Mississippi: Groups say Mississippi needs lessons on fair voting laws | The Advertiser

Voting rights advocates say there’s a message for Mississippi in lawsuits the Justice Department has filed over the last two months to block voting-law changes in Texas and North Carolina. The suits claim the changes, including new voter ID laws, would suppress the minority vote. Mississippi is moving ahead with its own voter ID law, and voting rights advocates say the recent legal actions by the Justice Department should put the state on notice that it may be next. “The battle in North Carolina, Texas, they’re not just state fights,” said William Barber, president of the North Carolina NAACP. “They are state battles that have national implications. If you don’t stop it here, it has the potential like a virus to spread across the country.”

North Carolina: What the Federal voting rights lawsuit could mean for North Carolina | Facing South

Yesterday U.S. Attorney General Eric Holder formally announced his plans to sue the the state of North Carolina for passing what many civil rights advocates have called the worst voter suppression law in the nation. Holder is filing suit under Section Two of the Voting Rights Act, which prohibits denying or abridging voting rights for people of color. Holder is also requesting a federal court to enter the state of North Carolina into preclearance oversight under Section Three of the law. If the Justice Department’s suit is successful, the state’s new preclearance status will mean it will have to submit any election changes to the federal government for review to ensure no racial discrimination will result before they can be applied.

National: DOJ reloads in battle over voting rights | The Hill

The Obama administration launched a legal challenge Monday to North Carolina’s restrictive new voting law, accusing the state’s legislature of intentionally discriminating against black voters. A Justice Department lawsuit filed in North Carolina federal court is the latest salvo in a heated battle over protections for minority voters and the limits of federal government authority over state election regulations. The action follows a major setback for the administration this summer, when a divided Supreme Court sided against the Justice Department’s challenge of a Texas state law, effectively gutting a major portion of the Voting Rights Act. “The administration promised a decisive response and this is it,” UCLA law professor Adam Winkler said, describing the North Carolina case as “a bold move.” At issue are provisions of a new Tar Heel State statute that would reduce the number of early voting days and require North Carolinians to show photo identification before they are allowed to cast ballots.

North Carolina: Justice Department challenges North Carolina voter ID law | Politico

The Justice Department filed suit against North Carolina on Monday, charging that the Tar Heel State’s new law requiring voters to show photo identification at the polls violates the Voting Rights Act by discriminating against African-Americans. Attorney General Eric Holder announced the lawsuit at Justice Department headquarters, flanked by the three U.S. attorneys from North Carolina. “Allowing limits on voting rights that disproportionately exclude minority voters would be inconsistent with our ideals as a nation,” Holder said. “And it would not be in keeping with the proud tradition of democracy that North Carolinians have built in recent years.” Holder charged that North Carolina’s legislation wouldn’t just incidentally hurt African American turnout, but was intentionally designed that way. “The Justice Department expects to show that the clear and intended effects of these changes would contract the electorate and result in unequal access to participation in the political process on account of race,” the attorney general said.

North Carolina: Gov. McCrory says Justice Department’s voting lawsuit is ‘overreach and without merit’ | News Observer

Gov. Pat McCrory on Monday called the U.S. Justice Department’s lawsuit against North Carolina’s voting law “overreach and without merit.” “I firmly believe we’ve done the right thing. I believe this is good law. And I strongly disagree with the action that the attorney general has taken,” McCrory told reporters. The governor, dressed more casually than normal after his visit to the N.C. Zoo earlier in the day, struck a defiant tone in his remarks. He cast the legal battle as a matter of state’s rights, saying he would “defend our right to have common sense laws right here in North Carolina.”

Mississippi: Democrats ask Justice Department to observe Hattiesburg mayoral election | The Clarion-Ledger

Saying that “some of the controversy surrounding” Hattiesburg’s special mayoral election has taken on a racial tone it finds “troubling,” the Democratic Party of Mississippi has asked the federal government to send representatives to observe the Sept. 24 election. In a letter dated Aug. 23, 2013, Mississippi Democratic Party Chairman Rickey L. Cole made the request of United States Attorney General Eric Holder. “The more eyes on the process, the better,” Cole said Wednesday. “The more attention and daylight that’s brought into the process, whether there was anything untoward that happened or might have happened or not, it’s much better to have independent observers to make their observations from the standpoint of a disinterested person.” Hattiesburg Mayor Johnny DuPree, whose 37-vote victory in June over former City Councilman Dave Ware was challenged in court and eventually led to the second election, said in a statement Wednesday that he had asked Coleman to make the request.

