. Coffee County Election Returns for the May 25, 1976 

Democractic Primary Run-Off Election. 

38. Coffee County Election Returns for the November 32, 1076 

General Election. 

37. Coffee County Election Returns for the November 5, 1974 

General Election. 

38. Coffee County Election Returns for the May 2, 1972 

Democratic Primary Election. 

39. Coffee County Election Returns for the May 30, 1972 

 



  

Denocratic Run-Off Election. 

40. Coffee County Election Returns for 

Democratic Primary Election. 

41. Coffee County Election Returns for 

Democratic Primary Run-Off Election. 

42. Coffee County Election Returns for 

General Election. 

43. Etowah County Election Returns for 

Democratic Presidential Preference Primary. 

44. Etowah County Election Returns for 

1084, Democratic Primary Election. 

45. Etowah County Election Returns for 

1984 Democratic Primary Run-Off Election. 

46. Etowah County Election Returns 

General Election. 

Returns 47. Etowah County Election 

Democratic Primary Election. 

48. Etowah County Electicn Returns for 

Primary Run-Off Election. 

49. Etowah County Election Returns for 

General Electlon. 

80. Etowah County Election Returns for 

Democratic Primary Election. 

51. Etowah County Election Returns for 

  

the 

the 

the 

the 

the 

the 

the 

the 

the 

May 5, 1970 

November 3, 1970 

March 13, 1984 

September 4, 

September 25, 

November 6, 1984 

September 7, 1982 

1882 Democratic 

November 2, 1982 

September 2, 19880 

September 23,



  

1980 Democratic Primary Run-Off Election. 

52. Etowah County Election Returns for 

General Election. 

53. Etowah County Election Returns for 

Democratic Primary Election. 

54. Etowah County Election 

1978 Democratic Primary Run-Off Election. 

55. Etowah County Election Returns for 

General Election. 

56. Etowah County Election Returns for 

Democratic Primary Election. 

57. Etowah County Election Returns for 

Democratic Primary Run-Off Election. 

58. Etowah County Election Returns for 

General Election. 

59. Etowah County Election Returns for 

Democratic Primary Election. 

60. Etowah County Electicn Returns for 

Democratic Primary Run-Off Election. 

6l. Etowah County Election Returns for 

Special Democratic Pirmary Election. 

62. Etowah County Election Returns for 

Democratic Primary Run-Off Election. 

63. Etowah County Election Returns for 

6 

the 

the 

the 

the 

the 

the 

the 

November 4, 1980 

-~ 
1 Septenber 5, 1978 

September 26, 

November 7, 1978 

May 4, 1976 

May 25, 1976 

November 2, 1976 

May 7, 1974 

June 4, 1974 

August 20, 1974 

September 3, 1974 

November 5, 1974 

 



  

General Election. 

64. Etowah County Election Returns 

Democratic Primary Election. 

65. Etowah County Election Returns 

Democratic Primary Run-Off Election. 

66. Etowah County Election Returns 

General Election. 

67. Etowah County Election Returns 

Democratic Primary Election. 

68. Etowah County Election Returns 

Democratic Primary Run-Off Election. 

69. Etowah County Election Returns 

General Election. 

70. Etowah County Election Returns 

Democratic Primary Election. 

71. Etowah County Election Returns 

Democratic Primary Run-Off Election. 

72. Etowah County Election Returns 

General Election. 

73. Etowah County Election Returns 

Democratic Primary Election. 

74. Etowah County Election Returns 

Democratic Primary Run-Off Election. 

73, Etowah County Election Returns 

for 

£0 

for 

for 

for 

for 

the 

the 

the 

the 

the 

the 

the 

the 

the 

the 

the |] 

May 2, 1972 

May 30, 1972 

November 7, 1972 

May 5, 1970 

June 2, 1970 

November 3, 1970 

May 7, 1988 

June 4, 1968 

November 5, 1968 

May 3, 1968 

 



  

General and Constitutional Amendment Election. 

76. Pickens County Election Returns for the March 13, 1984 

Democratic Presidential Preference Primary. 

77. Pickens County Election Returns for 1984 Democratic 

Primary Election. 

1884 Democratic a
o
 

oO
 

H 78. Pickens County Election Returns 

Primary Run-0ff Election. 

79. Pickens County Election Returns for 1983 General 

Election. 

80. Pickens County Election Returns for the September 7, 

1982 Democratic Primary Election. 

81. Pickens County Election Returns for the September 28, 

1982 Democratic Primary Run-Off Election. 

82. Pickens County Election Returns for the November 2, 1982 

General Election. 

83. Pickens County Election Returns for the September 2, 

1880, Democratic Primary Election. 

84. Pickens County Election Returns for the September 23, 

1980, Democratic Primary Run-Off Election. 

85. Pickens County Election Returns for the November 4, 

1980, General Electlon. 

86. Pickens County Election Returns for the September 5, 

1978, Democratic Primary Election. 

87. Pickens County Election Returns for the September 26, 

 



  

1078, Democratic Primary Run-Off Election. 

88. Pickens County Election Returns for the November 7, 

19078, General Election. 

89. Pickens County Election Returns for the May 4, 1976 

Democratic Primary Election. 

90. Pickens County Election Returns for the May 25, 1976 

Democratic Primary Run-Off Election. 

91. Pickens County Election Returns for the November 2, 1976 

General Election. 

92. Pickens County Election Returns for the November 5, 1974 

General Election. 

03. Pickens County Election Returns for the May 2, 1972, 

Democratic Primary Election. 

94. Pickens County Election Returns for the 1972 Democratic 

Primary Bun-Off Election. 

85. Pickens County Election Returns for the November 7, 

1872, General Electlon. 

96. Pickens County Election Returns for the May 5, 1970 

Democratic Primary Election. 

07. Pickens County Election Returns for the June 2, 1970 

Democratic Primary Run-Off Election. 

08. Pickens County Election Returns for the November 3, 1970 

General Election. 

