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11th Circuit Finds Voting Rights Act Section 2 Violation in Sumter County GA


In an Unanimous Vote by a 11th Circuit Panel, it Affirms a Voting Rights Act, Section 2 Violation, in Sumter County, Georgia.

The Case, Docket No. 1:14-cv-00042-WLS, IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, MATHIS KEARSE WRIGHT, JR., Plaintiff, versus SUMTER COUNTY BOARD OF ELECTIONS AND REGISTRATION, Defendant.

On February 25th, 2014, Georgia’s House Bill 836, Changed the School Board District Map in Sumter County. The Bill Reduced the Size of the Board from Nine Members to Seven. Where previously, All Nine Members had come from Single-Member Districts, now only Five would, and Two would be drawn from At-Large Seats.

The Plaintiff, a Local Reverend, Mathis Kearse Wright Jr., Challenged this New Map in the U.S. District Court for the Middle District of Georgia.

He Claimed that the Electoral Mechanism created by the New Map, would Violate Section 2 of the Voting Rights Act of 1965, by Diluting the Strength of Black Voters in Sumter County.

After Extensive Litigation that went back and forth between the District Court and this Court Panel, the Trial Court entered a Remedial Order Removing the At-Large Seats and created a New Map with Seven, Single-Member Districts instead. School Board Elections under that Map are set to go forward in November.

Over the Course of the Proceedings, the Sumter County Board of Elections and Registration (the “County Board”) has lodged Three Appeals with the Circuit Court, from the District Court’s March 17th, 2018 Order Finding a Section 2 Violation; from August 17th, 2018 Order Enjoining the November 2018 School Board Elections; and from its January 29th, 2020 Order, on Remand from the Circuit Court, Drawing a New District Map for Sumter County’s School Board.

The long and short of it is that the District Court, after Reviewing an Extensive Evidential Foundation, concluded that H.B. 836’s District Map impermissibly Diluted Black Voting Strength in Violation of Section 2 of the Voting Rights of 1965. It then conducted Remedial Proceedings and, with the Help of a Well-Qualified Special Master, Drew New district Boundaries that plainly Remedied the Violation. On this Record, the Court can find No Clear Error. The District Court, following a Four-Day Bench Trial, Agreed.

A Successful use of the Voting Rights Act, Bail-In Process, that allows Citizens to use the Courts to Correct Section 2 Violations.










NYC Wins When Everyone Can Vote! Michael H. Drucker


     
 
 


This post first appeared on The Independent View, please read the originial post: here

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11th Circuit Finds Voting Rights Act Section 2 Violation in Sumter County GA

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