Editorials: Texas and the Voting Rights Act: Bigotry for the right reasons | The Economist

Last month Eric Holder, the attorney-general, asked a district court to make Texas “pre-clear” any proposed changes to its election procedures with the federal government. Texas was doing this as a matter of course in every election for the last 40 years: it was subject to Section 5 of the Voting Rights Act (VRA). That section requires jurisdictions with a history of discrimination against minority voters to get approval from either the Justice Department or a federal district court in Washington, DC before changing their election procedures to ensure those changes have “neither discriminatory purpose or effect”. But the Supreme Court’s ruling in Shelby County v Holder last June made Section 5 vestigial. The court found that the formula used to determine which jurisdictions must pre-clear changes was outdated, but it did not, as some VRA opponents had hoped, find Section 5 a violation of the tenth amendment. Hence Mr Holder’s turn to the previously little-used (because little-needed) Section 3 of the VRA, which lets courts mandate pre-clearance for jurisdictions found to be violating the 14th- or 15th-amendment guarantees of equal protection and access to the ballot. In this case, Mr Holder argues, the violation stems from state redistricting plans proposed in 2011—plans that a federal court already rejected, saying that they “provided more evidence of discriminatory intent than [the Court had] space, or need, to address.”

National: The coming war over voting rights | Politico.com

State lawmakers from around the country crowded into a packed room Monday at the meeting of the National Conference of State Legislatures to learn more about the impact of the Supreme Court’s recent decision striking down the Voting Rights Act as activists gear up for a new battle over the ballot box. The panelists that led at the NCSCL gathering in Atlanta said there’s so much interest in possible voting changes that more chairs had to be brought in for the larger-than-expected crowd that topped 100. With legislatures in most states out session at the time, both sides – those who favor additional restrictions and those want to stop any such efforts – are planning for what could be a long and complicated fight in the months ahead – from the Statehouse to the town council. “It’s a quiet before the storm period, and it’s hard to tell when the storm is going to hit,” attorney Jeffrey M. Wice told POLITICO after the panel. “No one expects Congress to act, and there’s also a wait and see approach to see how far think tanks and legal defense organizations go to bring lawsuits to expand [VRA] challenges.”

Texas: Texas on voting rights: It’s not about race, just politics | MSNBC

Texas didn’t discriminate against minority voters. It was only because they were Democrats. And even if it did, the racial discrimination Texas engaged in is nowhere near as bad as the stuff that happened in the 1960s. These are some of the arguments the state of Texas is making in an attempt to stave off federal supervision of its election laws. In late July, citing the state’s recent history of discrimination, the Justice Department asked a federal court to place the entire state back under “preclearance.” That means the state would have to submit its election law changes in advance to the Justice Department, which would ensure Texas wasn’t disenfranchising voters on the basis of race. This week, Texas submitted a brief arguing that placing the state back under preclearance would be an “extreme” encroachment on state sovereignty and denying that they ever discriminated against minority voters in the state. “I don’t think it’s going to work, frankly. The mere desire to achieve partisan advantage does not give Texas a free hand to engage in racial discrimination,” says Brenda Wright, a voting law expert with the liberal think tank Demos. “If the only way you can protect white incumbents is by diluting the voting strength of Hispanic citizens, you are engaging in intentional racial discrimination, and the courts will see that.”

National: After Shelby, Voting-Law Changes Come One Town at a Time | Frontline

Just over a month after the Supreme Court overturned a key provision of the Voting Rights Act, seven states — five of which were covered under the law — are moving ahead with voting changes that could affect the 2014 Congressional election. The Justice Department has sued Texas to prevent new voting changes and threatened to step in elsewhere. But the battle for the ballot box isn’t going to be waged on the national level, or even the state level, voting-rights advocates say. It’s going to be fought in cities and small towns, at the level of county seats, school boards and city councils. That’s where 85 percent of the DOJ’s Section 5 objections have been under the Voting Rights Act since it was passed. And that’s where legal challenges, the only remaining remedy to fight voter discrimination, are likely to take place, said Dale Ho, head of the ACLU’s Voting Rights Project. “That’s what we’re really worried about,” Ho said, adding: “I need more lawyers.”