098. Pickens County Election Returns for the July 10, 1984 

"% o - 

 



    

General Election. 

100. Pickens County Election Returns for the July 9, 1980, 

General Election. 

101. Pickens County Election Returns for the August 11, 1976 

General Election. 

102. Pickens County Election Returns for the August 8, 1972, 

General Election. 

103. Pickens County Election Returns for the August 14, 1968 

General Election. 

104. Pickens County Election Returns for the August 11, 

1964, General Election. 

105. "Hearing Set May 29 on Election Legality," Eufaula 

Tribune, May 7, 1968.   

[1 

108. "Arguments Heard in Case," Fufaula Tribune, June 4,   

1068. 

107. "Barbour Demos Seek Plan for New Election," Eufaula 

Tribune, dune 30, 1968. 

108. "Judge Orders New Election," Eufaula Tribune, September   

19, 1968. 

109. "Barbour Voters to Face Complicated Ballot at Polls,” 

Eufaula Tribune, October 31, 1068.   

it 

110. "Barbour Voters Elect New Demo Committee, Eufaula 

Tribune, November 28, 1968. 

111. "Jury Box Cahllenged," Eufavle Tribune, March 26, 1969.   

- 10 - 

 



    

112. "Local Politics Picking Up," "Restraining Order Denied 

to Robertson," Eufaula Tribune, February 27, 1968. 

113. "Voters Number 12,144", Eufaula Tribune, March 7, 1968. 

114. "Negroes Join Robertson in Suit," Eufaula Tribune,   

March 21, 1968. 

115. "Barbour's Redistricting Upheld in Federal Court," 

Eufaula Tribune, March 28, 1968. 

116. "Federal Judge Upholds Bill Nevill'’s Election," Eufaula 

Tribune, April 2, 1068. 

117. "Proceedings of the State Democratic Executive 

Committee of Alabama," January 10, 1962. [SDEC Files, MS II: 

26-55, Ala. Dept. Of Archives and Historyl. 

118. "Ground Rules Adopted for Primaries: Committee Number 

b
t
 

Plan Voted," Molble Press, January 20, 18962 at   

119. Talladega County Election Returns for the September 7, 

1982 Democratic Primary Election. 

120. Talladega County Election Returns for the 1982 

Democratic Primary Run-Off. 

121. Talladega County Election Returns for the September 5, 

1978 Democratic Primary Election. 

122. Talladega County Election Returns for the September 26, 

1978 Democratic Primary Run-Off. 

123. Talladega County Election Returns for the May 4, 1976 

Democratic Primary Election. 

 



  

124. Talladega County Election Returns for the 1976 

Democratic Primary Run-Off. 

125. Talladega County Election Returns for the November 2, 

1976 General Election. 

126. Talladega County Election Returns for the November 24, 

1976 Special Democratic Primary Election. 

127. Talladega County Election Returns for the 1974 

Democratic Primary Run-Off. 

128. Talladega County Election Returns for the November 5, 

1974 General Election. 

129. Talladega County Election Returns for the 1972 

Democratic Primary Election. 

130. Talladega County Election Returns for the 1972 

Democratic Primary Run-Off. 

151. Summary of principal findings from Gordon Henderson's 

examination of election returns. 

132. Summary identifying black candidates from election 

returns compiled by Gordon Henderson. 

133. Summary of 1980 census data complied by Gordon 

Henderson: 

Table 237 (p. 2-673-674; 2-677-678). 
Table 15 
Table 188 

Table 187 

Tn 
lL & 4 

 



Source: Bureau of Census, Department of Commerce. Census of 
Population. Characteristics of the Population. General Social 
and Economic Characteristics--Alabama, PC 80-1, part A, B, C and 

  

D. 

134. Plaintiffs’ Request for Admissions and Responses 

Thereto. 

135. "Senator Clark to Introduce Local Board of Revenue 

Bill," "Revenue Board Approves Paving Beat 8 Road," "Bishop 

Goodson Opposes March," Clayton Record, March 25, 1965. 

136. "Editorial Remarks ... Go to the Polls May 31," Clayton 

Record, May 10, 1965 at 2. 

137. "Editorial Remarks ... Hope to Save Third District.* 

Clayton Record, June 24, 1965 at 2. 

138. "SCOPE Conducting Voter Registration Classes Here," 

Eufaula Tribune, July 1, 1985, 

139. "Judges Change House District," Eufaula Tribune, 

OCtober 7, 1985, 

140. "Federal Court Places Barbour with Macon," Clayton 

Record, October 14, 1963. 

141. "Light Turn-out Expected at Polls," Eufaula Tribune, 
  

November 30, 1965. 

  

142. "Rep. Nevill House Seat," Eufaula Tribune, February 2, 

143. "Vote Case Goes to U.S. Court," Eufaula Tribune, May 4,   

144. "Judge Recesses Vote Lawsuite," Eufaula Tribune, May 

 



"New Districts Proposed for Revenue Board," Eufaula 

Tribune, May 18, 1967. 

146. "Senator Clark Says Revenue Board Bill 

‘Reasoable’[sicl", Eufaula Tribune, May 23, 1967. 

147. "Guest Bdlitorial ... Viewpoint on Local Bill." GClavion 

Record, May 25, 1967. 

148. "Senator Explains Redistricting Bill Revenue Board 

Plans Meeting," Eufaula Tribune, June 8, 1967. 

149. "County Board Airs Clark’s Bill Governing Body Fails to 

Agree,” Eufaula Tribune, June 13, 1967. 

150. "Suit Challenging Elections Case Closer to Windup," 

Eufaula Tribune, July 27, 1087. 

151. “Election Suit in Federal Court Continues," Clayton 

Record, August 3, 196%. 

152. "Bill Signed By Governor Board of Revenue to Be Cut," 

Eufaula Tribune, September 12, 1987. 

183. "Editorial Remarks He Deserves Recognition," Eufaula 

Irlbune, November 21, 1067 at 4. 

