Solomon v. Liberty County

865 F.2d 1566, 1988 WL 131939
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 12, 1988
DocketNos. 87-3406, 87-3406A
StatusPublished
Cited by17 cases

This text of 865 F.2d 1566 (Solomon v. Liberty County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Solomon v. Liberty County, 865 F.2d 1566, 1988 WL 131939 (11th Cir. 1988).

Opinion

TJOFLAT, Circuit Judge:

I.

These consolidated cases involve challenges under section 2 of the Voting Rights [1569]*1569Act of 1965, 42 U.S.C. § 1973 (1982) (as amended), to the at-large method of electing the county commission and the school board of Liberty County, Florida.1 The commission governs the county; the board operates the county’s school system. Each body has five members who serve for staggered four-year terms. See Fla. Const, art. 8, § 1(e) (county commission); Fla.Stat. § 100.041(3) (1987) (school board). Candidates run for the seat on the commission or school board that bears the number of the “residence district” in which they live. See Fla. Const, art. 8, § 1(e) (county commission); Fla.Stat. § 124.01 (same); id. § 230.061 (school board). In both the primary and general elections, the entire county electorate votes for one candidate from each residence district. See Fla. Const, art. 8, § 1(e) (county commission); Fla.Stat. § 100.041(2) (same); id. § 230.08-.10 (school board). Most candidates seek election as the nominee of a political party and therefore must first run in their party’s primary election. To win party nomination, candidates must receive a majority of the countywide vote; if no candidate gets a majority of the vote, a second run-off primary is held. See id. §§ 100.061, .091 (general provisions). To be elected, candidates must receive a plurality of the vote in a countywide general election. See id. § 100.181 (general provision); id. § 230.10 (school board).

The appellants, the plaintiffs below, in these cases are four black citizens of Liberty County. They allege that the at-large method of electing county commissioners and school board members violates the Voting Rights Act because the systems deny blacks a fair opportunity to participate in the political process and to elect candidates of their choice.2 The appellants therefore seek injunctive relief. The present electoral systems, they contend, should be disbanded and the county should be divided into five districts, each of which would elect one member to the commission and to the school board. One of these single-member districts would have a black majority, thus alleviating the discrimination of which they complain. The appellees in these cases are the Liberty County Commission, the Liberty County School Board, and the members of those bodies in their official capacities. They deny that the at-large method violates the Act, as the appellants allege.

At the conclusion of a bench trial, the district court found for the appellees, observing that under the current at-large electoral system black citizens had more political influence than they would have under any single-member district scheme the court could fashion. The court therefore concluded that the evidence presented by the appellants was insufficient to demonstrate a violation of the Voting Rights Act and denied relief. These appeals followed.

II.

The Voting Rights Act was enacted in 1965 to protect the right of racial minorities to participate effectively in the political process. Section 2 of the Act, which is essentially a codification of the fifteenth amendment, provides that:

No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color.

Voting Rights Act of 1965, P.L. 89-110, § 2, 79 Stat. 437, 437.

In Zimmer v. McKeithen, 485 F.2d 1297 (5th Cir.1973) (en banc), aff'd sub nom. East Carroll Parish School Bd. v. Marshall, 424 U.S. 636, 96 S.Ct. 1083, 47 L.Ed.2d 296 (1976), our predecessor circuit developed a method of analysis to guide trial [1570]*1570courts in determining whether an electoral system denied a minority group access to the political process on account of race when no direct evidence of discriminatory intent exists. First, the trial courts were to determine whether the plaintiffs had demonstrated that their minority group was underrepresented in proportion to its percentage of the total electorate. If the plaintiffs demonstrated such underrepre-sentation, the courts were then to determine whether the underrepresentation was caused by an intent to discriminate; the courts would do so by making a number of factual inquiries. Called the “totality of circumstances” test, these inquiries included:

1. [Whether] any history of official discrimination in the state or political subdivision ... touched the right of the members of the minority group to register, to vote, or otherwise to participate in the democratic process;
2. [Whether] voting in the elections of the state or political subdivision is racially polarized;
3. [Whether] the state or political subdivision has used unusually large election districts, majority vote requirements, anti-single shot provisions, or other voting practices or procedures that may enhance the opportunity for discrimination against the minority group;
4. If there is a candidate slating process, whether the members of the minority group have been denied access to that process;
5. [Whether] members of the minority group in the state or political subdivision bear the effects of discrimination in such areas as education, employment and health, which hinder their ability to participate effectively in the political process;
6. Whether political campaigns have been characterized by overt or subtle racial appeals; and
7. [Whether] members of the minority group have been elected to public office in the jurisdiction.

Carrollton Branch of the NAACP v. Stallings, 829 F.2d 1547, 1553 (11th Cir.1987) (summarizing the Zimmer inquiries), cert. denied, — U.S. -, 108 S.Ct. 1111, 99 L.Ed.2d 272 (1988). If the findings of fact yielded by these inquiries, taken as a whole, gave rise to the inference that the electoral system’s discriminatory effect was driven by racial bias in the community or its political system, the plaintiffs established a violation of the Act. The court could then remedy this violation by eliminating the challenged multimember electoral system and, in its place, establishing an appropriate number of single-member electoral districts drawn along racial lines to assure roughly proportional minority representation.

In 1980, the Supreme Court enhanced the plaintiffs’ burden of proof in vote dilution cases. See Mobile v. Bolden, 446 U.S. 55, 100 S.Ct. 1490, 64 L.Ed.2d 47 (1980). In Bolden,

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Bluebook (online)
865 F.2d 1566, 1988 WL 131939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-liberty-county-ca11-1988.