Alabama: Redistricting trial scheduled to begin Thursday | The Montgomery Advertiser

A federal court Thursday is scheduled to begin hearing arguments over the state’s new legislative district lines, and whether they strictly followed the terms of the Voting Rights Act or were an attempt to dilute black lawmakers’ influence on legislation. The lawsuit, bought by the Alabama Legislature’s Black Legislative Caucus, alleges that that a reapportionment plan approved by the Republican-majority Legislature in 2012 — and ultimately approved by the U.S. Justice Department — pushes black voters, who tend to vote Democratic, into a limited number of districts, and limits their ability to form coalitions with white voters. The Caucus alleges that violates Section 2 of the 1965 Voting Rights Act, which prohibits voting practices that discriminate on the basis of race.

Editorials: The US civil war is playing out again – this time over voter rights | David A Love/theguardian.com

Nearly 150 years after the end of the US civil war, the South and the federal government are poised for a rematch over the voting rights of black Americans, and ultimately over the fundamental rights of all Americans. Once again, the former Confederate states are determined to defend their traditions and way of life, while the Union forces in the North – the federal government – are positioning themselves to defend justice and equality. But this time, in an ironic twist, two black men – President Barack Obama and Attorney General Eric Holder – are leading the charge. In the 1860s, the fight between the North and the South was about slavery and the right of the Confederate states to maintain a dreaded institution that kept people of African descent in bondage. Unprecedented carnage resulted. A century later – in light of the 1954 US supreme court decision in Brown v Board of Education of Topeka, which ended racial segregation in public schools – the South struggled to maintain a Jim Crow system that kept black people legally and politically impotent, all in the name of states’ rights. Two hallmarks of the civil rights movement are the Civil Rights Act of 1964 and Voting Rights Act of 1965. Passed by Congress and signed into law by President Lyndon Johnson, the legislative victories were achieved only through the blood of civil rights workers, both black and white, who were beaten, sprayed with fire hoses, shot, firebombed, bitten by police dogs and lynched.

Editorials: Right to vote needs federal protection | Steve and Cokie Roberts/Albany Herald

Cokie’s mother, Lindy Claiborne Boggs, was born on a plantation in the segregated south before women could vote. When she died last week at 97, Barack and Michelle Obama celebrated “her legacy as a champion of women’s and civil rights [that] will continue to inspire generations to come.” Protecting the right to vote was the central principle of Lindy’s political career. During the Louisiana governor’s race of 1939, she organized a group of women to prevent a corrupt machine from stealing the election. One of her cohorts stayed through the night “in a rough waterfront precinct” guarding a ballot box. Another was “pasted” by a rival and wound up with “a black eye and a swollen lip,” Lindy wrote in her memoir, “Washington Through a Purple Veil.” Lindy eventually served 18 years in Congress, succeeding her husband Hale, who was killed in a plane crash in 1972. Hale risked his career to support the Voting Rights Act of 1965, and a cross was later burned on their lawn in New Orleans to protest his vote. “Hale and I strongly believed that the freedom to register and to vote were inherent rights of all citizens of the United States, and that only through the exercise of those rights could true democracy operate,” Lindy wrote.

Editorials: Texas Shows Congress Must Update the Voting Rights Act | Spencer Overton/Huffington Post

A recent court action against Texas is important, but it should not fool us into believing that existing laws are sufficient to protect voting rights. Indeed, the central lesson from Texas is that Congress must update the Voting Rights Act. Last week, the Justice Department joined several civil rights groups in asking a federal court to require that Texas preclear its future voting changes with federal officials. The Department relied on Section three of the Voting Rights Act, which remains in force even after last month’s Supreme Court decision. Section three allows a court to “bail in” to coverage areas with contemporary, intentional voting discrimination. Significant discrimination persists in Texas, and the court should order Texas to preclear future voting changes.

National: Obama Reassures Leaders on Enforcing Voting Rights | New York Times

Days after his administration filed suit against Texas to protect minority voters, President Obama told civil rights leaders and local officials on Monday that the federal government would vigorously enforce voting rights in the country despite a Supreme Court ruling against a core section of a landmark 1965 law, several participants said after a White House meeting. “The president said that the Voting Rights Act is not dead, it’s not even critical, it’s just wounded,” said the Rev. Al Sharpton, the civil rights activist and MSNBC talk show host. “He was very reassuring,” Mr. Sharpton added. Mr. Obama met with the group for about 40 minutes, and administration officials led by the attorney general, Eric H. Holder Jr., met with the group for a bit longer. The administration was addressing what Mr. Sharpton described as the civil rights community’s “alarm” over the court’s 5-to-4 vote last month. In that case, Shelby County v. Holder, the majority struck down as outdated and unnecessary the law’s language requiring that the federal government review and clear any changes in election laws in nine states, most of them in the South.