154. "City to Intervene in Redistricting Court Suit 

Robertson Files Suit in Clayton," Eufaula Tribune, January 18, 
  

1068. 

  

155. "Hearing on Redistricting Slated," Eufaula Tribune, 

January 25, 1968 at 3.  



  

156. "Hearing on Redistricting Slated," Eufaula Tribune, 

January 25, 1968 at 3. 

157. "Three Citizens of Eufaula Entering Redistricting Suit 

Second Hearing Set Wednesday," Eufaula Tribune, January 30, 1968. 

158. "Judge Rules Against Injunction in Case Redistricting 

suit Continues," Eufaula Tribune, "County Demo Body to Meet," 
  

Eufaula Tribune, February 1, 1968. 

189. "Robertson Withdraws His Redistricting Suit," Eufaula 

Tribune, February 13, 1068. 

160. "Billed in U.S. Court Concerning Redistricting A. B. 

Robertson Files New Suit," Eufaula Iribune, February 15, 1968. 
  

161. "Jerald Green is Elected County Demo Chairman," Clayton 

Record, February 22, 1968. 

162. "Court Order Upholds Redistricting In County," Clavion 

Record, March 28, 1968. 

163. "Judge Uphold Neville’s Election," Clayton Record, 

April 11, 1068. 

164. Advertisement, "Stand Up for America Now!" an Open 

Letter to Parents of Barbour County Students From the Barbour 

County Board of Education, Clayton Record, April 11, 19_ at 8. 

165. "Editorial Remarks ... Stand Up for America," "Ve 

Endorse Andrews," and "Other Voices ... Harold Endorses Cong. 

Andrews," Clayton Record, May 2, 1968 at 3. 

166. "Pald Political Advertisements," Clayton Record, May 2, 

15 

 



      

1968 at 12. 

167. "Barbour Election Briefs Due dune 12," Clayton Record, 

June 6, 1968. 

168. "Election Ruled Unconstitutional," Clayton Record, 

August 1, 1968. 

160. "Election Set November 26 for Committee," Clayton 

Record, September 19, 1068. 

170. "Students Protest to Black Students Being Selected to 

Serve as Cheerleaders," Centreville Press, April 8, 1971 at 1. 
  

  
171. "Private School and Building Program", Centreville 

Press, June 10, 1971 at 1. 

173. "Board of Education Hires Tuscaloosa Attorney to Handle 

Private School Lease," Centreville Press, dune 34, 1971. 

173. "Bibb County to be Redistricted,” Centreville Press, 
  

July 18, 1971. 

174. "Governor Wallace Coming Friday," "Rambling Thoughts,” 

£entreville Press, duly 15, 1871. 

175. "Legislators Repors:," Centreville Press, July 22, 187i. 
  

176. "Legislators Report," Centreville Press, September 30, 

  

  

197). 

177. Article, Montgomery Advertilger, July 25, 1951 at 2. 

178. Article, Montgomery Advertiser, July 28, 1281 at 4. 

178. "Social Bills," Montgomery Advertiser, August 29, 1981 

at 2a. 

 



  

180. "State Senate to Labor for 16 Hrs," Selma 

Iimes-Journal, July 1, 1949 at 1,3. 

181. Article, Selma Times-Journal, July 19, 1949 at 7. 

182. "Thousands of Negroes Seek Primary Vote," Selma 

Iimes-Journal, September 25, 1949 at 17. 

188. "Freed Electors Appeal Blocked," Selma Times-Journal, 
  

August 29, 1951 at p.2. 

184. Article, Selma Times-Journal, July 13, 1955 at 2. 

185. Article, Selma Times-Journal, August 12, 1955. 

186. Federal Decennial Census Figures for all Alabama 

Counties from 1870 to the present. 

187. Summaries of statutes governing county commission 

elections. 

Respectfully submitted this 24th day of February, 1986. 

BLACKSHER, MENEFEE & STEIN, P. 
405 Van Antwerp Bldg. 
P. O. Box 1081 
Mobile, Alabama 36633 

(205) 433-2000 

/ 
wy A 8 rd 

; } 2 a bes 

/ y. ri, Xx Pd / 

Gl ART A Vf mgr ff 
B  .~ til 4 vd it ~~} { 0. z" 
  

LARRY T. MENEFEE ~~ 
JAMES U. BLACKSHER 
WANDA J. COCHRAN 

TERRY G. DAVIS 

SEAY & DAVIS 

732 Carter Hill Road 

P. O. Box B6l125 

A. 

 



Montgomery, Alabama 36106 

(205) 834-2000 

DEBORAH FINS 

JULIUS L. CHAMBERS 

NAACP LEGAL DEFENSE FUND 

99 Hudson Street, 18th 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 

4 / 
I do hereby certify that on thisC7 day of February, 1986, a 

copy of the foregoing pleading was served upon counsel of 

record: 

Alton IL. Turner, Esq. 
404 Glenwood Avenue 
P. O. Box 207 
Luverne, AL 36049 Attorney for Defendants Crenshaw County, et al. 
(205) 335-3302 

Jack Floyd, Esq. 
FLOYD, KEENER & CUSIMANO 
816 Chestnut Street 
Gadsden, AL 35999 Attorney for Defendants Etowah County, et al. 
(205) 547-6328 

D. L. Martin, Ezsq. 

215 South Main Street 

Moulton, AL 35650  



  

David R. Boyd, Esq. 
BALCH AND BINGHAM 
P. O. Box 78 
Montgomery, AL 36101 Attorneys for Defendants Lawrence County, 
(205) 834-6500 et al., 

AND 

James G. Speake, Esq. 
Speake, Speade & Reich 
101 Spring Street, X.V. 
P. O.Box 5 Attorney for Probate Judge, Richard I. Procto: 
Moulton, AL 358650 Probate Judge of Lawrence County 

¥. 0. Rirk, dr., Esq. 
CURRY & KIRK 
P. O. Box A-B 

Carrollton, AL 35447 Attorney for Defendants Pickens County, 

(205) 367-8125 et al. 

