2. TERMINATION OF VOTING RIGHTS JUDGMENTS AND ORDERS The Thomasville Experience

3. Evolution of the Voting Rights Act Section 2 (42 USC Sec. 1973) Section 2 (42 USC Sec. 1973) At-large elections (e.g.,White v. Regester) At-large elections (e.g.,White v. Regester) Mobile v. Bolden Mobile v. Bolden 1982 amendments 1982 amendments Thornburg v. Gingles Thornburg v. Gingles

4. Thornburg v. Gingles Sufficiently large and geographically compact Sufficiently large and geographically compact Politically cohesive Politically cohesive White bloc voting prevents black success White bloc voting prevents black success

5. The lawsuits begin Halifax and Bladen: Lose and pay lots of money Halifax and Bladen: Lose and pay lots of money Consent decrees Consent decrees About 90 cities, counties, school boards About 90 cities, counties, school boards

6. Typical consent decree District elections District elections Increase size of board Increase size of board No expiration date No expiration date

7. Pay attention if you are from: AhoskieGreensboro Roanoke Rapids AlbemarleGreenvilleRobersonville Asheboro High Point Rocky Mount BensonJacksonvilleSanford ClintonJamesville Siler City DunnLaurinburgSmithfield Elizabeth City LexingtonStatesville Enfield Mount Olive Williamston GoldsboroReidsvilleWilson

8. The Thomasville lawsuit Five-member council, all at-large, four from residency districts Five-member council, all at-large, four from residency districts African Americans 32 percent of population African Americans 32 percent of population No black candidate ever elected No black candidate ever elected NAACP lawsuit 1986 NAACP lawsuit 1986 Consent judgment March 1987 Consent judgment March 1987

9. The new election method Seven council members Seven council members Five from wards Five from wards One majority African American ward One majority African American ward Four-year staggered terms Four-year staggered terms Two at large Two at large Two-year terms Two-year terms

10. Those meddling voters Petition under GS 160A-104 Petition under GS 160A-104 All seven at large, all two-year terms All seven at large, all two-year terms Referendum April 15, 2003 Referendum April 15, 2003 It passes It passes

11. The city goofs Council starts to implement new election method Council starts to implement new election method Extended debate over whether to inform the court Extended debate over whether to inform the court “I don’t see why the City Council of the City of Thomasville has to take this to Federal Court. Really, I don’t. It’s not our job.” “I don’t see why the City Council of the City of Thomasville has to take this to Federal Court. Really, I don’t. It’s not our job.” The judge is not happy The judge is not happy 2003 election enjoined 2003 election enjoined Election in February 2004 Election in February 2004

12. Thomasville gets on right track Rule 60(b) motion Rule 60(b) motion NAACP opposes NAACP opposes Bivariate ecological regression analysis Bivariate ecological regression analysis

13. Thomasville wins Institutional reform consent decree Institutional reform consent decree Remedial Remedial At-large election results At-large election results Lewis v. Alamance County, NC, 99 F3d 600 (4 th Cir. 1996) Lewis v. Alamance County, NC, 99 F3d 600 (4 th Cir. 1996) Different election method Different election method

14. Lessons Voting rights court orders are not meant to be permanent Voting rights court orders are not meant to be permanent “It is in the public interest to return control over elections to local authorities unless doing so would interfere with the voting rights of minority citizens....” “It is in the public interest to return control over elections to local authorities unless doing so would interfere with the voting rights of minority citizens....” Motion to vacate judgment allowed when circumstances have changed or order has served purpose Motion to vacate judgment allowed when circumstances have changed or order has served purpose It’s the voting history, stupid It’s the voting history, stupid