National: Obama vows fight on voting rights | Washington Times

President Obama told a gathering of civil rights leaders at the White House on Monday that his administration is committed to restoring legal protections for minority voting, and a Florida legislator who attended the meeting said his colleagues are motivated by the knowledge that slain black Florida teen Trayvon Martin would have been eligible to vote next year. The president and Attorney General Eric H. Holder Jr. assured the group that they will work on a legislative response to the Supreme Court’s decision in June that struck down Section 4 of the Voting Rights Act, a key section that the administration said was needed to combat discrimination in targeted states and districts. That provision required states with a history of voting discrimination to submit any changes on election law to the Justice Department for approval.

Editorials: In Going After Texas Voting Policies, Holder Takes John Roberts at His Word | Garrett Epps/The Atlantic

“The way to stop discrimination on the basis of race,” Chief Justice John Roberts wrote in 2007, “is to stop discriminating on the basis of race.” We will now find out whether Roberts’s anti-racist rhetoric is serious, or is a code phrase meaning that the era of civil rights is now over by judicial fiat. On Thursday, Attorney General Eric Holder announced that the Justice Department would ask a federal District Court to require the state of Texas to obtain prior permission before implementing its voter ID and other new voting laws. As is widely known, the Supreme Court in June gutted Section 5 of the Voting Rights Act–the “preclearance” requirement that obliged states and local governments with long racist histories to obtain advance permission for changes in their voting systems.  Roberts himself wrote the 5-4 opinion. Most news accounts focused on his blithe statement that (in the era of Trayvon Martin and Paula Deen) “our Nation has made great strides,” and thus need not suspect Southern state governments of racism.

National: Attorney General opens new front on voting rights protection | Los Angeles Times

Attorney General Eric Holder announced Thursday the Justice Department is opening a new front in the battle for voting rights in response to a Supreme Court ruling that dealt a major setback to voter protections. In a speech to the Urban League in Philadelphia, the attorney general said the Justice Department is asking a federal court in San Antonio to require the state of Texas to obtain approval in advance before putting future voting changes in place. This requirement to obtain “pre-approval” from either the Justice Department or a federal court before making changes to voting laws is available when intentional voting discrimination is found. It is the department’s first action to protect voting rights following the Supreme Court’s decision on June 25, “but it will not be our last,” Holder said in prepared remarks.

North Carolina: Elections bill headed to McCrory | Charlotte Observer

The legislature on Thursday passed a package of strict voting measures that may invite a federal lawsuit. The bill’s supporters said the measure will restore the integrity of elections and can withstand any challenge under federal law or the state constitution. But critics say the legislation is ripe for a legal challenge. The Senate gave the bill final approval with a 33-14 vote. The House followed, sending the bill to Gov. Pat McCrory for his signature with a 73-41 vote. As the House tally was read, Democrats stood, held hands and bowed their heads. The bill was much more expansive than the relatively straight-forward voter ID legislation the House approved in April that allowed students at state universities to use their school identification cards. The Senate changed the House ID provisions and added many more rules that Democrats said would discourage minority, student and elderly voters. “This is about a fear to lose power,” said Rep. Yvonne Lewis Holley, a Raleigh Democrat. “The Senate is afraid.”

Texas: Justice Department to Seek Curbs on Texas Voting-Law Changes | Businessweek

The U.S. Justice Department, deprived by the Supreme Court of the power to pre-emptively halt state voting laws it finds discriminatory, will seek a federal court ruling to force Texas to get approval before changing any voting laws. “We believe the state of Texas should be required to go through a preclearance process whenever it changes its voting laws and practices,” Attorney General Eric Holder Holder said in prepared remarks for the National Urban League Annual Conference in Philadelphia. The U.S. Supreme Court struck down a cornerstone of the Voting Rights Act when it ruled invalid a rule that certain states, including Texas, must get Justice Department approval before changing their election rules.

