Plaintiffs' Motion to Enjoin the November 4 General Elections for the Crenshaw County Commission
Public Court Documents
October 3, 1986

7 pages
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Case Files, Dillard v. Crenshaw County Hardbacks. Plaintiffs' Motion to Enjoin the November 4 General Elections for the Crenshaw County Commission, 1986. 9a6d64e7-b7d8-ef11-a730-7c1e5247dfc0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/fc1c16a3-2ae1-4df2-85f0-06ecf568a0bd/plaintiffs-motion-to-enjoin-the-november-4-general-elections-for-the-crenshaw-county-commission. Accessed May 13, 2025.
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J / 71) : / io f 2 4. 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. N a e ? N e ? S e e ” N a ” S a ” a ” a ? a ” a ” S e ” 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 A i 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 - 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 li Larry ge k fee]