McGhee v. Granville County

860 F.2d 110
CourtCourt of Appeals for the Fourth Circuit
DecidedOctober 21, 1988
DocketNo. 88-1553
StatusPublished
Cited by58 cases

This text of 860 F.2d 110 (McGhee v. Granville County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGhee v. Granville County, 860 F.2d 110 (4th Cir. 1988).

Opinion

JAMES DICKSON PHILLIPS, Circuit Judge:

This appeal presents the issue of the extent of a federal court’s remedial power in reviewing a legislative plan designed, in response to the court’s order, to remedy a stipulated violation of Section 2 of the Voting Rights Act of 1965, as amended. 42 U.S.C. § 1973 (as amended). Based upon a stipulation that the challenged at-large method of electing members of the Gran-ville County, North Carolina, Board of County Commissioners violated § 2, the district court ordered the parties to attempt to agree upon a remedy, failing which the County was ordered to submit a proposed remedial plan. After the parties failed to agree, the court rejected the County’s proposed single member district plan and instead ordered into effect a modified version of the complaining parties’ responsive proposal for a plan based upon “limited voting” in at-large elections.

Because we conclude that the district court erred in rejecting the County’s plan, we reverse and remand for implementation of the County’s proposed remedial plan.

I

This action was commenced on January 15, 1987, by five black citizens and registered voters of Granville County, North Carolina, on behalf of themselves and all other black voters of the county against the County, the County Board of Commissioners, its members, the County Board of Elections, its members, and the County Supervisor of Elections. The plaintiffs alleged that the then existing at-large method of electing the Granville County Board of County Commissioners (the Board) had the result of “diluting minority voting strength and denying members of the black community the opportunity to elect representatives of their choice” to the Board, in violation of § 2 of the Voting Rights Act of 1965, as amended. 42 U.S.C. § 1973 (§ 2, or the Act).1

The Board is the governing body of Granville County. At the time the plaintiffs brought this action, the Board consisted of five members, on a county-wide at-[113]*113large basis,2 but required to reside in particular residence districts. Each member was elected for a four-year term. The terms of the various Board members were staggered, with elections being held in even numbered years. Three of the five incumbent members were serving terms which expired in 1988. The remaining two incumbent members were serving terms which expire in 1990.

Black citizens make up 43.9% of the county’s total population (1980 data), 40.8% of its voting age population (1980 data), and 39.5% of its registered voters (1987 data). Despite these population numbers, and despite the fact that a number of black residents have run for election to the Board, no black has ever been elected to the Board.

On the parties’ joint pre-trial motion, in which the County stipulated that the challenged electoral scheme “does not comply with the requirements of § 2 of the Voting Rights Act,” the district court entered a consent order which required the parties to attempt to agree upon a remedial plan, failing which the county would submit a proposed remedial plan, to which plaintiffs might submit a response for consideration by the court. In accordance with the order, after the parties failed to agree upon a remedy, the County submitted its proposal, which had earlier been given § 5 preclearance by the Attorney General of the United States. See 42 U.S.C. § 1973c.

The County’s proposal was for a single member district electoral plan containing seven districts, with members serving staggered terms, thereby both abandoning the at-large election method and expanding Board membership from five to seven. The districts proposed contained the following black population percentages (voting age figures as estimated under district court formula):

DISTRICT TOTAL BLACK POPULATION (%) BLACK VOTING AGE POPULATION (%)

1. South Oxford/Fishing Creek 70.3 67.5

2. Oxford/North Oxford 42.6 39.5

3. Sassafras Fork/Salem/East Oxford 36.4 33.5

4. Dutchville, West of 1-85 31.3 28.6

5. Brassfield/Dutchville, East of 1-85 33.5 30.7

6. Oak Hill/Walnut Grove/Tally Ho/South Fork 55.0 51.8

7. Tally Ho/Brassfield/Fishing Creek 39.8 36.8

In their response to the County’s proposed remedial plan, the plaintiffs did not contend that its districting feature failed to provide the maximum remedial relief possible by that means. Indeed, they conceded then and continue on this appeal to concede that “due to the demographics of Granville County, it is not possible to draw a five or seven single member district plan that gives black voters any better opportunity to elect representatives of their choice.” Appellees’ Brief at 4 n. 2. Rather, plaintiffs contended that single member district-ing was shown by the plan’s demographics to be inadequate as a remedial device in Granville County. The very best plan possible could do no more than provide one “safe” district (District # 1) and one in which there was no better than a fighting chance (District # 6). Whereas overall black voting age population in the County was 40.8%, single member districting could give blacks no more than 14-28% representation on a seven member Board. The plaintiffs’ objection to the County’s proposed remedial plan was explicit: it would not provide black citizens “a chance to elect a number of commissioners that is commensurate with their portion of the population and with their voting strength.” [114]*114Plaintiffs’ Memorandum in Support of Alternative Remedies at 4. As an alternative, plaintiffs proposed a “limited voting plan.”3 Under plaintiffs’ proposal, the Board would be composed of seven members elected concurrently on a county wide at-large basis, with voters allowed to vote for any three or fewer candidates as they chose. Plaintiffs asserted to the court that this plan would give black voters a fair chance of electing three commissioners, 42% of the Board.

After considering both plans, the district court rejected the County’s plan. The court was explicit: The County’s plan “does not 'completely’ remedy the existing dilution of black voting strength in Gran-ville County or provide plaintiffs with an equal opportunity to participate in the political process.” The plan was inadequate as a remedy because it gave black voters, some 41% of the voting population, little likelihood of electing more than two commissioners (28% of the board), and more likely gave them a chance to elect only one commissioner (14%). Having rejected the County’s plan on this reasoning, the court adopted a modified version of the plaintiffs’ limited voting plan. The court’s plan was specific and detailed:

1. The Board shall be expanded to seven members at the 1988 election, and shall remain at that number indefinitely. All terms shall be for four years except as otherwise stated in this order. In all elections, the candidates who receive the highest number of votes shall be deemed elected.
2.

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Bluebook (online)
860 F.2d 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcghee-v-granville-county-ca4-1988.