WVarren Rowe, Esq. 
ROWE, ROWE & SAWYER 
P. 0. Box 150 
Enterprise, AL 36331 Attorney for Defendants Coffee County, et al.; 
(205) 347-3401 

James W. Webb, Esq. 
WEBB, CRUMPTON, MCGREGOR, SCHMAELING 

& WILSON 
166 Commerce Street 
P. O. Box 238 
Montgomery, AL 36101 
(R05) 834-3176 

AND 
Lee Otts, Esq. 
OTTS & MOORE 
P. DO. Box 487 
Brewton, AL 36427 

(R08) 867-7724 Attorneys for Defendants Escambia County, et al. 

Barry D. Vaughn, Esq. 
PROCTOR & VAUGHN 
121 North Norton Avenue 

Sylacauga, AL 35150 Attorney for Defendants Talladega County, et al. 

HK. R. Burnhan, Esq. 
P. O. Box 1818 
Anniston, AL 36202 Attorney for Defendants Calhoun County, et al. 

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

 



  

MARTIN & BARRETT 
P. O. Box 2345 
Opelika, AL 36803 Attorney for Lee County Defendants, et al. 

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

> 4 

\7 

ho “ATTORNEY FOR Eros fer 
  

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Vol. 2, No. 2 Jan.-March 1986 
  

   BRIEFS 

  

  

Ne a 

1 

1 

1 
1     

  

  

The Newsletter of The Alabama Voting Rig ts Project 

CRENSHAW COUNTY CHALLENGE AMENDED TO INCLUDE EIGHT OTHER COUNTY COMMISSION SYSTEMS 
  

If a federal judge rules that at large election schemes 
in six counties are in violation of the Voting Rights 
Act, over 285,000 additional Alabama voters could elect 

their county commissions from single member districts 
as early as September 1986. Both attorneys for the 
black plaintiffs and attorneys for Coffee, Etowah, 
Lawrence, Calhoun, Talladega, and Pickens counties 

await the outcome of a hearing that was held before 
Federal District Judge Myron Thompson on March S. The 
plaintiffs are requesting that Thompson issue a 
preliminary injunction that would prevent any further 
at-large elections from being held in these counties 
and order the immediate implementation of single 
member district systems. 

Dillard Vy. Crenshaw County, a case originally 
challenging just the at-large election system used by 
the Crenshaw County Commission was amended in January 
to include challenges of eight other at-large county 
commission election schemes that share similar 
legislative and political histories. In addition to the 

  

counties represented at the preliminary injunction 
hearing, the Escambia and Lee county commissions were 
also named as defendants. 

March 5 hearing, Crenshaw, Lee and 
Escambia counties decided to settle out of court. All 
three counties will hold single member district 
elections in 1986. It is expected that each of the 
redistricting plans in these three counties will 
consist of five single member districts, at least one 
of which will be majority black (65%). 

Prior to the 

The black plaintiffs from the nine counties are being 
represented by attorneys Jim Blacksher, Wanda Cochran 
and Larry Menefee of Mobile, Ed Still of Birmingham, 

Terry Davis of Montgomery and Debbie Fins and Julius 
Chambers of the NAACP Legal Defense Fund. Attorneys for 
the black plaintiffs presented evidence at the March § 
hearing to support their contention that the adoptions 
of at-large election schemes in the six counties were 

56% BLACK DISTRICT DRAWN AND APPROVED FOR 

actually just components of a larger legislative scheme 
to maintain white political supremacy in the face of 
rising political participation among blacks. 

Dr. Peyton McCrary, a voting rights expert and 
historian from the University of South Alabama, 
provided exhaustive legislative research demonstrating 
that a number of counties that currently utilize at- 

large voting had, at one time, elected their county 
commissioners from single-member districts. McCrary 
testified that a pattern of changing to at-large 
elections during or after periods of increased black 
voter registration and participation had evolved from 
his legislative research and that Democratic party 
records and newspaper accounts of the legislature's 
actions substantiated this pattern. 

a member of the Democratic Party's 
encouraged counties to abandon 

single-member district voting to "protect the white 
people of Alabama" from the growing numbers of 
registered black voters. All of the counties named as 
defendants in the suit have at one time elected county 
commissioners from districts. 

In one 1961 speech, 
executive committee 

McCrary presented over 50 newspaper articles as well as 
official records of the Alabama Democratic Party to 
provide evidence that, once faced with the increase in 

black voter registration and participation and, later, 
with the federal protections provided for blacks within 
the Voting Rights Act of 1965, the all-white Alabama 
legislature of the mid-to-late 1960's concentrated much 
of its effort on passing a number of measures that 
would diminish the possibility and effect of bloc 
voting "by - blacks. Among these measures were the 
legislative campaigns to establish "numbered post" 
requirements, at-large voting systems and anti-"single- 
shot" voting laws. Once passed, these measures worked 
together to render black bloc voting ineffective even 
in counties with black majorities. 

(cont. on pg.6) 

STATE BOARD OF ED 
  

Under a new redistricting plan, blacks will have their 
best opvortunity to date to elect a black to the State 
Board of Education, something that has not happened 
since Reconstruction. The Justice Department and 
Federal District Judge Truman Hobbs approved a plan 
submitted by the black plaintiffs that reapportions the 
state's population among eight districts and creates a 

56% black district. 

Bullock, 

Greene, 

Butler, 

Lowndes, 

The black ‘district 

Choctaw, Clarke, Conecuh, 

encompasses 

Dallas, 

Marengo, Monroe, Pickens, Pike, Sumter, Washington and 
Wilcox counties as well as some parts of Montgomery 
County. District 4, which includes most of Jefferson 
County, is 46% black. All board seats will be up for 
election during the June 1986 primaries. Under the 
current plan, two sets of incumbents will have to run 
against one another. 

