Joint MOTION for Entry of Final Judgment (Consent Judgment and Decree) by MIDDLESEX COUNTY, VIRGINIA, ALBERTO R. GONZALES, WAN J. KIM (Attachments: # 1 Statement of Facts Parties' Stipulation of Facts# 2 Text of Proposed Order Consent Judgment and Decree)(Hebert, J.) (Entered: 12/05/2007)
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Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA
MIDDLESEX COUNTY, VIRGINIA,
a political subdivision of the
Commonwealth of Virginia,
)
)
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL B. MUKASEY,
)
Attorney General of the
)
United States of America,
)
GRACE CHUNG BECKER,
)
Acting Assistant Attorney General,
)
Civil Rights Division, United States
)
Department of Justice, Washington, DC,
)
)
Defendants.
)
____________________________________)
C.A. No. 07-cv-01485 (TFH)
(Three-judge court)
JOINT MOTION FOR ENTRY OF CONSENT JUDGMENT AND DECREE
The plaintiff Middlesex County, Virginia, and the Defendants Michael B.
Mukasey and Grace Chung Becker1, through counsel, respectfully move this three-judge
Court for entry of the attached Consent Judgment and Decree. As grounds for this
motion, the parties would show unto this Court the following:
1. This is an action in which Middlesex County, Virginia seeks a bailout from
coverage under Section 4 of the Voting Rights Act of 1965, as amended, 42
U.S.C. §1973b.
2. The defendants have consented to the requested bailout and the proposed Consent
Judgment and Decree would grant a bailout to Middlesex County.
1
Defendants Mukasey and Becker are successors in office and thus automatically substituted as parties for
original defendants Gonzales and Kim. See Rule 25(d), Federal Rules of Civil Procedure.Page 2 3. The proposed Consent Judgment and Decree is nearly identical to those that have
been entered by other three-judge courts in declaratory judgment actions brought
under Section 4 of the Voting Rights Act, as amended, 42 U.S.C. §1973b. See,
e.g., City of Fairfax, v. Reno, C.A. No. 97-2212 (D.D.C. October 21, 1997);
Roanoke County, VA v. Reno, C.A. No. 00-1949 (D.D.C. January 24, 2001); City
of Winchester, VA v. Ashcroft, C.A. No. 00-3073 (D.D.C. May 31, 2001); City of
Harrisonburg v. Ashcroft, C.A. No. 1:02CV00289 (D.D.C. April 17, 2002).
Greene County v. Ashcroft, C.A. No. 03-1877 (D.D.C. Jan. 19, 2004); and
Augusta County, VA v. Gonzales, C.A. No. 05-1885 (D.D.C. 2005). As in those
actions, this motion is based on the Stipulation of Facts which is being filed
simultaneously herewith.
WHEREFORE, Plaintiff and Defendants respectfully pray that this joint motion
be granted.
2Page 3 Respectfully submitted,
For the Plaintiff MIDDLESEX COUNTY:
/s/ J. Gerald Hebert
J. GERALD HEBERT
Attorney at Law
5019 Waple Lane
Alexandria, Va. 22304
(703) 628-4673
DC Bar No. 447676
For the Defendants MUKASEY and BECKER:
MICHAEL B. MUKASEY
Attorney General
GRACE CHUNG BECKER
Acting Assistant Attorney General
JEFFREY A. TAYLOR
United States Attorney
/s/ Christy McCormick
JOHN TANNER
GAYE L. TENOSO
CHRISTY McCORMICK
Attorneys, Voting Section
Civil Rights Division
United States Department of Justice
Room 7254 - NWB
950 Pennsylvania Ave., N.W.
Washington, DC 20530
(202) 514-2386
3Page 4 IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA
MIDDLESEX COUNTY, VIRGINIA,
a political subdivision of the
Commonwealth of Virginia,
)
)
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL B. MUKASEY,
)
Attorney General of the
)
United States of America,
)
GRACE CHUNG BECKER,
)
Acting Assistant Attorney General,
)
Civil Rights Division, United States
)
Department of Justice, Washington, DC,
)
)
Defendants.
)
____________________________________)
C.A. No. 07-cv-01485 (TFH)
(Three-judge court)
STIPULATION OF FACTS
This action was initiated by Middlesex County, a political subdivision of the
Commonwealth of Virginia (hereafter "the County"). The County seeks a declaratory
judgment pursuant to Section 4(a) of the Voting Rights Act of 1965, as amended, 42
U.S.C. §1973b.
The parties1 have jointly moved this three-judge Court for entry of a Consent
Judgment and Decree to resolve this action. In support of that motion, the parties have
entered into the following stipulation of facts. The facts in this stipulation may be
received into evidence in lieu of further proof or testimony.
It is hereby stipulated, by and between the respective parties, that:
1
Defendants Mukasey and Becker are successors in office and thus automatically substituted as parties for
original defendants Gonzales and Kim. See Rule 25(d), Federal Rules of Civil Procedure.Page 5 1. Plaintiff Middlesex County (“the County”) is a political subdivision of the
Commonwealth of Virginia and a political subdivision of a state within the meaning of
Section 4(a) of the Voting Rights Act, 42 U.S.C. §1973b(a)(1). Middlesex County is
located at the eastern end of Virginia's Middle Peninsula. The County is bounded by the
Rappahannock River to the north, by the Chesapeake Bay to the east, by the Piankatank
River and Dragon Run Swamp to the southwest, and by Essex County to the northwest.
The County has a land area of 130 square miles and 135 linear miles of shoreline.
2. Located within Middlesex County is the Town of Urbanna (“the Town”).
Residents of the Town are eligible to participate in town elections and in county
elections.
3. In addition to the County itself, there are elected governmental units that exist
completely in Middlesex County within the meaning of 42 U.S.C. §1973b(a)(1). One of
these is the town government of Urbanna, which is governed by a Town Administrator,
Mayor and 6-member town council. Another governmental unit operating completely
within Middlesex County is the five-member Middlesex County School Board, which are
elected in odd years to four-year staggered terms from the same districts as members of
the County Board of Supervisors.
4. Middlesex County is a covered jurisdiction subject to the special provisions of
the Voting Rights Act, including Section 5 of the Act. 42 U.S.C. §1973c. Under Section
5, the County is required to obtain preclearance from either this Court or from the
Attorney General for any change in voting standards, practices and procedures since the
Act’s November 1, 1964 coverage date for Virginia.
