Barnett v. Bailey

753 F. Supp. 949, 1990 U.S. Dist. LEXIS 16961, 1990 WL 205200
CourtDistrict Court, M.D. Georgia
DecidedDecember 14, 1990
DocketNo. 88-53-ATH(DF)
StatusPublished
Cited by2 cases

This text of 753 F. Supp. 949 (Barnett v. Bailey) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnett v. Bailey, 753 F. Supp. 949, 1990 U.S. Dist. LEXIS 16961, 1990 WL 205200 (M.D. Ga. 1990).

Opinion

FITZPATRICK, District Judge.

This case is presently before the court on a motion for attorney’s fees made by the plaintiffs. The underlying suit claimed that Hart County, Georgia, officials failed to preclear an election plan with the United States Department of Justice as required by Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c. The plaintiffs’ complaint also alleged that members of the Democratic Party and Hart County government conspired to manipulate slates of candidates for the County’s old and new forms of government so that only those whom they supported would be elected, but the document is devoid of any mention of racial animus or discrimination. The only mention of race is contained in paragraph 22, where it is stated that one of the plaintiffs is a black female asserting her rights under the Voting Rights Act. A companion case, Mayfield v. Crittenden, CA-88-56-ATH (M.D.Ga.1989), was filed alleging vote dilution in violation of the Voting Rights Act. After an injunction was issued, events transpired that caused this case to be declared moot on October 25, 1988, with the question of attorney’s fees reserved for a later date, while the companion case was given a plan for resolution in that same order.

[950]*950Before the question of attorney’s fees can be reached, the court must decide whether jurisdiction exists. The defendants claim that since no allegation of racial animus was made the court had no jurisdiction to issue its previous injunction and has none now to hear the plaintiffs’ motion, since the Voting Rights Act does not reach nonracial, politically motivated conspiracies. The mere fact that one of the plaintiffs is black, the defendants reason, does not give this case the necessary racial element. Plaintiffs deny that a claim under Section 5 of the Voting Rights. Act requires any allegation of racial animus. The question thus becomes whether a cause of action based on a violation of Section 5 of the Voting Rights Act requires an allegation of racial animus to be viable. The court believes that it does, and so lacks jurisdiction to decide the plaintiffs’ motion.1

The first step in the court’s analysis is an examination of the statute itself. Section 5 states in pertinent part:

Whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the first sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting ... such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification ... does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color ... Provided, That such qualification ... may be enforced without such proceeding if the qualification ... has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General ...

42 U.S.C. § 1973c (first emphasis added).2 Section 5 thus specifically requires certain states and their subdivisions to either seek declaratory judgments that proposed voting practices do not have a discriminatory purpose or effect based on race or color, or to obtain preclearance from the Attorney General that the proposals are permissible.

An examination of the Voting Rights Act as a whole supports this conclusion. The statute begins at 15 U.S.C. § 1971, subsection (a) of which is entitled in part: Race, color, or previous condition not to affect right to vote; _ Subchapter I-A, concerned with the enforcement of voting rights, starts with § 1973, which is entitled: Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites. A further examination of the text of the individual sections of the statute makes it clear that considered in its entirety, the Voting Rights Act is concerned with removing racial discrimination in voting practices. The very purpose of the Act, according to the Supreme Court, is “to banish the blight of racial discrimination in voting.” South Carolina v. Katzenbach, 383 U.S. 301, 308, 86 S.Ct. 803, 808, 15 L.Ed.2d 769 (1966). For the court to decide that some allegation of racial animus is unnecessary to bring a claim under Section 5 would unjustifiably separate that section from the rest of the statute and be unsupported by both the context and purpose of the law.

The cases examined by the court show that a claim of racial discrimination is essential for any Voting Rights Act case. In Beatty v. Dinkins, 478 F.Supp. 749 (S.D.N.Y.1979), a state senator brought a claim [951]*951under the Voting Rights Act, including Section 5, seeking an injunction requiring the Clerk of the City of New York to place a referendum on the ballot. The defendant had refused to put the proposal on the ballot after determining that the required number of signatures had not been obtained. After first deciding that it was permissible for a single judge to decide the question of subject matter jurisdiction, although not the merits of the case, the court stated that there was no jurisdiction under the Act since the plaintiff had made no allegation of racial discrimination,3 and so did not even reach the question of whether the plaintiff had alleged the requisite change in voting procedures to require pre-clearance under Section 5. Additionally, the court declined to exercise jurisdiction to avoid being thrust into a local election dispute which should have been decided by a state court. 478 F.Supp. at 750-52, 752 fn. 3.

In Beatty v. Esposito, 439 F.Supp. 830 (E.D.N.Y.1977), the plaintiffs claimed that the removal and replacing of election inspectors without their approval was a change in election procedures requiring preclearance under Section 5. In granting the defendants’ motion to dismiss, the court stated that:

... inasmuch as the Voting Rights Act of 1965 is designed to prevent racial discrimination in state voting practices, see Powell v. Power, supra, and inasmuch as the procedure of impanelling a three-judge court under Section 1973c in accordance with the Supreme Court’s decision in Allen v. St. Board of Elections, supra, is an extraordinary measure judicially designed to prevent subversion of the statutory purpose of the Voting Rights Act by noncompliance with Section 1973c, a minimal prerequisite to such an extraordinary measure is a good-faith allegation of racial discriminatory effect.

439 F.Supp. at 832. Since the plaintiffs had made no such allegation, the court refused to impanel a three-judge court or let the action continue.

Both Dinkins and Esposito cite Powell v. Power, 436 F.2d 84 (2nd Cir.1970), in support of their rulings. Although Powell

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Related

Barnett v. Bailey
956 F.2d 1036 (Eleventh Circuit, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
753 F. Supp. 949, 1990 U.S. Dist. LEXIS 16961, 1990 WL 205200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnett-v-bailey-gamd-1990.