Attorney Donald Watkins of Montgomery filed suit in 
federal court against the State Board of Education two 
years ago claiming that the board's districts 

(cont. on p. 6) 

were 

  

INSIDE: 

  
Legislative Update 
Methods of County Commission Elections 

- Victory inDallas Co. 

   



® 

  

. 2 
  

  

AFTER YEARS IN COURT, SINGLE-MEMBER-DISTRICT ELECTIONS SCHEDULED FOR DALLAS CO. 
  

On f{'epr.ary 28, Federal District Judge Brevard 
declared .hat at-large elections for the Dallas Couity 
Commission were in violation of the Voting Rights Act 
and ordered that the county adopt single member 
district elections. Hand's order brought a long awaited 
end to U.S. v. Dallas County, an eight-year-old Justice 

Department challenge of the Dallas County election 
system. Hand's order gives the county 30 days to come 
up with a redistricting plan. 

Hand 

    

29,776 (55%) of Dallas County's residents are black, 

yet the county's governing board has been all-white 
since Reconstruction. Dallas is the largest county in 
the Black Belt and has the highest number of black 
residents. Hand's decision was long-awaited by many of 
the county's black residents. 

Hand's final ruling against at-large elections was 
anticipated ever since the 11th U.S. Circuit Court of 
Appeals overturned his earlier ruling which states that 
black voter apathy, rather than at-large elections, had 
been the dominant force in keeping blacks off the 
county commission since Reconstruction. After his 
original opinion was overturned, 
final 

Hand claimed that his 
ruling was a "foregone conclusion" and that the 

five-day hearing preceding. it was a "waste of his 
time". 

What remains now is the task of drawing single member 
districts by March 31 that will be acceptable to the 
county commission, black residents and, ultimately, the 
Justice Department. The county commission held three 
open meetings for county residents to voice their 
preferences regarding redistricting. In general, blacks 
are supporting a five-district plan, while ‘whites 
support retention of a four-seat commission with the 
Probate Judge continuing as chairperson. Blacks are 
suggesting that the members of the proposed five-member 

commission elect one of the members to act as 

chairperson. ; 

Whites claim that they are critical of the addition of 
a fifth member to the commission for financial reasons. 
Blacks have responded by pointing to the amount of 
money that the county has spent defending its at-large 
election system. Clarence Williams, a black 

prospective candidate for the county commission, said, 
"Por eight years, nobody seemed concerned with 
expense." 

tiand has indicated that he will not let the scheduled 

June 3 primary for the county commission proceed unless 
an acceptable district plan has been implemented. 

Dallas County Attorney Cartledge Blackwell has argued 
that under the current time restraints there may not be 
enough time fo. draw’ up such a plan. The Justice 
Department has asked that the primary be delayed until 
a .redistricting plan is in place. Jim Voyles, a 
demographic expert from Mobile, has been retained by 
the county commission to assist with the redistricting 
process. Although particular district boundaries have 
not yet been discussed, blacks are supporting a plan 

that would call for two predominantly black districts, 
two predominantly white districts and a fifth "swing" 
district. 

Some white county residents remain critical of the 
switch to single member districts. Rev. Cecil 
Williamson, a local white who led a voter registration 
drive among whites to counteract the surge of black 
voter registrations prior to the 1984 elections, claims 
that, by pushing for the adoption of single member 
districts, blacks have actually damaged their chances 
at controlling the county commission. Williamson 
asserts that blacks in the county could have controlled 
every seat on the commission under an at large system 
because they comprise a majority of the population. 
He said, "It could be the blacks have done something 
to guarantee that whites will remian in government in 
Dallas County." Williamson's argument does not 
account for discrepancies between total and voting-age 
populations among blacks. 

While many whites continued to resist the change, the 
Justice Department lawyers were expressing joy at the 
final outcome of this lengthy case. After Hand's 
decision was announced, attorneys Gerald Hebert and 

Poli Marmolejos cited the contribution of local blacks, 
"We're very happy that all of the hard work by the 
black leadership of Dallas County is done and that 
justice has prevailed. There are many heroes in this 
case." One of the "heroes", black Dallas County 
resident Samson Crum summed up by saying, "Now we can 
go about the business of building a relationship that 
everyone, blacks and whites, can enjoy together." 

BLACK BRUNDIDGE RESIDENTS FILE CHALLENGE OF CITY'S AT-LARGE ELECTION SYSTEM 
  

On December 2, 1986 attorneys for black plaintiffs in 
the city of Brundidge (Pike County) filed a Section 2 

case challenging the use of at-large elections to elect 
the three-member Brundidge city commission. Named 
plaintiffs Charlie Harris, Wilodean Baker and Farrie 
Flowers charge that the city's combined use of at-large 
voting and run-off primaries unfairly dilutes black 
voting strength and makes it improbable that blacks 
will be elected to the city commission. Although 54.6% 
of Brundidge's 3,213 citizens are black, none have ever 

been elected to the city's three member governing body, 

despite repeated tries under the current at-large 
system. 

The defendants have filed a motion to stay the 

proceedings arguing that the city has already 
‘undertaken steps to reexamine the current structure of 
government and to explore the possibility of 
implementing single-member district elections. On April 
16, 1985 the city commission passed a resolution to 
study the effectiveness of their current form of 
government. Attorneys for the defendants have claimed 
that the commission had originally wanted to wait until 

early 1986 to decide. 

Since the April 1985 resolution was passed the city has 

engaged demographic 
single- 

the city is proposing a 

ordered 

expert 

member 

census information and 
to assist the commission with drawing 
districts. Currently, 

five-district plan, under which two districts would be 
majority (96% and 76%) black and one would be a 55% 

black "swing" district. 

The case is being heard by U.S. District Judge Robert 
Varner. Attorneys Calvin Biggers, Deborah Biggers and 
Jock Smith of Tuskegee are representing the black 
plaintiffs. 