2Page 6 5. Middlesex County was designated as a jurisdiction subject to the special
provisions of the Voting Rights Act on the basis of the determinations made by the
Attorney General that Virginia maintained a “test or device” as defined by Section 4(b) of
the Act on November 1, 1964, and by the Director of the Census that fewer than 50
percent of the persons of voting age then residing in the state voted in the 1964
presidential election. 42 U.S.C. §1973b(b). The “test or device” triggering preclearance
coverage under Section 5 was an article of the Virginia Constitution providing for a
literacy test as a prerequisite for citizens to become electors. Va. Const. Art. II, Sec. 20
(1902). The literacy test was repealed by the Virginia Constitution of 1972.
6. The Middlesex County Board of Supervisors is the governing body that
formulates policies for the administration of government in Middlesex County. It is
comprised of five members elected from single-member districts to serve four-year
staggered terms. The County Board of Supervisors appoints a County Administrator to
serve as the County's chief administrative officer. The general day to day operations of
Middlesex County are controlled by the Office of the County Administrator.
7. According to the 2000 census, Middlesex County, Virginia has a total
population of 9,932. Of this number, 1,999 persons (or 20.1%) are black and 55 (or .6%)
are Hispanic. The voting age population of the County, according to the 2000 census, is
8,023. Of this number, 1,563 (19.5%) are black. The Town of Urbanna, according to the
2000 census, has a total population of 543. Of this number, 19 (3.5%) are black and 3
(.6%) are Hispanic.
8. Like other jurisdictions in the Commonwealth of Virginia, the County does not
collect or maintain voter registration data by race. Current data show, however, that a
3Page 7 significant proportion of the County’s voting age population is registered to vote. As of
November 2006, there were 7,348 registered voters in Middlesex County.
9. The number of registered voters in the County has steadily risen over the last
few years. In 1998, for example, there were 5,989 registered voters in the County. By
2003, the number of registered voters had grown to 6,601. The number of registered
voters in the County has continued to grow. As of 2006, there were 7,348. Thus, from
1998 to 2006, the total number of registered voters in the County has grown by 23%
(from 5,989 in 1998 to 7,348 in 2006).
10. Voter turnout in elections within Middlesex County (i.e., the percentage of
those registered voters who cast ballots) varies according to the offices up for election. In
the last two Presidential elections (2000 and 2004), for example, 75.8% and 76.9% of the
County’s registered voters turned out to vote, respectively. In the General Elections for
state and county offices held in November 1999, 2001, 2003, and 2005, 62.7%, 58.6%,
51.2%, and 54.1% of the County's registered voters turned out to vote, respectively.
11. There are presently a total of seven polling locations located conveniently to
voters across the County. All polling places in the County are accessible to voters with
physical disabilities.
12.
Black candidates have had a long history of electoral success in Middlesex
County. Mr. Frank Jessie, now deceased, was first elected to the Board of Supervisors in
1979, and won re-election as recently as 1999. A black candidate beat a white candidate
in the county-wide election for Sheriff in 1997. A black candidate ran unopposed in the
county-wide election for Commissioner of Revenue in November 2007.
4Page 8 The current Vice Chairman of the Middlesex County Board of Supervisors is
black, having been re-elected in 2003. In 1999, 2001, and 2003, black candidates for the
County Board and School Board each won. In the 2003 School Board race, a black
candidate defeated a white candidate.
13. Since 1996, Middlesex County has made 15 preclearance submissions to the
United States Department of Justice pursuant to Section 5 of the Voting Rights Act, 42
U.S.C. §1973c. Of these 15 submissions, all were made by the County. None was
objected to by the Department. Two submissions were withdrawn.
14. Within the ten years preceding the filing of this action, Middlesex County has
not enforced any voting changes prior to Section 5 preclearance. Nor has the Attorney
General interposed a Section 5 objection to any change affecting voting in Middlesex
County within the past ten years. The County has not sought judicial preclearance of any
voting changes in this Court.
15. Voter registration opportunities in the County are readily and equally
available to all citizens. The voter registration office for the County is located in the
Woodward Building with other county offices in Saluda, a location that is convenient for
all County residents. The voter registration office is open from 8:30 a.m. to 4:30 p.m.
daily.
16. Voters in Middlesex County may also register by mail, and voter registration
applications are available at locations convenient to voters in the County. The
opportunity to become a registered voter in Middlesex County is also available under the
National Voter Registration Act (the “NVRA”) at the Department of Motor Vehicle
(“DMV”) offices and at public assistance agencies in Middlesex County. The Middlesex
5Page 9 County General Registrar makes voter registration applications available at the County
social services office, County health department, all of the libraries in the County, and all
of the post offices in the County. The registrar typically does a presentation about voting
and registers high school seniors at the public high school in the spring. While in past
years most voters became registered at the County’s voter registration office, the
implementation of the NVRA in Virginia over the last decade has changed the origin of
many registration applications. Today, many of the County's new registrants register
through applications submitted through the DMV and by mail, and the opportunities for
persons to register to vote in Middlesex County has been made more convenient and
available as a result of implementation of the NVRA.
17. Middlesex County has a three-member Electoral Board, appointed pursuant
to Virginia state law. The Electoral Board is comprised of one black member and two
white members. No person recommended to serve as a poll official has been rejected by
the Electoral Board for at least the preceding ten years. The Electoral Board Secretary,
Dr. Chauncey E. Mann, Jr., is black, and has served on the Board since 1990.
18. In the last five county-wide elections (General, Primary and Special 2006,
General and Primary 2005) Middlesex County has employed 201 poll workers, of whom
33 (or 16.4%) are black. The percentage of black poll workers is slightly below the
percentage of Middlesex County’s black voting age population. Black interns have
participated in the General Registrar’s summer internship program.
19. No person in Middlesex County has been denied the right to vote on account
of race, color, or membership in a language group for at least the preceding ten years.
6Page 10 20. No "test or device" as defined in the Voting Rights Act (42 U.S.C.
§1973b(c)) has been used in Middlesex County as a prerequisite to either registering or
voting for at least the preceding ten years.
21. No final judgment of any court of the United States has determined that
denials or abridgments of the right to vote on account of race or color have occurred in
Middlesex County, nor has the County entered into any consent decree, settlement or
agreement resulting in any abandonment of a voting practice challenged on such grounds.
There are no pending actions against Middlesex County alleging such denials or
abridgments of the right to vote.
22. No voting practices or procedures have been abandoned by the County or
challenged on the grounds that such practices or procedures would have either the
purpose or the effect of denying the right to vote on account of race or color.
23. Middlesex County has not employed any voting procedures or methods of
election that inhibit or dilute equal access to the electoral process by minority voters in
the County. Minority voters in Middlesex County are not being denied an equal
opportunity to elect candidates of their choice to the County Board of Supervisors, to the
County School Board, or to the Urbanna Town Council.
24. Federal examiners have never been appointed or assigned to Middlesex
County under Section 3 of the Voting Rights Act, 42 U.S.C. §1973a.
