Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

WILKES CTY. v. UNITED STATES

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


April 20, 1978

WILKES COUNTY, GEORGIA et al., Plaintiffs,
v.
UNITED STATES OF AMERICA, Defendant. WILKES COUNTY SCHOOL DISTRICT et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Findings of Fact

1. The Board of Commissioners of Wilkes County, Georgia, is the governing body of Wilkes County, one of 159 counties of Georgia, Ga. Code § 23-101, and the Board of Education is the governing body of the Wilkes County School District, a school district under the law of the State of Georgia. The State of Georgia is subject to the prohibitions of Section 4(a) of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973b(a). Complaint and Answer, paragraphs 1 and 3; *fn1" 30 Fed. Reg. 9897 (Aug. 6, 1965).

 2. The Board of Commissioners consists of a chairman and four other members, all selected for office by election. As of November 1, 1964, the chairman was elected at large and the four other members were elected from single-member districts; terms of office were not staggered. Ga. Laws 1958, Vol. II, p. 2091. Complaint and Answer, paragraph 7, No. 76-1045.

 3. In 1967, effective in 1970, the terms of office for the Board of Commissioners became staggered. In 1972, the electoral system was changed so that the four members besides the chairman would be elected at large, while still required to reside in the districts previously used. In 1975, the electoral system for the Board of Commissioners was recodified. A majority vote is required for nomination for the Board of Commissioners. Ga. Laws 1972, Vol. II, p. 3337; Ga. Laws 1975, Vol. II, p. 1979. Complaint and Answer, paragraph 7, No. 76-1045. Ga. Code Sec. 34-1513.

 4. The practices and procedures for the election of the Board of Commissioners different from those in effect on November 1, 1964 have not received administrative preclearance pursuant to Section 5 of the Voting Rights Act, as amended, 42 U.S.C. § 1973c. Complaint and Answer, paragraph 14, No. 76-1045.

 5. The Board of Education consists of a chairman and four other members, all selected for office by election. As of November 1, 1964, the chairman was elected at large and the four other members were elected from single-member districts. Ga. Laws 1958, Vol. I, p. 460. Complaint and Answer, paragraph 7, No. 76-1046.

 6. In 1972, the electoral system for the Board of Education was changed so that all members would be elected at large, with each member required to reside in one of the four districts and with two members, elected from posts, to be residents of election district 1, the most populous district. A majority vote is required for nomination for the Board of Education. Ga. Laws 1972, Vol. I, p. 1518. Complaint and Answer, paragraph 7, No. 76-1046. Ga. Code Sec. 34-1513.

 7. The practices and procedures for the election of the Board of Education different from those in effect on November 1, 1964, have not received administrative preclearance pursuant to Section 5 of the Voting Rights Act. Complaint and Answer, paragraph 14, No. 76-1046.

 8. Relevant statistical data from the record and from the 1970 census with respect to the population and number of registered voters, by race, for the four districts of the county previously used as single-member districts and now used as residency districts are presented in the following table: Table 1. Population and Registered Voters by Election District Total Population Number n1 Percentage n2 Election District Total White Black White Black Total 1 4818 2342 2476 48.6 51.4 3132 2 1610 1078 532 67.0 33.0 1085 3 1691 916 775 54.2 45.8 1112 4 2065 1002 1063 48.5 51.5 1342 Total 10184 5338 4846 53.0 47.0 6671 Voting Age Registered Voters Population n3 (August 1977) n4 Number Percentage Number Percentage Election District White Black White Black Total White Black White Black 1 1683 1449 53.8 46.2 2418 1582 836 65.4 34.6 2 774 311 71.3 28.7 731 687 44 94.0 6.0 3 658 454 59.2 40.8 870 611 259 70.2 29.8 4 720 622 53.7 46.3 845 532 313 63.0 37.0 Total 3835 2836 57.5 42.5 4864 3421 1452 70.1 29.9

19780420

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.