  

The Alabama Briefs is a publication 

of the Alabama Voting Rights Project. 
The project 1s sponsored by the Civil 
Liberties Union of Alabama, a non-profit 
organization. 

Project Director...........Mary Weidler 
Project Coordinator....... Paola Maranan 
Editor... ic uivvin ce.e.....Paola Maranan 

To contact the Alabama Voting Rights 
Project about its work or the contents of 
this newsletter, write to: The Alabama 
Voting Rights Project, Civil Liberties 
Union of Alabama, P. 0. Box 447, Montgo- 
mery, AL 36101       

   



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STATE LEGISLATORS CONSIDERING NUMEROUS VOTING RIGHTS MEASURES 
  

A number of bills concering voting rights 

currently pending in the Alabama State 
issues are 

Legislature. 
Se. -171 Menton 
This bill will require the popular election of all city 

Some of these bills are breifly described below. To school boards from five single-member-districts. The 
contact the sponsor or other legislators regarding legislation requires that within six months after 
these bills, write to them in care of either the passage of the act, district lines be drawn in 
Alabama State House of Representatives or the Alabama accordance with the 1980 US Consus and approved by 
State Senate, Alabama State House, Montgomery, AL majority vote of the city school board. The boards 
36130. For the status of any individual bill, call will also be required to reapportion themselves within 
either the Senate Bill Status Office at 261-7826 or the six months after every federal decennial census. Under 
House Bill Status Office at 261-7630. this bill, elections for all city school boards will 
5. 447 | Hand take place in 1988 and will establish staggered terms. 
Calls for a single ballot primary. All voters will 
vote in one consolidated primary election regardless of H- 686 

Will dispose of the democratic Similar to S. 59. political affiliation. 
and republican primaries. 

5.91 Ellis, Hand 
would require that ~ities with populations over 
establish city councils with not less than four nor 
more than seven members. In addition to these members 
who will be elected from districts, a council presiden 
will be elected at large. These cities may implement 
single member district elections if a 2/3 majority of 
the current governing body adopts such a 
least 6 months prior to any general municipal election. 
Cities will be able to adopt single member districts by 
ordinance or resolution without having to receive 
legislative approval. An amendment to this bill that 
was later introduced allows the city governing bodies 
to submit the question regarding district elections to 
the qualified voters of the affected municipality. 

H. 117 Martin, Zoghby, Siebels H. 69 
Companion bill to S. 91. Would 
S. 35 Langford 
This bill establishes new dates for municipal elections 

mayor-council in those cities or towns that have a 

12,000 

plan. at 

Browder 
In addition, this bill would require 

that a list of ineleigible voters be furnished to the 
various boards of registrars and that a list of those 
voters actually voting in the election be furnished to 
the Secretary of State along with the precinct-level 
2lection returns. 

H. 256 Buskey, Buskey, Davis, Grayson, Melton 
Would require that counties and cities with populations 
of over 2,000 implement single-member district election 
systems for their governing bodies by January 1, 1988. 
H. 500 Gray 
Would consolidate all local government entities in 
Jefferson County into a new corporate body responsible 
for governing the entire county. Must be approved by 
3/5 of each legislative house and by the affected 
voters in a constitutional amendment election before it 
can be implemented. 

Holley 
give more time to U.S. military personnel and 

other overseas voters to file their absentee ballots. 

S. 59 Cooley 
Increases the amount of voter registration and election 

  

form Of government $50 that the elections will : not information that must be made available to the 
SE fies ih ihe Drivary Slostions phi nw Secretary of State's office. If passed, the bill will 
or une . ’ : = i t: 1) the county must immediatel forward 

elections will be held on the fourth Tuesday in August SM ATL 4 hi to the Soret of 
and any necessary run-off elections will be held state upon completion of the election count; 2) the 
@Xactly ‘three weeks after. county commission periodically furnish the Secretary of 
3. 34 vangford State with a map and description of current polling 
Similar to 3. 35 but targeting city commission places within the county; and 3) that each year by 
elections. January 1 the county board of registrars furnish the 
S.:372 Sanders Secretary of State with a list of registered voters 
Increases the number of meeting days for the Boards of inlcuding their addresses and their precinct 
Registrars in Perry, Wilcox, Sumter, Lowndes and Greene 
counties to 216. 

assignments. 

NY COURT RULES IN FAVOR OF RUN-OFF PRIMARIES; MAY AFFECT SOUTHERN CHALLENGES 
  

On December 13, a three-member panel of the U.S. Court 
of Appeals for the 2nd Circuit upheld a New York City 
primary runoff law that had earlier been held in 
violation: of the. Voting Rights Act by. a Federal 
District Judge in August 1985. The 2-to-1 decision by 
the appeals court reversed Federal District Judge 
Charles Brieant's ruling that declared unconstitutional 
a state law requiring a second primary if no candidate 
for one of New York City's single-member elected 
offices receives a 40% majority of the vote in the 
first party primary. 

In a 25-page opinion, Federal Appeals Court Judge J. 
Edward Lumbard wrote, "the record shows that the 
primary runoff law was never intended to deny minority 
voters-- and does not have the effect of denying them-- 

opportunity to participate in the political 
process." An attorney for “the minority plaintiffs 
seeking the abolition of the runoffs, Randolph M. 
Scott-McLaughlin criticized the appeals court for not 
taking into account a detailed precinct-level voting 
analysis that showed evidence of racial bloc voting in 
the city. 

Brieant had partially relied on the racial bloc voting 
information in his 74-page opinion that supported" the 
claim that white voters in New York would form a racial 

bloc to defeat minority-group candidates who made it to 
the runoff. Brieant had suggested that runoff primaries 
be eliminated and that primaries be won on the basis of 
the most votes cast for any one candidate. One of the 
appeals court judges, Judge James L. Oakes, dissented 
from the appelate court's decision and supported 
Brieant's original ruling. 