25. Because there has not been any known intimidation or harassment of persons
exercising rights protected under the Voting Rights Act in Middlesex County within the
last ten years, neither the County nor any of its governmental units have had any occasion
to eliminate such activity.
7Page 11 26. Pursuant to 42 U.S.C. §1973b, the County has “publicize[d] the intended
commencement …of [this] action in the media serving [the County] and in the
appropriate United States post offices.” A Notice of Intent to Seek a Bailout was
published by the County in the Southside Sentinel, the County’s weekly newspaper on
March 22, March 29, and April 5, 2007. This Notice was also posted at all post offices in
the County, at the County courthouse in Saluda, at the County social services office, and
at the office of the General Registrar of Voters. The aforementioned Notice also
advertised that a public hearing would be held regarding the bailout on April 17, 2007, at
7:30 p.m. At the April 17, 2007 public hearing, not a single member of the public
appeared and thus no one spoke in opposition to the bailout or raised any questions about
the County’s proposed bailout. In addition, the County has also the proposed settlement
of this bailout action in the media serving Middlesex County and in the appropriate
United States post offices as set forth in 42 U.S.C. §1973b(a). A Notice that the
Department of Justice had agreed to the Bailout also was published by the County in the
Southside Sentinel, a weekly newspaper covering Middlesex County, on August 23,
2007, August 30, 2007, and September 6, 2007. The Notice of the Proposed Settlement
of Bailout Lawsuit was also posted at all local post offices, the courthouse, town offices,
and the County voting registration office.
27. The United States has determined that it is appropriate to consent to a
declaratory judgment in this action, pursuant to Section 4(a)(9) of the Voting Rights Act.
This consent is premised upon an understanding that Congress intended Section 4(a)(9) to
permit bailout in those cases where the Attorney General is satisfied that the statutory
8Page 12 objectives of encouraging Section 5 compliance, and preventing the use of racially
discriminatory voting practices, would not be compromised by such consent.
28. The United States’ consent in this action is based upon its own factual
investigation and consideration of all of the circumstances in this case, including the
views of minority citizens in the County, the fact that there are no defendant-intervenors,
the affirmative steps taken by the County to increase voter participation, and the absence
of evidence of racial polarization or discrimination in the electoral process within the
County.
9Page 13 Approved as to form and content:
For the Plaintiff MIDDLESEX COUNTY:
/s/ J. Gerald Hebert
J. GERALD HEBERT
Attorney at Law
5019 Waple Lane
Alexandria, Va. 22304
(703) 628-4673
DC Bar No. 447676
For the Defendants MUKASEY and BECKER:
MICHAEL B. MUKASEY
Attorney General
GRACE CHUNG BECKER
Acting Assistant Attorney General
JEFFREY A. TAYLOR
United States Attorney
/s/ Christy McCormick
JOHN TANNER
GAYE L. TENOSO
CHRISTY McCORMICK
Attorneys, Voting Section
Civil Rights Division
United States Department of Justice
Room 7254 - NWB
950 Pennsylvania Ave., N.W.
Washington, DC 20530
(202) 514-2386
10Page 14 IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA
MIDDLESEX COUNTY, VIRGINIA,
a political subdivision of the
Commonwealth of Virginia,
)
)
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL B. MUKASEY,
)
Attorney General of the
)
United States of America,
)
GRACE CHUNG BECKER,
)
Acting Assistant Attorney General,
)
Civil Rights Division, United States
)
Department of Justice, Washington, DC,
)
)
Defendants.
)
____________________________________)
C.A. No. 07-cv-01485 (TFH)
(Three-judge court)
CONSENT JUDGMENT AND DECREE
This action was initiated by Middlesex County, Virginia, a political subdivision of
the Commonwealth of Virginia (hereafter “the County”). The County is subject to the
provisions of Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. §1973c.
The County seeks a declaratory judgment under Section 4 of the Voting Rights Act of
1965, as amended, 42 U.S.C. §1973b. A three-judge court has been convened as provided
in 42 U.S.C. §1973b(a)(5) and 28 U.S.C. §2284.
Section 4(a) of the Voting Rights Act provides that a state or political subdivision
subject to the special provisions of the Act may be exempted from those provisions if it
can demonstrate in an action for a declaratory judgment before the United States
District Court for the District of Columbia that for the ten-year period prior to filing the
action and during its pendency, it has both 1) complied with the Voting Rights Act, andPage 15 2) taken positive steps both to encourage minority political participation and to remove
structural barriers to minority electoral influence. In order to demonstrate compliance
with the Voting Rights Act during the ten-year period prior to commencement of a
declaratory judgment action under Section 4(a), the County must satisfy five conditions:
1) the County has not used any test or device during that
ten-year period for the purpose or with the effect of denying or
abridging the right to vote on account of race or color;
2) no court of the United States has issued a final judgment
during that ten-year period that the right to vote has been
denied or abridged on account of race or color within the
territory of the County, and no consent decree, settlement or
agreement may have been entered into during that ten-year period
that resulted in the abandonment of a voting practice challenged
on such grounds; and no such claims may be pending at the time
the declaratory judgment action is commenced;
3) no Federal examiners have been assigned to the County
pursuant to the Voting Rights Act during the ten-year period
preceding commencement of the declaratory judgment action;
4) the County and all governmental units within its
territory must have complied with Section 5 of the Voting Rights
Act, 42 U.S.C.§1973c, during that ten-year period, including the
requirement that voting changes covered under Section 5 not be
enforced without Section 5 preclearance, and that all voting
changes denied Section 5 preclearance by the Attorney General or
the District Court for the District of Columbia have been
repealed; and
5) neither the Attorney General nor the District Court for
the District of Columbia have denied Section 5 preclearance to a
submission by the County or any governmental unit within its
territory during that ten-year period, nor may any Section 5
submissions or declaratory judgment actions be pending. 42
U.S.C. §1973b(a)(1)(A-E).
In addition, to obtain the declaratory judgment, the County and all governmental
units within its territory must have: 1) eliminated voting procedures and methods of
election that inhibit or dilute equal access to the electoral process, 42 U.S.C.
§1973b(a)(1)(F)(i); and 2) engaged in constructive efforts to eliminate intimidation
2Page 16 or harassment of persons exercising voting rights, and to expand the opportunity for
convenient registration and voting for every person of voting age, and the appointment of
minority persons as election officials throughout the jurisdiction and at all stages
of the election and registration process,42 U.S.C. §1973b(a)(1)(F)(ii-iii). The County is
required to present evidence of minority participation in the electoral process, including
the levels of minority group registration and voting, changes in such levels over time, and
disparities between minority group and non-minority group participation. 42 U.S.C.
