The United States of America filed this action pursuant to
Section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973, alleging violations
of Section 2 arising from Defendants' election practices and procedures as they affect
Hispanic voters in Long County.
According to the 2000 Census, Long County has a total
population of 10,304, of whom 7,049 (68.4%) are White, 2,499 (24.3%) are African-American,
and 870 (8.4%) are Hispanic. The Hispanic population in Long County has increased 460% since
the 1990 Census, in which it totaled 189.
The Complaint states that in July 2004, three candidates
running for office in the July 20, 2004 primary election in Long County filed 45 challenges
against Hispanic or Spanish-surnamed voters on the grounds that they were not United States
citizens. The Complaint furthers states that Defendants violated Section 2 of the Voting
Rights Act, 42 U.S.C. § 1973, by requiring these voters to prove their citizenship in order
to vote, even though the challenges were not supported by any credible evidence calling into
question the citizenship of the challenged voters. According to the Complaint, the
Defendants' conduct has had the effect of denying Hispanic voters an opportunity to
participate in the political process and to elect candidates of their choice on an equal
basis with other citizens.
To avoid protracted and costly litigation, the parties
have agreed that this lawsuit should be resolved through the terms of this Consent
Decree (the "Decree"). Accordingly, the United States and Defendants hereby consent to
the entry of this Decree, as indicated by the signatures of counsel at the end of this
document. The parties waive a hearing and entry of findings of fact and conclusions of
law on all issues involved in this matter.
Defendants are committed to complying fully with all of
the requirements of Section 2 of the Voting Rights Act in future elections and stipulate
that each provision of this Consent Decree is appropriate and necessary.
Accordingly, it is hereby ORDERED, ADJUDGED,
and DECREED that:
1. Defendants, their agents, employees,
contractors, successors, and all other persons or government entities representing the
interests of Defendants are hereby PERMANENTLY ENJOINED from discriminating against voters
on account of race, color, or membership in a language-minority group, in violation of
Section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973. In conducting
its elections, Defendants shall treat all voters equally, without regard to race, color,
or membership in a language-minority group.
2. The terms of this Decree apply to all
elections in Long County which Defendants administer or conduct, in whole or in part.
Whenever Defendants enter into an election-related services contract with any other
entity to conduct an election on behalf of Long County, Defendants shall require such
other entity to agree to abide by the terms of this Decree as if such entity were a
party to this Decree with the United States.
Challenge Procedures
3. Defendants shall provide to each person
who wishes to challenge the right to vote of any elector and to each person who wishes
to challenge the qualifications of any elector on the list of registered voters a notice
that states: " A challenger must have a legitimate non-discriminatory basis to challenge
a voter. Challenges filed on the basis of race, color, or membership in a language-minority
group are not legitimate bases for attacking a voter's eligibility."
4. Upon receipt of a voter challenge,
Defendants shall follow the state law procedures set forth in Article 6 of the Ga. Code
Ann., § 21-2-210 et seq., as appropriate.
Notice to Spanish-Speaking Community
5. No later than thirty (30) days from the
entry of this Decree, Defendants shall translate into Spanish Attachment A to this Decree
and shall send a bilingual version in English and Spanish of Attachment A to each of the
45 voters who was challenged on the basis of citizenship in July 2004, other than any
voters who are no longer on the Long County voter list.
6. No later than thirty (30) days from the
entry of this Decree, Defendants shall translate into Spanish Attachment B to this Decree
and shall send a bilingual version in English and Spanish of Attachment B to all of the
voters on Long County's voter registration list who have identified themselves racially
as being "Hispanic" or "Other."
Training of Election Officials
7. No later than forty-five (45) days
from the entry of this Decree, all election officers for Long County, including the Registrar,
the Elections Superintendent, and Deputy Registrars, shall receive training on the legal
requirements set forth in the Voting Rights Act, with a focus on the types of conduct that
may constitute a violation under Section 2, and on Georgia state law regarding how to
respond to voter challenges. The training shall stress the importance of applying all
voting standards and practices equally regardless of race, color, or membership in a
language-minority group. Defendants shall maintain a record of which election officers
attend the training, including the time, location, and training personnel involved.
8. With respect to election officers hired
by Defendants hereafter, Defendants shall comply with the requirement set forth in
Paragraph 7 within three (3) months of the election officer's commencing his or her position.
9. Prior to each election, Defendants shall train
all poll workers and other election personnel to be present at the polls on the following
topics: applying all voting standards and practices equally; being respectful and courteous
to all voters regardless of race, ethnicity, color, or language abilities; allowing voters
their assistor of choice consistent with and as limited by Section 208 of the Voting Rights
Act, 42 U.S.C. § 1973aa-6; and allowing any bilingual poll workers to assist minority-language
voters. In addition, any poll workers who speak Spanish and English shall be instructed
that part of their responsibilities include translating for and assisting limited English
proficient voters. Defendants shall maintain a record of which poll workers attend training
sessions, including the time, location, and training personnel involved.
Retention of Documents and Reporting Requirements
10. During the duration of this Decree, Defendants
shall make and maintain written records of all actions taken pursuant to this Decree and
shall provide copies of such records to the United States upon request.
11. During the duration of this Decree, at
least thirty (30) days before each election administered or conducted by Defendants,
Defendants shall provide to counsel for the United States, (a) the name, address, and
precinct designation of each consolidated precinct; and the names of Spanish-speaking
persons scheduled to work at the polls. Within thirty (30) days after each election,
Defendants shall provide to counsel for the United States (a) information about any
complaints the County received at the election regarding Spanish language materials or
assistance; and (b) copies of the training attendance sheets referred to in Paragraphs 7 and 9 of
this Decree. Copies may be provided electronically.
Other Provisions
12. This Decree is final and binding between
the parties and their successors in office regarding the claims raised in this action. This
Decree shall remain in effect through December 31, 2008.
13. The Court shall retain jurisdiction of this
case to enter further relief or such other orders as may be necessary for the effectuation
of the terms of this agreement and to ensure compliance with Section 2 of the Voting Rights Act.
14. Each party shall bear its own costs and fees.
Agreed to this __10th_____ day of _February____, 2006.
For Plaintiff United States of America:
For Defendants:
_______/s/___________________
_________/s/___________________
WAN KIM (DC Bar No. 454269)
RICHARD D. PHILLIPS
Assistant Attorney General
Phillips & Kitchings
Civil Rights Division
P.O. Box 69
Ludowici, GA 31316
(912) 545-2191
_________/s/___________________________
__________/s/___________________
LISA GODBEY WOOD (GA Bar No. 298198)
B. JAY SWINDELL
United States Attorney
406 North Caswell Street
DELORA KENNEBREW (GA Bar No. 414320)
Glennville, GA 30427
Assistant United States Attorney
(912) 654-2116
This Court, having jurisdiction over this
action pursuant to 42 U.S.C. § 1973j(f) and 28 U.S.C. §§ 1331 and 1345, has considered
the United States' claim under Section 2 of the Voting Rights Act of 1965, as amended, 42
U.S.C. § 1973, and has considered the terms of the Consent Decree, and hereby enters the
relief set forth above and incorporates those terms herein.
ENTERED and ORDERED this _10th__ day of _February___, 2006.