The black and Puerto Rican plaintiffs have expressed 
their intention to appeal the case to either the full 
Court of Appeals or the United States Supreme Court. 
The case is of national significance because challenges 
to runoff primaries are pending in many states in the 
South. During the 1984 Democratic convention, former 
presidential candidate Rev. esse Jackson attempted to 
get the paity to strike” down the use of second 
primaries. 

Second primaries are littlqg used outside the South and 
many black leaders have cited their use as an 
impediment to getting blacks elected, because whites 
voters who may have split their votes among a number of 
white candidates in the primary will band together 
behind the remaining white candidate in the ruhoff. In 
Alabama, however, leadership in both the Alabama 

Democratic the Alabama Prima Democratic 5 and 
onference have supported the use of the runoff.



4 

  

¢ 4 
  

  

PLAINTIFFS ASK JUDGE TO HALT AT-LARGE ELECTIONS IN EIGHT COUNTIES (cont. from p.1l) 
  

Later ‘at the hearing, ADC Field Director Jerome Gray 
testified that numerous black candidates had been 
defeated in county-wide races due to racially polarized 
voting and dilution of the black vote caused by the 
numerous at-large voting schemes. Defense attorneys 
challenged Gray's claims by citing city races within 
the counties where blacks had been repeatedly 

successful. In addition they cited the 1984 statewide 
race of Supreme Court Justice Oscar Adams where Adams 

had carried a number of white boxes in most of the 
defendant counties. 

Most of the defendants could not, however, refute the 

evidence that blacks had consistently lost at the 
county level in at-large races. Attempting: to 
minimalize the effect "of racial bloc voting, the 
defendants instead presented numerous citations of 
special circumstances . (e.g. deaths in the . family 
interrupting campaigns) as the compelling reasons 
that blacks had not been sucessful in at-large races. 

The defendants did not présent any witnesses to refute 
either McCrary or Gray's testimony. Instead, they 
presented various witnesses, including two probate 
judges, to make the claim that, should Thompson issue 
a preliminary injunction and order single-member 
district elections, the counties would need a minimum 
of at least six to eight months to implement any 
redistricting plan. Lawrence County Probate Judge 
"Rip" Proctor maintained that voters would have to be 
reidentified to determine their places of residence 
before any district plan could be implemented. 

Plaintiffs challenged the necessity of reidentification 
as a means of verifying or determining places of 
residence for voters and instead suggested that the 
probate judges and county commissions cooperate with 
each county board of registrars offices to determine 
such information from the voter registration records. 

WAT¥INS CHALLENGE VICTORIOUS (cont. from pt p. 

malapportioned and violated the "one-person, one-vote’ 
principle. Watkins was sucessful in his challenge and 
Federal District Judge Truman Hobbs ruled for the 
plaintiffs’ in July 1984. Hobbs gave the Alabama State 
Legislature up until November 1, 1985 to come up with a 

fair redistricting plan. 

  

Despite months of debate and the drawing up of numerous 

redistricting plans, the legislature failed to meet the 
court's deadline. Much of the debate centered around 

the choice between plans submitted by the State Board 
of Education and Joe Reed of the Alabama Democratic 

Conference. While Reed and other blacks supported a 
plan similar to the plan that has been approved, the 
state board fought to have the board districts 

reapportioned along the lines of the current 
congressional districts. The board's plan would have 
denied the possibility of drawing a majority black 

district. 

Attorneys from the six defendant counties all attempted 
to prove that their counties did not fit into the 
pattern that McCrary presented. Most scoffed at and 
challenged McCrary on his theory of a broad legislative 
scheme to maintain white political supremacy in the 
counties. The attorney for Coffee County, who had been 
claiming that his county was under court order to use 
at large elections, was genuinely surprised to learn 
that the court order that he was citing had simply 

affirmed a late 1960's legislative act establishing at- 
large elections that was typical of the legislative 
pattern. None of the counties were able to disprove 
that the legislative histories in their counties were 
typical of the legislative pattern that McCrary had 
discovered. 

Attorneys for the plaintiffs have asked that Thompson 
issue a preliminary injunction ordering that single- 
member district elections for the county commission be 
held no later than September 1986 in all of the 
remaining defendant counties. Holding the county 
commission elections in September would grant the 
defendants the amount of time that they would need to 

draw up and implement a plan and would not require the 
scheduling of a special general election. Thompson is 
expected to rule soon on the question. if a 
preliminary injunction is not issued, a full trial will 

be scheduled. 

The case is being pursued in each county by members of 
the local ADC chapters. The = attorneys for the 
denfendants are: W.0.. Kirk (Pickens), Jack Ployd 
(Etowah) , H.R. Burnum {Calhoun), Alton 1... Turner 

(Crenshaw), Warren Rowe (Coffee), Barry D. Vaughn 

(Talladega), James Webb and Lee M. Otts (Escambia) and 

D.L. Martin and David Boyd (Lawrence). 

SPILF AWARDS $5,000 GRANT TO AVRP 
  

The AVRP has been awarded a $5,000 grant by the 
Stanford Public Interest Law Foundation (SPILF). SPILF 

is a coalition of law students, faculty, alumni and 

supporters from - Stanford Law School in Palo Alto,   California. The foundation members donate percentages 
of their earnings and perfom other fundraising work to 
support progressive public interest causes such as 
voting rights. 

The AVRP was one of seven national finalists in 
consideration for SPILF grants. The generous grant 
will allow the Project to continue its work through the 
crucial period of the 1986 elections where close 
monitoring and community education will be needed in 
those areas that will be using single-member-district 
elections for the first time. 

  

  

THE ALABAMA VOTING RIGHTS PROJECT 

CIVIL LIBERTIES UNION OF ALABAMA 
P.O. BOX 447 

MONTGOMERY, ALABAMA 36101 

VoL. 2, NO. 2 

  

  

Non Profit Organization 

US Postage 

PAID 
Montgomery, Al. 

* Permit No. 99     
  

  

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METHODS OF ELECTION- COUNTY COMMISSIONS 

COUNTY METHOD SOURCE LIT. NEXT ND PREV. i ott ACK TOTAL OOP. 