§1973b(a)(2). In the ten years preceding bailout, the County must not have engaged in
violations of any provision of the Constitution or laws of the United States or any State or
political subdivision with respect to discrimination in voting on account of race or color.
42 U.S.C. §1973b(a)(3). Finally, the County must provide public notice of its intent to
seek a Section 4(a) declaratory judgment. 42 U.S.C. §1973b(a)(4).
The Defendants Attorney General and Assistant Attorney General, after
investigation, have agreed that the Plaintiff has fulfilled all conditions required by
Section 4(a) and is entitled to the requested declaratory judgment. The parties have filed
a joint motion, accompanied by a Stipulation of Facts, in support of entry of this Consent
Judgment and Decree.
FINDINGS
Pursuant to the parties’ stipulations and joint motion, this Court finds as follows:
1.
The County is a political subdivision of the Commonwealth of Virginia, and a
political subdivision of a state within the meaning of Section 4(a) of the Voting
Rights Act, 42 U.S.C. §1973b(a)(1).
3Page 17 The Middlesex County Board of Supervisors is the governing body that
formulates policies for the administration of government in Middlesex County.
It is comprised of five members elected from single-member districts to serve
four-year staggered terms. The County Board of Supervisors appoints a
County Administrator to serve as the County's chief administrative officer. The
general day to day operations of Middlesex County are controlled by the
Office of the County Administrator. In addition to the County itself, there are
elected governmental units that exist completely in Middlesex County within
the meaning of 42 U.S.C. §1973b(a)(1). One of these is the town government
of Urbanna, which is governed by a Town Administrator, Mayor and sixmember town council. Another governmental unit operating completely within
Middlesex County is the five-member Middlesex County School Board, which
are elected in odd years to four-year staggered terms from the same districts as
members of the County Board of Supervisors. The County is a covered
jurisdiction subject to the special provisions of the Voting Rights Act,
including Section 5 of the Act, 42 U.S.C. § 1973c.
3.
The County was designated as a jurisdiction subject to the special provisions
of the Voting Rights Act on the basis of the determinations made by the
Attorney General that Virginia maintained a “test or device” as defined by
section 4(b) of the Act, 42 U.S.C. § 1973b(b), on November 1, 1964, and by
the Director of the Census that fewer than 50 percent of the persons of voting
age residing in the state voted in the 1964 presidential election.
4Page 18 No discriminatory test or device has been used by the County during the ten
years prior to the commencement of this action for the purpose or with the
effect of denying or abridging the right to vote on account of race or color.
5.
No person in the County has been denied the right to vote on account of race
or color during the past ten years.
6.
No court of the United States has issued a final judgment during the last ten
years prior to the commencement of this action that the right to vote has been
denied or abridged on account of race or color in Middlesex County, and no
consent decree, settlement, or agreement has been entered into resulting in any
abandonment of a voting practice challenged on such grounds during that time.
No such claims presently are pending or were pending at the time this action
was filed.
7.
No Federal Examiners or Observers have been assigned to the County within
the ten-year period preceding this action.
8.
The County has not enforced any voting changes prior to receiving Section 5
preclearance during the ten-year period preceding this action.
9.
All voting changes submitted by the County under Section 5 of the Voting
Rights Act, 42 U.S.C. §1973c, have been precleared by the Attorney General.
No Section 5 submissions by the County are pending before the Attorney
General. The County has never sought Section 5 judicial preclearance from
this Court.
10.
No voting practices or procedures have been abandoned by the County or
challenged on the grounds that such practices or procedures would have either
5Page 19 the purpose or the effect of denying the right to vote on account of race or
color during the ten-year period preceding this action.
11.
The County does not employ voting procedures or methods of election which
inhibit or dilute equal access to the electoral process by the County’s minority
citizens.
12.
There is no indication that in the past ten years any persons in Middlesex
County have been subject to intimidation or harassment in the course of
exercising their right to participate in the political process. The County has
engaged in constructive efforts over the years to enhance registration and
voting opportunities for all of its citizens of voting age in a variety of ways.
Voter registration opportunities in the County are readily and equally available
to all citizens. The voter registration office for the County is located in the
Woodward Building with other county offices in Saluda, a location that is
convenient for all County residents. The voter registration office is open from
8:30 a.m. to 4:30 p.m. daily. Voters in Middlesex County may also register by
mail, and voter registration applications are available at locations convenient to
voters in the County. The opportunity to become a registered voter in
Middlesex County is also available under the National Voter Registration Act
(the “NVRA”) at the Department of Motor Vehicle (“DMV”) offices and at
public assistance agencies in Middlesex County. The Middlesex County
General Registrar makes voter registration applications available at the County
social services office, County health department, all of the libraries in the
County, and all of the post offices in the County. The registrar typically does a
6Page 20 presentation about voting and registers high school seniors at the public high
school in the spring. While in past years most voters became registered at the
County’s voter registration office, the implementation of the NVRA in
Virginia over the last decade has changed the origin of many registration
applications. Today, many of the County's new registrants register through
applications submitted through the DMV and by mail, and the opportunities
for persons to register to vote in Middlesex County has been made more
convenient and available as a result of implementation of the NVRA.
13.
Since the County does not record the race of its registered voters, it is unable
to present evidence directly measuring minority voter participation, but the
County has provided evidence of voter participation for elections since 1997.
Current data show, for example, that a significant proportion of the County’s
voting age population is registered to vote. The voting age population of the
County, according to the 2000 census, is 8,023. As of November 2006, there
were 7,348 registered voters in Middlesex County (91.6% of the voting age
population). The number of registered voters in the County has steadily risen
over the last few years. In 1998, for example, there were 5,989 registered
voters in the County. By 2003, the number of registered voters had grown to
6,601. The number of registered voters in the County has continued to grow.
As of 2006, there were 7,348. Thus, from 1998 to 2006, the total number of
registered voters in the County has grown by 23% (from 5,989 in 1998 to
7,348 in 2006). Voter turnout in elections within Middlesex County (i.e., the
percentage of those registered voters who cast ballots) varies according to the
7Page 21 offices up for election. In the last two Presidential elections (2000 and 2004),
for example, 75.8% and 76.9% of the County’s registered voters turned out to
vote, respectively. In the General Elections for state and county offices held in
November 1999, 2001, 2003, and 2005, 62.7%, 58.6%, 51.2%, and 54.1% of
the County's registered voters turned out to vote, respectively.
14.
The County has not engaged, within the ten years prior to the commencement
of this action, in any violations of the Constitution or laws of the United States
or any State or political subdivision with respect to discrimination in voting on
account of race or color.
15.
