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Download Other © American Civil Liberties Union Citations to this report: McDonald and Levitas, The Case for Extending and Amending the Voting Rights Act. Voting Rights Litigation, 1982-2006: A Report of the Voting Rights Project of the American Civil Liberties Union, http://www.votingrights.org (March 2006). The American Civil Liberties Union Voting Rights Project Director: Laughlin McDonald Associate Director: Neil Bradley ACLU Voting Rights Project 2600 Marquis One Tower 245 Peachtree Center Ave. Atlanta, Georgia 30303-1227 Tel: 404-523-2721 www.votingrights.org www.aclu.org Cover Design Cassi Niemann i ACKNOWLEDGMENTS The authors wish to acknowledge the significant contributions to the preparation of this report by Nancy Abudu, Meredith Bell-Platts, Neil Bradley, Donna Matern, Katie O'Connor, Leah Rotenberg, Bryan Sells, and Ellen Spears. Special thanks also go to Daniel Linke, University Archivist, for facilitating access to ACLU litigation files in the Mudd Manuscript Library at Princeton University, and to Joaquin G. Avila, Assistant Professor of Law, Seattle University School of Law, and the William C. Velazquez Research Institute, for providing digitized versions of Section 5 objection letters from the Department of Justice. TABLE OF CONTENTS INTRODUCTION ................................................................................................................ 1 EXECUTIVE SUMMARY.................................................................................................... 4 I. Section 5 Has Blocked Implementation of Discriminatory Voting Changes.... 4 II. There Is a Continuing Pattern of Bloc Voting and Racial Polarization in the Covered Jurisdictions....................................................................................................... 9 III. Continuing Hostility to Minority Political Participation................................. 14 IV. The Continued Need for Section 5........................................................................ 20 Section 5 Has an Important Deterrent Effect............................................................. 22 V. The Courts Routinely Apply the Voting Rights Act........................................... 22 POLICY RECOMMENDATIONS ................................................................................... 26 Section 5 of the Voting Rights Act Should Be Extended for 25 Years .................. 26 Discriminatory Purpose - The Problem Created by Bossier II .............................. 26 The Decision in Georgia v. Ashcroft........................................................................... 29 Federal Observers Are Needed to Prevent Voter Harassment............................... 34 Voting Assistance for Language Minorities Is Still Needed.................................. 35 Recovery of Expert Fees Should Be Allowed in Voting Rights Cases ................. 36 ALABAMA........................................................................................................................... 38 STATEWIDE ISSUES .................................................................................................... 38 1980 Redistricting............................................................................................................ 38 Figures v. Hunt ............................................................................................................ 38 Selective Prosecution ..................................................................................................... 40 Smith v. Meese ............................................................................................................ 40 The 1986 Democratic Gubernatorial Primary............................................................ 45 Henderson v. Graddick.............................................................................................. 45 Curry v. Baker.............................................................................................................. 45 Challenging Alabama=s Disfranchising Laws........................................................... 51 Hunter v. Underwood ................................................................................................ 51 COUNTY AND MUNICIPAL LITIGATION IN ALABAMA ............................... 55 Autauga County .............................................................................................................. 55 Medders v. Autauga.................................................................................................... 56 Baldwin County and the City of Foley ....................................................................... 57 Dillard v. City of Foley .............................................................................................. 57 Chambers County ........................................................................................................... 61 Reese v. Yeargan.......................................................................................................... 61 CONNECTICUT ................................................................................................................. 65 The City of Bridgeport ................................................................................................... 65 Bridgeport Coalition for Fair Representation v. City of Bridgeport................. 65 FLORIDA.............................................................................................................................. 70 STATEWIDE ISSUES .................................................................................................... 70 Protecting Voter Privacy and Enforcing Section 5.................................................... 70 Spencer v. Harris ......................................................................................................... 70 i Inez Williams v. Snipes ............................................................................................. 74 The Counting of Provisional Ballots........................................................................... 76 AFL-CIO v. Hood ........................................................................................................ 76 The Counting of Absentee Ballots............................................................................... 79 Friedman v. Snipes ..................................................................................................... 79 COUNTY AND MUNICIPAL LITIGATION IN FLORIDA.................................. 82 Brevard County and the City of Cocoa ....................................................................... 82 Stovall v. City of Cocoa.............................................................................................. 82 DeSoto County and the City of Arcadia..................................................................... 86 Johnson v. DeSoto County Board of Commissioners and School Board......... 87 Washington v. Arcadia City Council....................................................................... 89 Escambia County............................................................................................................. 91 Florida v. McMillan.................................................................................................... 91 Glades County ................................................................................................................. 92 Thompson v. Glades County .................................................................................... 92 Hendry County................................................................................................................ 96 Robinson v. Hendry County Board of Commissioners....................................... 96 Palm Beach County and the City of Belle Glade ...................................................... 97 Burton v. Belle Glade ................................................................................................. 97 Seminole County........................................................................................................... 102 de Treville v. Joyner ................................................................................................. 102 St. Lucie County and the City of Fort Pierce............................................................ 103 Coleman v. Fort Pierce ............................................................................................. 103 West Palm Beach ........................................................................................................... 105 Anderson v. West Palm Beach City Commission ............................................... 105 GEORGIA .......................................................................................................................... 108 STATEWIDE ISSUES .................................................................................................. 108 1980 Congressional Redistricting .............................................................................. 108 Busbee v. Smith......................................................................................................... 108 1990 Redistricting.......................................................................................................... 113 Miller v. Johnson....................................................................................................... 115 2000 Redistricting.........................................................................................................
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