PENDING ELECTION E.E.O nIGT. 1 a} (ip thous.) 
PH ew B Ak D 

_ 

AUTAUGA SMD X 22 4 32 zmg 

HAL DWIN AL ] | 78, 4412 

BARBOUR SMD X = NY 24, 7S6 
RIEE SMD gz X 23.4 15. 723 

BLOUNT AL 7 36. 459 

RULLDCK aL 12. 596 

BUTLER SMD 1 : 21.680 

CALHOUN aL ) 7 116. 336 

CHAMBERS SMD X 2 35. 4 39. 191 

CHEROKEE AL 18, 762 

= AL 3. 612 

HOCTAW SMD Wh = a 16.833 

CLARKE SMD 1 : = 27.782 

CLAY SMD 13.723 

CLEBURNE AL 12.595 

COFFEE Al 38.533 

COLBERT SMD 54,519 

CONECUH SMD 15. 884 

COOSA SMD 1.277 

COVINGTON AL 36. 852 

CRENSHAW SMD 26.1 14. 11@ 

CULLMAN SMD a’ 61.642 

DALE SMD 47.821 

DALLAS SMD 
DEKALE AL 
ELMORE AL 

DU
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IE 

i 
SS

 
S
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23.98) 
Ea. £58 
43. 390 

AMEIA SMD < 38, 332 

S
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S
S
 

123. 257 
18. 829 
£8. 35a 
24.253 

113.02} 
15. ea 
15. 382 
74.632 
51. 487 

&73.197 
16. 453 
8a. 524 
20.178 
76.283 
46. AAS 
13. 28%3 

WAH AL 
FAYETTE AL 
FRANKLIN AL 
GENEVA AL 
GREENE SMD 

HALE SMD 
HENRY AL 

HOUSTON SMD 
JACKSON AL 
JEFFERSON SMD 
LAMAR SMD 
LAUDERDALE SMD 
LAWRENCE AL 

LEE SMD 
LIMESTONE SMD 
LOWNDES SMD 

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COUNTY METHOD SOURCE £17, NEXT 
PENDING ELECTION 

MACON AL 
MAD I SON AL X 
MARENGO AL X 
MARTON GMD LE 
MARSHALL AL 
MOBILE SMD 17 
MONROE SMD LIT 
MONTGOMERY SMD LIT 
MORGAN oi 
PERRY SMD LEG X 
PICKENS AL X 
PIKE SMD LIT 
RANDOLPH SMD LEG 
RUSSELL SMD YT X 
ST. CLAIR AL 
SHEL RY AL 
SUMTER SMD LEG X 
TALL ADEGA AL X 
TALLAPOOSA SMD LIT 
TUSCALOOSA SMD LIT 
WALKER AL : 
WASHINGTON SMD LEB 
WILCOX SMD LEG X 
WINSTON aL 

HEY 
METHOD OF COUNTY ELECTIONS 

COUNTY = COUNTY COMMISSION AFFECTED 

METHOD = AT-LARGE (AL) OR 
SINGLE-MEMBER-DISTRICT (SMD) 

SOURCE = METHOD USED TO ESTAELISH 
SMD ELECTIONS 
LEG - BY LEGISLATIVE ACT 
POL —- BY POLITICAL ACTION (e.g. 

non—-judicial negotiatioris) 

LIT — AS A RESULT OF LITIGATION 

LIT. PENDING = AN "X" INDICATES THAT 
A VOTING RIGHTS CASE 
IS PENDING 

ELACK POP. = BLACK PERCENTAGE OF COUNTY 

je POPULATION ACCORDING TO 198@ 
U.S. CENSUS 

TOTAL PDP, = TOTAL POPULATION ACCORDING 
en ore nn way S—— — ro sem sper 

CENSUS TO 198@ U.S. 

BLK. 

NO PREV. 
B.E.QO, 

x
 

NEXT ELEET 

DIST. 

TOTAL DIST 

it 

Iman: funn] eo ui (RA 

   
    

  

BLK. TOT. BLACK TOTAL BOP. 

DIGT, DIST POP. (in thous.’ 

a Qa 84, 2 of. 829 

i 74 19.8 196. 366 

i721 @& HP cS. Da7 

7) v Eo 3B. 241 

it i 1.6 £5. 622 

i = 1.5 264. 379 

= 4H 43,8 oe. 651 

= = 23, 4 197.038 

12 71 5.8 Ga. 231 

4 el. 1 15.012 

7 @ 431.8 =1. 481 

= =) 35. @ -8. ASQ 

@ Le 2h. = cA. A75 

3 7 29. 4 47. 33 

a @ 1a. @ 41.205 

@ a 13.5 66.298 

= 6 69.3 i6. 9a8 

7 a 37.8 73. 826 

1 = 27. @ 38.676 

27.c 137.473 

a ry 7.82 68. 661 

i i =8. 1 16. 821 

= = £8. 8 14.755 

ia i a. 3 =1. 953 

SMD ELECTIONS WILL FIRST 

BE USED AT THE NEXT SCHE- 

DULED COUNTY COMMISSION 
ELECTION 

"X" NOTES THOSE COUNTIES 
THAT HAD NOT ELECTED BLACKS 
TO THE COUNTY COMMISSION 
PRIOR TO THE IMPLEMENTATION 
OF SMD ELECTIONS THOSE 
COUNTIES NOT MARKED WITH 
AN "X" IN THIS COLUMN ARE THOSE 
WHERE EITHER THE INFORMATION WAS 
UNAVAILABLE OR WHERE BLACKS HAD 
BEEN ELECTED ON AN AT-LARGE BASIS 

AN 

CURRENT NUMBER OF BLACK 
SINGLE—-MEMBER-DISTRICTS 

TOTAL NUMBER OF 
SINGLE-MEMBER-DISTRICTS 

1/86 ALABAMA VOTING RIGHTS PROJECT