The County has publicized the intended commencement and proposed
settlement of this action in the media and in appropriate United States post
offices as required under 42 U.S.C. §1973b(a)(4). No aggrieved party has
sought to intervene in this action pursuant to 42 U.S.C. §1973b(a)(4).
Accordingly, it is hereby ORDERED, ADJUDGED and DECREED:
1.
The Plaintiff, Middlesex County, Virginia is entitled to a
declaratory judgment in accordance with Section 4(a)(1) of the
Voting Rights Act, 42 U.S.C. §1973b(a)(1);
2.
The parties' Joint Motion for Entry of Consent Judgment and
Decree is GRANTED, and Middlesex County, including the
Middlesex County School Board and the Town of Urbanna, shall
be exempt from coverage pursuant to Section 4(b) of the Voting
Rights Act, 42 U.S.C. §1973b(b), provided that this Court shall
retain jurisdiction over this matter for a period of ten years. This
8Page 22 action shall be closed and placed on this Court's inactive docket,
subject to being reactivated upon application by either the Attorney
General or any aggrieved person in accordance with the procedures
set forth in 42 U.S.C. §1973b(a)(5).
3.
The parties shall bear their own costs.
Entered this _______ day of __________________, 2007.
_______________________________
UNITED STATES CIRCUIT JUDGE
________________________________
UNITED STATES DISTRICT JUDGE
________________________________
UNITED STATES DISTRICT JUDGE
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IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA
MIDDLESEX COUNTY, VIRGINIA,
a political subdivision of the
Commonwealth of Virginia,
)
)
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL B. MUKASEY,
)
Attorney General of the
)
United States of America,
)
GRACE CHUNG BECKER,
)
Acting Assistant Attorney General,
)
Civil Rights Division, United States
)
Department of Justice, Washington, DC,
)
)
Defendants.
)
____________________________________)
C.A. No. 07-cv-01485 (TFH)
(Three-judge court)
JOINT MOTION FOR ENTRY OF CONSENT JUDGMENT AND DECREE
The plaintiff Middlesex County, Virginia, and the Defendants Michael B.
Mukasey and Grace Chung Becker1, through counsel, respectfully move this three-judge
Court for entry of the attached Consent Judgment and Decree. As grounds for this
motion, the parties would show unto this Court the following:
1. This is an action in which Middlesex County, Virginia seeks a bailout from
coverage under Section 4 of the Voting Rights Act of 1965, as amended, 42
U.S.C. §1973b.
2. The defendants have consented to the requested bailout and the proposed Consent
Judgment and Decree would grant a bailout to Middlesex County.
1
Defendants Mukasey and Becker are successors in office and thus automatically substituted as parties for
original defendants Gonzales and Kim. See Rule 25(d), Federal Rules of Civil Procedure.
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3. The proposed Consent Judgment and Decree is nearly identical to those that have
been entered by other three-judge courts in declaratory judgment actions brought
under Section 4 of the Voting Rights Act, as amended, 42 U.S.C. §1973b. See,
e.g., City of Fairfax, v. Reno, C.A. No. 97-2212 (D.D.C. October 21, 1997);
Roanoke County, VA v. Reno, C.A. No. 00-1949 (D.D.C. January 24, 2001); City
of Winchester, VA v. Ashcroft, C.A. No. 00-3073 (D.D.C. May 31, 2001); City of
Harrisonburg v. Ashcroft, C.A. No. 1:02CV00289 (D.D.C. April 17, 2002).
Greene County v. Ashcroft, C.A. No. 03-1877 (D.D.C. Jan. 19, 2004); and
Augusta County, VA v. Gonzales, C.A. No. 05-1885 (D.D.C. 2005). As in those
actions, this motion is based on the Stipulation of Facts which is being filed
simultaneously herewith.
WHEREFORE, Plaintiff and Defendants respectfully pray that this joint motion
be granted.
2
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Respectfully submitted,
For the Plaintiff MIDDLESEX COUNTY:
/s/ J. Gerald Hebert
J. GERALD HEBERT
Attorney at Law
5019 Waple Lane
Alexandria, Va. 22304
(703) 628-4673
DC Bar No. 447676
For the Defendants MUKASEY and BECKER:
MICHAEL B. MUKASEY
Attorney General
GRACE CHUNG BECKER
Acting Assistant Attorney General
JEFFREY A. TAYLOR
United States Attorney
/s/ Christy McCormick
JOHN TANNER
GAYE L. TENOSO
CHRISTY McCORMICK
Attorneys, Voting Section
Civil Rights Division
United States Department of Justice
Room 7254 - NWB
950 Pennsylvania Ave., N.W.
Washington, DC 20530
(202) 514-2386
3
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IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA
MIDDLESEX COUNTY, VIRGINIA,
a political subdivision of the
Commonwealth of Virginia,
)
)
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL B. MUKASEY,
)
Attorney General of the
)
United States of America,
)
GRACE CHUNG BECKER,
)
Acting Assistant Attorney General,
)
Civil Rights Division, United States
)
Department of Justice, Washington, DC,
)
)
Defendants.
)
____________________________________)
C.A. No. 07-cv-01485 (TFH)
(Three-judge court)
STIPULATION OF FACTS
This action was initiated by Middlesex County, a political subdivision of the
Commonwealth of Virginia (hereafter "the County"). The County seeks a declaratory
judgment pursuant to Section 4(a) of the Voting Rights Act of 1965, as amended, 42
U.S.C. §1973b.
The parties1 have jointly moved this three-judge Court for entry of a Consent
Judgment and Decree to resolve this action. In support of that motion, the parties have
entered into the following stipulation of facts. The facts in this stipulation may be
received into evidence in lieu of further proof or testimony.
It is hereby stipulated, by and between the respective parties, that:
1
Defendants Mukasey and Becker are successors in office and thus automatically substituted as parties for
original defendants Gonzales and Kim. See Rule 25(d), Federal Rules of Civil Procedure.
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1. Plaintiff Middlesex County (“the County”) is a political subdivision of the
Commonwealth of Virginia and a political subdivision of a state within the meaning of
Section 4(a) of the Voting Rights Act, 42 U.S.C. §1973b(a)(1). Middlesex County is
located at the eastern end of Virginia's Middle Peninsula. The County is bounded by the
Rappahannock River to the north, by the Chesapeake Bay to the east, by the Piankatank
River and Dragon Run Swamp to the southwest, and by Essex County to the northwest.
The County has a land area of 130 square miles and 135 linear miles of shoreline.
2. Located within Middlesex County is the Town of Urbanna (“the Town”).
Residents of the Town are eligible to participate in town elections and in county
elections.