Editorials: Sabotaging the FEC | Los Angeles Times

Not content to be merely ineffectual while they’re in office, the three Republicans on the Federal Election Commission are now trying to inhibit the agency from enforcing campaign finance laws after they leave. Ordinarily, they wouldn’t have the power to impose their ideological agenda, but a vacancy on the Democratic side of the panel gives them a temporary majority. Using it to push through the changes they’ve proposed would be a cynical move giving candidates and special interests even more freedom to thumb their noses at campaign finance law. The 1974 statute that created the FEC takes pains to keep the commission from becoming partisan, mandating that the president appoint three commissioners from each party and requiring the support of at least four commissioners to launch an investigation, sue a suspected lawbreaker or issue an advisory opinion. The four-vote requirement doesn’t apply, however, to amending the commission’s enforcement manual, which outlines how the agency launches investigations and carries out other duties. With one of the Democratic seats vacant, the three GOP commissioners are pushing for changes in the manual that would hamstring the agency’s staff and shift much of the fact-finding burden onto the people who bring complaints.

National: Congress divided on voting rights fix | The Greenville News

The Voting Rights Act remains an effective tool for preventing discrimination against minority voters even after the Supreme Court threw out a key section last month, a key House Republican said Thursday. Democrats countered that the remaining provisions aren’t enough and said the one the court overturned needs to be replaced. That dispute played out before the House Judiciary Subcommittee on the Constitution and Civil Justice, the second congressional panel this week to discuss the Supreme Court’s June 25 decision in a historic case out of Shelby County, Ala. The court’s 5-4 decision ended the 48-year-old requirement that certain states with a history of discrimination at the polls — including Alabama and South Carolina — obtain “pre-clearance” from federal officials before making any changes to their election procedures.

National: Voting rights enforcers shift focus after Supreme Court defeat | Reuters

he U.S. office charged with protecting the voting rights of racial minorities is changing its focus but not its commitment after the Supreme Court last month invalidated part of a federal voting rights law, U.S. Attorney General Eric Holder said on Tuesday. Speaking at a major civil rights convention in Florida, Holder said he was shifting staff within the Justice Department’s Civil Rights Division to emphasize enforcement of parts of the law that the high court left untouched. In June, a 5-4 conservative majority of the Supreme Court struck down a section of the 1965 Voting Rights Act that allowed the Justice Department to block states and localities from enacting election laws that could be discriminatory. The court ruled that the formula for determining which states and localities were subject to the additional scrutiny was out of date. Lawmakers could update the formula, the court said, but it remains unclear whether they will.

National: FEC engulfed in power struggle over staff independence | The Washington Post

Long-standing dysfunction at the Federal Election Commission reached a new level of personal acrimony in recent weeks, fueled by a power struggle between Republican commissioners and the agency’s top lawyer, who abruptly resigned. The battle threatens to further obstruct the work of the beleaguered commission, which is charged with policing candidates’ and political groups’ compliance with disclosure rules and other requirements of the vast campaign finance system. The fight is centered on a push by the Republican commissioners to bar FEC staff members from sharing information with federal prosecutors unless the panel — currently dominated by GOP members — gives its approval. The commission’s lone Democrat and many campaign-finance experts say the move could politicize such decisions and hamper the ability of the FEC and the Justice Department to prosecute election violations.

Editorials: The Federal Election Commission’s wrong-headed proposal to change rules | The Washington Post

Immobilized by political gridlock, the Federal Election Commission (FEC) has allowed its enforcement actions to nosedive in recent years. Now outgoing commission Vice Chairman Donald F. McGahn II, a former general counsel to the National Republican Congressional Committee, could be seeking to take advantage of a temporary 3-to-2 Republican majority on the FEC to write Republican stall tactics into agency rules. Mr. McGahn and other Republican commissioners have proposed a version of the FEC enforcement manual that would prevent the agency’s general counsel from consulting, without commission approval, publicly available information when considering an enforcement matter. It would also severely restrict information-sharing between the FEC and the Justice Department.

