Georgia State Conference of the NAACP v. Fayette County Board of Commissioners

118 F. Supp. 3d 1338, 2015 U.S. Dist. LEXIS 101945, 2015 WL 4633575
CourtDistrict Court, N.D. Georgia
DecidedAugust 3, 2015
DocketNo. 3:11-cv-00123-TCB
StatusPublished
Cited by2 cases

This text of 118 F. Supp. 3d 1338 (Georgia State Conference of the NAACP v. Fayette County Board of Commissioners) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Georgia State Conference of the NAACP v. Fayette County Board of Commissioners, 118 F. Supp. 3d 1338, 2015 U.S. Dist. LEXIS 101945, 2015 WL 4633575 (N.D. Ga. 2015).

Opinion

ORDER

TIMOTHY C. BATTEN, SR., District Judge.

This case is before the Court on Plaintiffs’ motion for preliminary injunction [263], For the reasons explained herein, the motion will be granted.

I. Background

The parties and the Court are intimately familiar with the background and history of this case, but the Court will provide a brief synopsis.1 Fayette County is located in Northwest Georgia. According to the 2010 decennial census, it has a population of 106,567 and a voting age population of 78,468. Out of this population, 57,766 (73.6%) of voters identify as White, and 15,247 (19.5%) of voters identify as Black.2 The Black population in Fayette County is concentrated in the northern half of the county.

On August 9, 2011, Plaintiffs3 filed a complaint against Defendants, alleging violations of § 2 of the Voting. Rights Act, 52 U.S.C. § 10301.4 In their complaint, Plaintiffs claim that Fayette County’s at large method of electing members to the Fayette County board of commissioners and board of education effectively guaran[1340]*1340tees that no Black candidate can be elected to either board, thereby depriving Black voters in Fayette County of the opportunity to elect candidates of their choice to the boards.

On February 20, 2012, Plaintiffs and the BOE5 moved for entry of a proposed consent decree. The BOC objected to the consent decree. Plaintiffs and the BOE proposed an amended consent decree, and after briefing and a hearing regarding that consent decree, on May 30, the Court denied the motion to approve the amended consent decree. The Court also denied Plaintiffs’ motion to file an interlocutory appeal of that ruling.

Following discovery, Plaintiffs and the BOC filed cross-motions for summary judgment. On May 21, 2013, the Court granted Plaintiffs’ motion, finding that Plaintiffs had established a vote dilution claim in violation’ of § 2 of the Voting Rights Act. The Court also noted that the BOE had effectively conceded a § 2 violation in the proposed consent decree between Plaintiffs and the BOE. The Court ordered the parties tó submit proposed remedial plans. ;

On February 18, 2014, after considering the remedial plans proposed by the parties and after a hearing and briefing by the parties, the Court adopted a remedial plan (the “Remedial Plan”) developed with the assistance of Gina Wright, a Court-appointed expert or technical advisor. The Remedial Plan provides for district-based voting for five districts, including a majority-minority district. On March 13, the Court entered final judgment.

On March. 19, 2014, Defendants filed appeals with the Eleventh Circuit. While their appeals were pending, Fayette County held its 2014 elections for the board of education and the board of commissioners using the Remedial Plan. A primary election was held in May 2014, a primary runoff election in July 2014, and a general election in November 2014. The result was that two members of the board of commissioners and two members of the board of education were elected using district-based voting under the Remedial Plan. Through this election, Pota Coston, a Black Democrat, became the first Black candidate to be elected to the board of commissioners, and she was elected to district 5, the single majority-minority district drawn under the plan. Leonard Press-berg, a White Democrat, was elected to the board of education for district 5.'

On January 7, 2015, the Eleventh Circuit issued an opinion holding that the Court erred in rendering its § 2 determination on summary judgment because it “did so (1) without notice to one party, and (2) by weighing, the evidence and making credibility determinations as to the other, both of which are inappropriate on summary judgment.” Ga. State Conf. of NAACP, 775 F.3d at 1344. The court vacated and remanded this Court’s entry of summary judgment against Defendants so that this Court could conduct a bench trial.

On February 5, 2015, the Court issued a notice setting this, case for trial beginning on March 23. On February 10, Plaintiffs filed a consent motion to continue the trial date and requested' leave to submit an amended joint proposed scheduling order. On March 17, at the parties’ request, .the Court entered an amended scheduling order, which allowed the parties to file a motion requesting the identification of any [1341]*1341additional experts and/or supplementing their existing expert reports.

Defendants subsequently filed three discovery-related motions. First, Defendants moved to depose Ms. Wright, the Court’s appointed advisor who developed the Remedial Plan. The Court granted that motion on May 15, and Defendants deposed Ms. Wright on June 19. Defendants also moved to identify two new experts: Dr. Karen L. Owen and Linda Meggers. Defendants indicated that Dr. Owen would testify regarding the role of partisanship, as opposed to race, in determining the outcome of elections in Fayette County. Ms. Meggers, who has extensive experience in redistricting in Georgia, would testify regarding, among other things, traditional redistricting factors relied upon in Georgia, such as the use of intact precincts in re districting, local redistricting considerations in Fayette County, the role of race in re districting, and the level of compactness of the minority population in Fayette County. After careful consideration, on July 7, the Court granted each of Defendants’ motions. Since then, the parties have been working to complete this additional discovery and prepare for a bench trial.

That brings us to the unfortunate circumstances underlying Plaintiffs’ pending motion. On July 3, 2015, Ms. Coston, the first Black candidate elected to the board of commissioners in Fayette County, passed away following a battle with cancer. In the wake of this loss, the county began the process of preparing for a special election to replace Ms. Coston. . Because the Eleventh Circuit had vacated the Court’s summary judgment order, which served as the basis for developing and implementing the Remedial Plan, the county concluded that the special election should be held using the map and at-large voting method that were in place prior to the present litigation.

The county promptly set a schedule for the special election to comply with local and state law. Candidate qualifying, is to take place from August 10 to August 14. August 17 is the deadline for registering to vote in the election. Advance voting will take place from August 24 to. September 11. The election will be held on September 15, and any runoff election will be held on October 13.

■■ On July 17, Plaintiffs filed their motion for preliminary injunction. In that motion, Plaintiffs ask the Court to (1) enjoin the BOC from qualifying1 candidates and conducting á special election, and’any runoff, for Post 5 under at-large, voting, and (2) order the BOC to instead qualify candidates and conduct the special election, and any runoff, in a manner consistent with the Court’s February 2014 orders adopting the Remedial Plan and providing for election procedures under that plan. Mindful of the urgency of this matter, and to avoid disruption of the county’s schedule, the Court requested expedited responses from Defendants and held an'expedited hearing on Plaintiffs’ motion on July 30.

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Bluebook (online)
118 F. Supp. 3d 1338, 2015 U.S. Dist. LEXIS 101945, 2015 WL 4633575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-state-conference-of-the-naacp-v-fayette-county-board-of-gand-2015.