3. In addition to the County itself, there are elected governmental units that exist
completely in Middlesex County within the meaning of 42 U.S.C. §1973b(a)(1). One of
these is the town government of Urbanna, which is governed by a Town Administrator,
Mayor and 6-member town council. Another governmental unit operating completely
within Middlesex County is the five-member Middlesex County School Board, which are
elected in odd years to four-year staggered terms from the same districts as members of
the County Board of Supervisors.
4. Middlesex County is a covered jurisdiction subject to the special provisions of
the Voting Rights Act, including Section 5 of the Act. 42 U.S.C. §1973c. Under Section
5, the County is required to obtain preclearance from either this Court or from the
Attorney General for any change in voting standards, practices and procedures since the
Act’s November 1, 1964 coverage date for Virginia.
2
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5. Middlesex County was designated as a jurisdiction subject to the special
provisions of the Voting Rights Act on the basis of the determinations made by the
Attorney General that Virginia maintained a “test or device” as defined by Section 4(b) of
the Act on November 1, 1964, and by the Director of the Census that fewer than 50
percent of the persons of voting age then residing in the state voted in the 1964
presidential election. 42 U.S.C. §1973b(b). The “test or device” triggering preclearance
coverage under Section 5 was an article of the Virginia Constitution providing for a
literacy test as a prerequisite for citizens to become electors. Va. Const. Art. II, Sec. 20
(1902). The literacy test was repealed by the Virginia Constitution of 1972.
6. The Middlesex County Board of Supervisors is the governing body that
formulates policies for the administration of government in Middlesex County. It is
comprised of five members elected from single-member districts to serve four-year
staggered terms. The County Board of Supervisors appoints a County Administrator to
serve as the County's chief administrative officer. The general day to day operations of
Middlesex County are controlled by the Office of the County Administrator.
7. According to the 2000 census, Middlesex County, Virginia has a total
population of 9,932. Of this number, 1,999 persons (or 20.1%) are black and 55 (or .6%)
are Hispanic. The voting age population of the County, according to the 2000 census, is
8,023. Of this number, 1,563 (19.5%) are black. The Town of Urbanna, according to the
2000 census, has a total population of 543. Of this number, 19 (3.5%) are black and 3
(.6%) are Hispanic.
8. Like other jurisdictions in the Commonwealth of Virginia, the County does not
collect or maintain voter registration data by race. Current data show, however, that a
3
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significant proportion of the County’s voting age population is registered to vote. As of
November 2006, there were 7,348 registered voters in Middlesex County.
9. The number of registered voters in the County has steadily risen over the last
few years. In 1998, for example, there were 5,989 registered voters in the County. By
2003, the number of registered voters had grown to 6,601. The number of registered
voters in the County has continued to grow. As of 2006, there were 7,348. Thus, from
1998 to 2006, the total number of registered voters in the County has grown by 23%
(from 5,989 in 1998 to 7,348 in 2006).
10. Voter turnout in elections within Middlesex County (i.e., the percentage of
those registered voters who cast ballots) varies according to the offices up for election. In
the last two Presidential elections (2000 and 2004), for example, 75.8% and 76.9% of the
County’s registered voters turned out to vote, respectively. In the General Elections for
state and county offices held in November 1999, 2001, 2003, and 2005, 62.7%, 58.6%,
51.2%, and 54.1% of the County's registered voters turned out to vote, respectively.
11. There are presently a total of seven polling locations located conveniently to
voters across the County. All polling places in the County are accessible to voters with
physical disabilities.
12.
Black candidates have had a long history of electoral success in Middlesex
County. Mr. Frank Jessie, now deceased, was first elected to the Board of Supervisors in
1979, and won re-election as recently as 1999. A black candidate beat a white candidate
in the county-wide election for Sheriff in 1997. A black candidate ran unopposed in the
county-wide election for Commissioner of Revenue in November 2007.
4
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The current Vice Chairman of the Middlesex County Board of Supervisors is
black, having been re-elected in 2003. In 1999, 2001, and 2003, black candidates for the
County Board and School Board each won. In the 2003 School Board race, a black
candidate defeated a white candidate.
13. Since 1996, Middlesex County has made 15 preclearance submissions to the
United States Department of Justice pursuant to Section 5 of the Voting Rights Act, 42
U.S.C. §1973c. Of these 15 submissions, all were made by the County. None was
objected to by the Department. Two submissions were withdrawn.
14. Within the ten years preceding the filing of this action, Middlesex County has
not enforced any voting changes prior to Section 5 preclearance. Nor has the Attorney
General interposed a Section 5 objection to any change affecting voting in Middlesex
County within the past ten years. The County has not sought judicial preclearance of any
voting changes in this Court.
15. Voter registration opportunities in the County are readily and equally
available to all citizens. The voter registration office for the County is located in the
Woodward Building with other county offices in Saluda, a location that is convenient for
all County residents. The voter registration office is open from 8:30 a.m. to 4:30 p.m.
daily.
16. Voters in Middlesex County may also register by mail, and voter registration
applications are available at locations convenient to voters in the County. The
opportunity to become a registered voter in Middlesex County is also available under the
National Voter Registration Act (the “NVRA”) at the Department of Motor Vehicle
(“DMV”) offices and at public assistance agencies in Middlesex County. The Middlesex
5
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County General Registrar makes voter registration applications available at the County
social services office, County health department, all of the libraries in the County, and all
of the post offices in the County. The registrar typically does a presentation about voting
and registers high school seniors at the public high school in the spring. While in past
years most voters became registered at the County’s voter registration office, the
implementation of the NVRA in Virginia over the last decade has changed the origin of
many registration applications. Today, many of the County's new registrants register
through applications submitted through the DMV and by mail, and the opportunities for
persons to register to vote in Middlesex County has been made more convenient and
available as a result of implementation of the NVRA.
17. Middlesex County has a three-member Electoral Board, appointed pursuant
to Virginia state law. The Electoral Board is comprised of one black member and two
white members. No person recommended to serve as a poll official has been rejected by
the Electoral Board for at least the preceding ten years. The Electoral Board Secretary,
Dr. Chauncey E. Mann, Jr., is black, and has served on the Board since 1990.
18. In the last five county-wide elections (General, Primary and Special 2006,
General and Primary 2005) Middlesex County has employed 201 poll workers, of whom
33 (or 16.4%) are black. The percentage of black poll workers is slightly below the
percentage of Middlesex County’s black voting age population. Black interns have
participated in the General Registrar’s summer internship program.
19. No person in Middlesex County has been denied the right to vote on account
of race, color, or membership in a language group for at least the preceding ten years.
6
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20. No "test or device" as defined in the Voting Rights Act (42 U.S.C.
§1973b(c)) has been used in Middlesex County as a prerequisite to either registering or
voting for at least the preceding ten years.