National: The secret weapon that could save the Voting Rights Act | MSNBC

Voting rights advocates are testing whether a little-used provision of the Voting Rights Act could limit the damage of the Supreme Court ruling that struck down a key part of the landmark civil rights law. Hours after the Supreme Court’s verdict was announced, representatives for the state of Texas celebrated its demise by announcing that they would move ahead with restrictive voting law changes that will disproportionately disenfranchise minorities. Those changes were previously blocked by the Justice Department, through a part of the Voting Rights Act the forces jurisdictions with a history of discrimination in voting to submit their election law changes to Washington in advance, often referred to as “preclearance,” under Section 5. Preclearance prevented discrimination in advance, rather than relying on drawn out litigation that might not be resolved until long after ballots are cast. Section 4 of the Voting Rights Act, which the high court struck down as unconstitutional, determined which jurisdictions were covered by that requirement. But Section 3 of the Voting Rights Act allows the federal government to subject jurisdictions with recent records of deliberate discrimination to the preclearance requirement. With Congress polarized and unlikely to come together to fix Section 4′s coverage formula, Section 3 could become the primary tool for the Justice Department and voting rights activists seeking to patch the gaping hole left by the Supreme Court’s verdict. Travis Crum, now a clerk for federal judge David S. Tatel, laid out this approach in an article for the Yale Law Journal in 2010, anticipating that the Supreme Court would someday strike down part of the Voting Rights Act. Crum called Section 3 the Voting Rights’ Act’s “secret weapon.”

National: DOJ Denounces Voting Rights Act Decision | National Law Journal

For months, Attorney General Eric Holder Jr. has insisted in speeches that the U.S. Department of Justice will remain aggressive in protecting the right to vote no matter how the U.S. Supreme Court ruled in the latest challenge of the Voting Rights Act. Holder’s words will be put to a test after the high court on June 25 struck down a key anti-discrimination provision in federal voting rights law. Last week, Holder said the “decision represents a serious setback for voting rights — and has the potential to negatively affect millions of Americans across the country.” Holder only hinted at just how seriously the justices’ ruling in Shelby County v. Holder would wound voting rights enforcement — an effort the attorney general has repeatedly highlighted as among his proudest achievements as the nation’s top law enforcement official. Former government lawyers say the ruling will force the Civil Rights Division into less efficient enforcement paths, potentially causing a resources crisis that could greatly reduce the government’s effectiveness.

Editorials: Voting Rights Act: What Now? | Philadelphia Inquirer

A divided Supreme Court on Tuesday invalidated a crucial component of the landmark Voting Rights Act of 1965, ruling that Congress has not taken into account the nation’s racial progress when singling out certain states for federal oversight. The vote was 5-4, with Chief Justice John G. Roberts Jr. and the other conservative members of the court in the majority. The court did not strike down the law itself or the provision that calls for special scrutiny of states with a history of discrimination. But it said Congress must come up with a new formula based on current data to determine which states should be subject to the requirements. Proponents of the law, which protects minority voting rights, called the ruling a death knell. It will be almost impossible for a Congress bitterly divided along partisan lines to come up with such an agreement, they said. There could be immediate consequences from the court’s ruling. Texas Attorney General Greg Abbott said his state would move forward with a voter-ID law that had been stopped by a panel of federal judges and would carry out redistricting changes that had been mired in court battles.

National: Supreme Court kills Voting Rights Act federal oversight provision | Los Angeles Times

sharply divided Supreme Court has struck down a key part of the historic Voting Rights Act of 1965, freeing the Southern states from federal oversight of their election laws and setting off a fierce reaction from civil rights advocates and Democratic leaders. The court’s conservative majority moved boldly Tuesday to rein in a law revered by civil rights groups that is credited with transforming the South by ensuring blacks could register and vote. In doing so, the court eliminated a tool that the Justice Department used hundreds of times to prevent cities, counties and states from adopting allegedly discriminatory voting rules. The court left open the possibility that Congress could fix the law, but the partisan gridlock that has dominated the legislative branch in recent years appears to make that unlikely.

National: States Reined In by 1965 Voting Act Await a Decision | New York Times

There is little agreement on anything, even when it all started, but sometime in the last decade the Beaumont Independent School District became a battle zone. Tempers have flared at school board meetings and lawsuits have been filed, as a mostly white group of critics have charged the black-majority school board with enabling corruption, wasteful spending and academic cheating. The school board’s majority denies the charges and says the whites simply cannot tolerate black control. Determined to change the board but aware that the incumbents could not be beaten in the current districts, the critics pursued alternatives. Last December, they pushed for a new election method that was approved, along narrow racial lines, in a citywide referendum. The Justice Department, citing Section 5 of the Voting Rights Act, objected to the new method and it was dropped.