Plaintiffs' Motion to Enjoin the November 4 General Elections for the Crenshaw County Commission

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BLACKSHER, MENEFEE & STEIN, P.A. Kee 10/9 / & Lo 

ATTORNEYS AT Law 

  

JAMES U. BLACKSHER 

GREGURY B. STEIN LARRY T. MENEFEE 

405 VAN ANTWERP BUILDING 

P.O. Box 1051 

FIFTH FLOOR TITLE BUILDING 

300 2187 STREET, NORTH 

MOBILE, AL 36633-1051 ~ 4 ZC BIRMINGHAM, AL 35203 October 3, 71886 
(205) 433-2000 (205) 322-73000R 322-7313 

Mr. Thomnas.i{. Caver 
Clerk, United States District Court 
Middle District of Alabama 
Federal Courthouse 
Montgomery, Alabama 36104 

Re: Dillard v. Crenshaw County, Civil Action No. 
CV-85-T-1332-N 
  

Dear Mr. Caver: 

Please file the enclosed Plaintiffs' Motion to Enjoin the 
November 4 General Elections for the Crenshaw County Commission 
in the above-entitled cause. 

Sincerely, 

BLACKSHER, -MENEFEE & STEIN 

0] 
tarry f. Menefee 

LTM:bjj 

CC: All Counsel 

 



  

IN TRE UNITED STATES DISTRICT LOURY 
FOR THE MIDDLE DISTRICT GF ALABAMA 

NORTHERN DIVISICN 
  

JOHN DILLARD. ET AL... 

Plaintiffs, 

v., CIVIL ACTION NO. CV 85-T-1332-N 

CRENSHAW CCGUNTY, ALABAMA 
ET AL. 

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Defenaants. 

PLAINTIFFS' MOTICN TC ENJCIN THE NOVEMBER 4 
GENERAL ELECTIONS FOR THE CRENSHAW COUNTY COMMISSICN 
  

  

Plaintiffs John Dillarc, et al., move the court, after 

hearing, to enjoin the general elections scheduled for November 

4, 1980 for the Lrenshaw County Commission. Plaintiffs rely upon 

the grounds set forth in their motion to show cause which was 

previously filed with this court. 

1. The evidence will show that the conduct of the party 

primary elections were fatally flawea in that voters were not 

resivicted 10 voting only in the commission: districts within 

which they lived. The elections officials failed to compile 

lists of registered voters for each of the five county commission 

districts. Since the June party primary elections, ihe 

 



  

dofandants have failed to compile lists of registered voters for 

gach of ithe commission districts, 

2. Furthermore, the elections officials for Crenshaw 

County did not utilize any method of recording exactly which 

voters did in fact vote within each of the commission districts. 

No plans have yet been made to record the names of voters who 

will actually vote in each commission district in the November 4 

general election. 

3. Crenshaw County election officials were enjoined to 

conduct elections in singles member gistricis. In fact, the 

election procedures were so fundamentally flawed that they 

allowed voters to vote in commission districts other than those 

in which they lived. The defendants were enjoined to conduct 

elections from single member districts both for party primary and 

general election. The pariy primary elections were fatally 

flawed thus infecting the general election procedures. 

Furthermore, there are no plans by Crenshaw County to ensure that 

the general election will not also be flawed. 

4. There is a contested election between Aubrey Alford, 

the Democratic nominee, and "Buddy" Dickey, the Republican 

nominees, in District B. District 5.15 the one disirict in 

Crenshaw County with a majority black population. The other four P 

commission districts are not contesied, 

 



  

5. Upon the best information available to plaintiffs, 

the election procedures complained of herein equally infected all 

five commission districts. The plan agreed to by the parties and 

submitted to this court for its approval as settlement of this 

litigation had to meet two fundamental constitutional and legal 

criteria. The plan had to meet a standard of equal population 

anong districts and racial Taivrness. The court in approving the 

plan had before it evidence affirmatively supporting both of 

these constitutional criteria. The court could not have approved 

a plan which met only the test of racial fairness without 

complying with the one-person one-vote requirements of equal 

population. The failure to properly conduct the elections from 

single member districts in Crenshaw County violates the equal 

population requirements of this court's decree and the agreement 

of ‘the parties. Members of the plaintiff class live in all five 

districts. 

WHEREFORE, plaintiffs pray that this court will enter 

an injunction enjoining the elections to be held on November 4, 

1986 so as to preserve the status quo, prevent irreparable injury 

to the movants by having officials certified and elected to 

office, and to protect the public interest by assuring that 

elections are proper and fairly conducted. 

ALTERNATIVELY, plaintiffs request that the November 4 

 



elsction for 

- 

(fo 

DlackKk popuiation under 

Respectfully 

  

connpission gistrict 

the court 

supmitiec 

9 

puUmbBer 5, containing a majority 

approved plan, ne enjoined. 

4 
this 3E= cay of 

BLACKSHER,- MENEFEE & STLIN 
Fifth Floor Title Building 
300 Twenty-First Stre 81 orih 
Birm ingen, Alabama 35 

  

JAMES BLACKSHER 
WANDA J. COCHRAN 

YARRY Et 

TERRY G. DAVIS 
SEAY 3 DAVIS 
732 Carter 34 Road 
P.O. Box 532 
fontgomery, AValinme 301060 
(205) 834-20C0 

DEBORAH FINS 
JULIUS L. CHAMBERS 
NAACP LEGAL DEFENSE FUND 
G9 Hudson Street, foth 
New York, New York 
(212) 219-1900 

EDWARD STILL 
REEVES 2 STILL 
714 South 29th Street 
Birmingham, Alabama 35 
(205) 322-6631  



  

PEC KIRKLAND, JR. 

307 Evergre zen Avenue 
) u } 

“Nr 

bama 30427 
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Attorneys for Plaintiffs 

CERTIFICATE Or. SERVILE 
  

This is to certify that a copy of the foregoing has 

been served upon the following by depositing same in the Unitea 

States Mail, postage prepaid, on this the col day of 

Halen : 1985: 
  

H. BR. Burnham, Esq. pot. Martin, -Lsq. 
BURNHAM, KLINEFELTER, HALSEY, 215 South Main Street 

JONES & CARTER Mi culiton, Alapama~ 35650 
P.O. "Box 1518 (LAWRENCE COUNTY, SMITH & LIG 
Anniston, Alabama 36202 
(CALHOUN COUNTY) 

N) Lo
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pavid R.:Boyd, £349. James G. Speake, Esq. 
BALCH & BINGHAM SPEAKE, SPEAKE & REICH 
P.0. Box 78 P.O. B 5 
Montgomery, Alabama 36101 Sa Alabama 35650 
(LAWRENCE CCUNTY, SMITH & LIGGCN) (PROCTOR GF LAWRENCE COUNTY) 

W. 0. Kirk, Jr... Esq. John A. Nichols, Esq. 
CURRY & KIRK LIGHTFCOT, NICHGLS & SMYTH 
P.C. Box A-B Bricken Buiicing 
Carrollton, Alabama 35447 P.O: Box 215 
(PICKENS COUNTY) Luverne, Alabama 36049 

- Die 

 



  

ck-Hayrris, Esq. 
CRE, KENDRICK, GLASSRCOTH, 
HARRIS,BUSH & WHITE 
0S, Payry Siveot 
CG... Box 910 

ontgomery, Alabama 35102 

BLACKSHER, MENEFEE & STEIN 

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