21. No final judgment of any court of the United States has determined that
denials or abridgments of the right to vote on account of race or color have occurred in
Middlesex County, nor has the County entered into any consent decree, settlement or
agreement resulting in any abandonment of a voting practice challenged on such grounds.
There are no pending actions against Middlesex County alleging such denials or
abridgments of the right to vote.
22. No voting practices or procedures have been abandoned by the County or
challenged on the grounds that such practices or procedures would have either the
purpose or the effect of denying the right to vote on account of race or color.
23. Middlesex County has not employed any voting procedures or methods of
election that inhibit or dilute equal access to the electoral process by minority voters in
the County. Minority voters in Middlesex County are not being denied an equal
opportunity to elect candidates of their choice to the County Board of Supervisors, to the
County School Board, or to the Urbanna Town Council.
24. Federal examiners have never been appointed or assigned to Middlesex
County under Section 3 of the Voting Rights Act, 42 U.S.C. §1973a.
25. Because there has not been any known intimidation or harassment of persons
exercising rights protected under the Voting Rights Act in Middlesex County within the
last ten years, neither the County nor any of its governmental units have had any occasion
to eliminate such activity.
7
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26. Pursuant to 42 U.S.C. §1973b, the County has “publicize[d] the intended
commencement …of [this] action in the media serving [the County] and in the
appropriate United States post offices.” A Notice of Intent to Seek a Bailout was
published by the County in the Southside Sentinel, the County’s weekly newspaper on
March 22, March 29, and April 5, 2007. This Notice was also posted at all post offices in
the County, at the County courthouse in Saluda, at the County social services office, and
at the office of the General Registrar of Voters. The aforementioned Notice also
advertised that a public hearing would be held regarding the bailout on April 17, 2007, at
7:30 p.m. At the April 17, 2007 public hearing, not a single member of the public
appeared and thus no one spoke in opposition to the bailout or raised any questions about
the County’s proposed bailout. In addition, the County has also the proposed settlement
of this bailout action in the media serving Middlesex County and in the appropriate
United States post offices as set forth in 42 U.S.C. §1973b(a). A Notice that the
Department of Justice had agreed to the Bailout also was published by the County in the
Southside Sentinel, a weekly newspaper covering Middlesex County, on August 23,
2007, August 30, 2007, and September 6, 2007. The Notice of the Proposed Settlement
of Bailout Lawsuit was also posted at all local post offices, the courthouse, town offices,
and the County voting registration office.
27. The United States has determined that it is appropriate to consent to a
declaratory judgment in this action, pursuant to Section 4(a)(9) of the Voting Rights Act.
This consent is premised upon an understanding that Congress intended Section 4(a)(9) to
permit bailout in those cases where the Attorney General is satisfied that the statutory
8
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objectives of encouraging Section 5 compliance, and preventing the use of racially
discriminatory voting practices, would not be compromised by such consent.
28. The United States’ consent in this action is based upon its own factual
investigation and consideration of all of the circumstances in this case, including the
views of minority citizens in the County, the fact that there are no defendant-intervenors,
the affirmative steps taken by the County to increase voter participation, and the absence
of evidence of racial polarization or discrimination in the electoral process within the
County.
9
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Approved as to form and content:
For the Plaintiff MIDDLESEX COUNTY:
/s/ J. Gerald Hebert
J. GERALD HEBERT
Attorney at Law
5019 Waple Lane
Alexandria, Va. 22304
(703) 628-4673
DC Bar No. 447676
For the Defendants MUKASEY and BECKER:
MICHAEL B. MUKASEY
Attorney General
GRACE CHUNG BECKER
Acting Assistant Attorney General
JEFFREY A. TAYLOR
United States Attorney
/s/ Christy McCormick
JOHN TANNER
GAYE L. TENOSO
CHRISTY McCORMICK
Attorneys, Voting Section
Civil Rights Division
United States Department of Justice
Room 7254 - NWB
950 Pennsylvania Ave., N.W.
Washington, DC 20530
(202) 514-2386
10
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IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA
MIDDLESEX COUNTY, VIRGINIA,
a political subdivision of the
Commonwealth of Virginia,
)
)
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL B. MUKASEY,
)
Attorney General of the
)
United States of America,
)
GRACE CHUNG BECKER,
)
Acting Assistant Attorney General,
)
Civil Rights Division, United States
)
Department of Justice, Washington, DC,
)
)
Defendants.
)
____________________________________)
C.A. No. 07-cv-01485 (TFH)
(Three-judge court)
CONSENT JUDGMENT AND DECREE
This action was initiated by Middlesex County, Virginia, a political subdivision of
the Commonwealth of Virginia (hereafter “the County”). The County is subject to the
provisions of Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. §1973c.
The County seeks a declaratory judgment under Section 4 of the Voting Rights Act of
1965, as amended, 42 U.S.C. §1973b. A three-judge court has been convened as provided
in 42 U.S.C. §1973b(a)(5) and 28 U.S.C. §2284.
Section 4(a) of the Voting Rights Act provides that a state or political subdivision
subject to the special provisions of the Act may be exempted from those provisions if it
can demonstrate in an action for a declaratory judgment before the United States
District Court for the District of Columbia that for the ten-year period prior to filing the
action and during its pendency, it has both 1) complied with the Voting Rights Act, and
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2) taken positive steps both to encourage minority political participation and to remove
structural barriers to minority electoral influence. In order to demonstrate compliance
with the Voting Rights Act during the ten-year period prior to commencement of a
declaratory judgment action under Section 4(a), the County must satisfy five conditions:
1) the County has not used any test or device during that
ten-year period for the purpose or with the effect of denying or
abridging the right to vote on account of race or color;
2) no court of the United States has issued a final judgment
during that ten-year period that the right to vote has been
denied or abridged on account of race or color within the
territory of the County, and no consent decree, settlement or
agreement may have been entered into during that ten-year period
that resulted in the abandonment of a voting practice challenged
on such grounds; and no such claims may be pending at the time
the declaratory judgment action is commenced;
3) no Federal examiners have been assigned to the County
pursuant to the Voting Rights Act during the ten-year period
preceding commencement of the declaratory judgment action;
4) the County and all governmental units within its
territory must have complied with Section 5 of the Voting Rights
Act, 42 U.S.C.§1973c, during that ten-year period, including the
requirement that voting changes covered under Section 5 not be
enforced without Section 5 preclearance, and that all voting
changes denied Section 5 preclearance by the Attorney General or
the District Court for the District of Columbia have been
repealed; and
5) neither the Attorney General nor the District Court for
the District of Columbia have denied Section 5 preclearance to a
submission by the County or any governmental unit within its
territory during that ten-year period, nor may any Section 5
submissions or declaratory judgment actions be pending. 42
U.S.C. §1973b(a)(1)(A-E).
