Smith v. Brunswick County

984 F.2d 1393
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 1, 1993
DocketNo. 92-1978
StatusPublished
Cited by13 cases

This text of 984 F.2d 1393 (Smith v. Brunswick 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
Smith v. Brunswick County, 984 F.2d 1393 (4th Cir. 1993).

Opinion

OPINION

NIEMEYER, Circuit Judge:

On April 7, 1992, Brunswick County, Virginia, conducted a special election to elect five members to its governing Board of Supervisors, one from each election district in the County. The election was conducted in accordance with a redistricting plan adopted by the County in July 1991 in response to the 1990 census. Although 58% of the people in Brunswick County are black, as are a majority of those eligible to vote in four of the five election districts, the people elected five white Board members.

Before the election, three black voters, the NAACP, and the ACLU filed this suit challenging the County’s redistricting plan. They contended that the plan violated the Voting Rights Act of 1965 and the Fifteenth Amendment to the United States Constitution. Following trial, the district court concluded that the County’s July 1991 plan “unfairly diluted minority voting strength” in violation of § 2 of the Voting Rights Act because the plan did not take into account statistical evidence that 20% of the County’s black voters traditionally crossed over and voted with a monolithic white voting bloc. 801 F.Supp. 1513 (E.D.Va.1992). Having decided the case on statutory grounds, the court did not reach the constitutional issue. It vacated the County’s redistricting plan, approved a new plan that provided greater black majorities in three districts, and ordered a new election.

On appeal, the County contends that the district court erred by attempting to guarantee the outcome of County supervisor elections in Brunswick County and by failing to recognize the limitations of the Voting Rights Act, which guarantees only the equal opportunity to vote and the right to have one’s vote fully counted. The County also contends that its 1991 plan was the product of a settlement agreement with the plaintiffs that should be enforced, or, at least, that discovery should be permitted on the issue as a prerequisite to any factual finding.

Because we believe the district court erred in rejecting the County’s 1991 redistricting plan, we reverse and remand.

I

Brunswick County, Virginia, with a population of approximately 15,000, is a rural county in southeastern Virginia, located on the Virginia-North Carolina border. The County is divided into five geographical election districts, each of which elects a member to the County’s governing Board of Supervisors. Elections are held every four years, with the last regular election taking place in November 1987. The election scheduled for November 1991 was stayed as a result of this litigation, and a special election was conducted on April 7, 1992.

Before 1971, Brunswick County’s supervisor election districts followed the geographical boundaries of the County’s magisterial districts. The County readjusted its election district lines in 1971, however, to comply with court rulings mandating one-person/one-vote. Although the 1980 census revealed some population shifts, the County retained these same lines, without any objection.1 The population and racial [1395]*1395composition of each district in 1971 and 1981 were:

Population 1971 1981 Percent Black 1971 1981

Dist. 1 3,259 3,325 49.9% 50.7%

Dist. 2 3,143 3,021 66.2% 64.2%

Dist. 3 3,330 3,047 54.7% 54.6%

Dist. 4 3,208 3,139 69.2% 68.6%

Dist. 5 3,232 3,100 51.5%

Total 16,172 .15,632 58.2% 57.4%

Since the 1970 census, five regularly scheduled elections for the Board of Supervisors were conducted, in November of 1971, 1975, 1979, 1983, and 1987. In addition, there have been two special elections, one in 1982 to fill a vacancy in District 5 created by a Board member’s resignation and one on April 7, 1992, as ordered by the district court in this case. In each of the elections of 1975, 1979, 1983, and 1987, two black candidates were elected to the Board, H. Paul Harrison in District 2 and Walter Rice, Jr., in District 4. These two supervisors ultimately became the Board’s senior members, and Harrison became its chairman.

The evidence at trial showed that throughout the period beginning in 1970 black voters have been actively involved in the election process in Brunswick County. Black candidates for the Board of Supervisors have been fielded in most of the district elections and, up to the time of trial, black voter turnout had consistently exceeded white voter turnout by 10 to 20%. When all elections in Brunswick County are considered, the success achieved by black candidates has varied, ranging from the more than 80% of the vote received by Jesse Jackson, the black Presidential candidate in the 1988 Democratic primary, to the 7% received by Charles White, a plaintiff in this case and a black candidate, in the county-wide sheriff’s election in 1991. A black candidate for the United States Senate in the general election of 1988 received only 23%, while Governor L. Douglas Wilder, also black, received 59% and 56% of the vote in the County’s general elections in 1985 and 1989, respectively. In Board elections, the variations in support of black candidates has also been significant. Harrison, a long-term Board member, has won elections by over, 60% of the vote in his district, while other black candidates have lost by margins greater than those of Harrison’s victories. Other races between black and white candidates have been decided by only a handful of votes. Of the 14 Board contests in which black candidates ran, a black won in eight.

Although blacks have participated actively and significantly in supervisor elections since 1970, both as candidates and as voters, racial polarization persists in Brunswick County. The district court found that racial integration in the County has been slow, at best:

Historically, both Virginia and Brunswick County enforced laws that discriminated against African American residents. Brunswick County has a particularly long and sorry record in this regard. Black citizens of the County suffered the effects of this bias publicly and privately. Such discrimination included de jure and de facto sanctions of race-based denial of public accommodations, state requirements ■ for segregation in schools and housing, and denial of equal access to the ballot.

[1396]*1396Smith v. Board of Supervisors, 801 F.Supp. 1513, 1517 (E.D.Va.1992). The court also found that “[segregation persists in nearly all aspects of the Brunswick County community. Not a single witness denied that churches, clubs and political organizations split along racial lines in Brunswick County ... [and] [t]he same disparity exists in County committees, commissions and boards.” Id. at 1517-18. The court accepted the conclusion of Dr. Alan Lichtman, an expert who testified on behalf of the plaintiffs, that despite the active and substantial participation of blacks in the election process, they have not been sufficiently successful because “they are essentially blocked from any significant electoral success by the monolithic wall of votes cast by the white voters for white candidates.” Id. at 1523. Dr. Lichtman gave his opinion that the minimum black population necessary in any Brunswick County voting district “to create an equal opportunity for a black candidate to win would be 65 percent.” Id.

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Bluebook (online)
984 F.2d 1393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-brunswick-county-ca4-1993.