Agenda - 10-05-2021; 6-a - Presentation of Final Report from the BOCC Elections Advisory Group (BEAG)

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97 Figure Districting Plan Proposed in 1993 for Election of Brunswick County Commissioners District 1 f, for example, 30 The plaintiffs in a 1993 voting rights case �2 proposed this districting plan for election percent of a county's r� of Brunswick County commissioners. population consists of District 1 was drawn to create a district African-Americans but with an African-American majority. The court rejected the plan. none have ever been elected to the five-member board of commissioners, that is strong evidence that U N S W I C K o U N Y the method of election is discriminatory. i The two issues at the heart of such law- suits are the extent to which African- Americans have been elected to office under the election system being chal- lenged and whether voting is polarized along racial lines. If, for example, 30 percent of a county's population consists of African-Americans but none have ever been elected to the five-member board of commissioners,that is strong Source:Michael Crowell,of Tharrington Smith,Raleigh,LLP,attorneys for Brunswick County in the 1993 case evidence that the method of election is discriminatory.If,in addition,statistical make it acceptable. If a change is made Once the Justice Department makes analysis shows that whites seldom vote without department approval or without its final decision on a local preclearance for African-American candidates in that ever having been submitted for preclear- request, the notification letter must be county—generally the case in North ance, the department is likely to go to filed by the local attorney with the Carolina—then the court will need to court to stop its implementation. North Carolina Office of Administrative consider requiring an election method Hearings for publication in the North that provides African-Americans with an How does the submission work? Carolina Register. opportunity to elect candidates without State law sets the responsibility for sub- depending on white support.The leading mitting changes for preclearance.15 The What if you are not in a U.S.Supreme Court decision setting out State Board of Elections is responsible for Section 5 county? these Section 2 requirements,Thornburg submitting statewide changes that affect You still are covered by the major part of v. Gingles,38 involved North Carolina's all governmental units in the state. City the Voting Rights Act,Section 2.17 Section multimember districts for electing mem- and county attorneys are responsible 2 prohibits all states,cities,counties,and bers of the General Assembly. for those that apply only to their jurisdic- other political units from setting voting Traditionally in North Carolina,most tions. Changes concerning school sys- qualifications or using election procedures governing boards were elected at large. tems are to be submitted by the board that deny or abridge the voting rights of In cities, counties, and school districts attorneys. minorities.A person who believes that any that have significant African-American The rules for making a preclearance governmental unit has such a qualifica- populations but a sparse record of elect- submission are found in the Code of tion or procedure may sue in federal court ing African-Americans to the board, Federal Regulations.36 No change can go to have it invalidated under Section 2. Section 2 lawsuits—or threats of Section into effect until it has been precleared. The most common subject matter for 2 lawsuits—have been used to force a Once the submission is made,the justice these lawsuits is a challenge to methods conversion to a different method of elec- Department has sixty days either to of conducting elections that make it tion.The courts'usual remedy has been object to the change (as retrogressive) or harder for African-Americans to be elect- to require the jurisdiction to switch to to ask for more information. ed,especially the use of at-large elections. a system in which it is divided into sever- POPULAR GOVERNMENT SPRING ZOOI II