In addition, to obtain the declaratory judgment, the County and all governmental
units within its territory must have: 1) eliminated voting procedures and methods of
election that inhibit or dilute equal access to the electoral process, 42 U.S.C.
§1973b(a)(1)(F)(i); and 2) engaged in constructive efforts to eliminate intimidation
2
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or harassment of persons exercising voting rights, and to expand the opportunity for
convenient registration and voting for every person of voting age, and the appointment of
minority persons as election officials throughout the jurisdiction and at all stages
of the election and registration process,42 U.S.C. §1973b(a)(1)(F)(ii-iii). The County is
required to present evidence of minority participation in the electoral process, including
the levels of minority group registration and voting, changes in such levels over time, and
disparities between minority group and non-minority group participation. 42 U.S.C.
§1973b(a)(2). In the ten years preceding bailout, the County must not have engaged in
violations of any provision of the Constitution or laws of the United States or any State or
political subdivision with respect to discrimination in voting on account of race or color.
42 U.S.C. §1973b(a)(3). Finally, the County must provide public notice of its intent to
seek a Section 4(a) declaratory judgment. 42 U.S.C. §1973b(a)(4).
The Defendants Attorney General and Assistant Attorney General, after
investigation, have agreed that the Plaintiff has fulfilled all conditions required by
Section 4(a) and is entitled to the requested declaratory judgment. The parties have filed
a joint motion, accompanied by a Stipulation of Facts, in support of entry of this Consent
Judgment and Decree.
FINDINGS
Pursuant to the parties’ stipulations and joint motion, this Court finds as follows:
1.
The County is a political subdivision of the Commonwealth of Virginia, and a
political subdivision of a state within the meaning of Section 4(a) of the Voting
Rights Act, 42 U.S.C. §1973b(a)(1).
3
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2.
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The Middlesex County Board of Supervisors is the governing body that
formulates policies for the administration of government in Middlesex County.
It is comprised of five members elected from single-member districts to serve
four-year staggered terms. The County Board of Supervisors appoints a
County Administrator to serve as the County's chief administrative officer. The
general day to day operations of Middlesex County are controlled by the
Office of the County Administrator. In addition to the County itself, there are
elected governmental units that exist completely in Middlesex County within
the meaning of 42 U.S.C. §1973b(a)(1). One of these is the town government
of Urbanna, which is governed by a Town Administrator, Mayor and sixmember town council. Another governmental unit operating completely within
Middlesex County is the five-member Middlesex County School Board, which
are elected in odd years to four-year staggered terms from the same districts as
members of the County Board of Supervisors. The County is a covered
jurisdiction subject to the special provisions of the Voting Rights Act,
including Section 5 of the Act, 42 U.S.C. § 1973c.
3.
The County was designated as a jurisdiction subject to the special provisions
of the Voting Rights Act on the basis of the determinations made by the
Attorney General that Virginia maintained a “test or device” as defined by
section 4(b) of the Act, 42 U.S.C. § 1973b(b), on November 1, 1964, and by
the Director of the Census that fewer than 50 percent of the persons of voting
age residing in the state voted in the 1964 presidential election.
4
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4.
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No discriminatory test or device has been used by the County during the ten
years prior to the commencement of this action for the purpose or with the
effect of denying or abridging the right to vote on account of race or color.
5.
No person in the County has been denied the right to vote on account of race
or color during the past ten years.
6.
No court of the United States has issued a final judgment during the last ten
years prior to the commencement of this action that the right to vote has been
denied or abridged on account of race or color in Middlesex County, and no
consent decree, settlement, or agreement has been entered into resulting in any
abandonment of a voting practice challenged on such grounds during that time.
No such claims presently are pending or were pending at the time this action
was filed.
7.
No Federal Examiners or Observers have been assigned to the County within
the ten-year period preceding this action.
8.
The County has not enforced any voting changes prior to receiving Section 5
preclearance during the ten-year period preceding this action.
9.
All voting changes submitted by the County under Section 5 of the Voting
Rights Act, 42 U.S.C. §1973c, have been precleared by the Attorney General.
No Section 5 submissions by the County are pending before the Attorney
General. The County has never sought Section 5 judicial preclearance from
this Court.
10.
No voting practices or procedures have been abandoned by the County or
challenged on the grounds that such practices or procedures would have either
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the purpose or the effect of denying the right to vote on account of race or
color during the ten-year period preceding this action.
11.
The County does not employ voting procedures or methods of election which
inhibit or dilute equal access to the electoral process by the County’s minority
citizens.
12.
There is no indication that in the past ten years any persons in Middlesex
County have been subject to intimidation or harassment in the course of
exercising their right to participate in the political process. The County has
engaged in constructive efforts over the years to enhance registration and
voting opportunities for all of its citizens of voting age in a variety of ways.
Voter registration opportunities in the County are readily and equally available
to all citizens. The voter registration office for the County is located in the
Woodward Building with other county offices in Saluda, a location that is
convenient for all County residents. The voter registration office is open from
8:30 a.m. to 4:30 p.m. daily. Voters in Middlesex County may also register by
mail, and voter registration applications are available at locations convenient to
voters in the County. The opportunity to become a registered voter in
Middlesex County is also available under the National Voter Registration Act
(the “NVRA”) at the Department of Motor Vehicle (“DMV”) offices and at
public assistance agencies in Middlesex County. The Middlesex County
General Registrar makes voter registration applications available at the County
social services office, County health department, all of the libraries in the
County, and all of the post offices in the County. The registrar typically does a
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presentation about voting and registers high school seniors at the public high
school in the spring. While in past years most voters became registered at the
County’s voter registration office, the implementation of the NVRA in
Virginia over the last decade has changed the origin of many registration
applications. Today, many of the County's new registrants register through
applications submitted through the DMV and by mail, and the opportunities
for persons to register to vote in Middlesex County has been made more
convenient and available as a result of implementation of the NVRA.
13.
Since the County does not record the race of its registered voters, it is unable
to present evidence directly measuring minority voter participation, but the
County has provided evidence of voter participation for elections since 1997.
Current data show, for example, that a significant proportion of the County’s
voting age population is registered to vote. The voting age population of the
County, according to the 2000 census, is 8,023. As of November 2006, there
were 7,348 registered voters in Middlesex County (91.6% of the voting age
population). The number of registered voters in the County has steadily risen
over the last few years. In 1998, for example, there were 5,989 registered
voters in the County. By 2003, the number of registered voters had grown to
6,601. The number of registered voters in the County has continued to grow.
As of 2006, there were 7,348. Thus, from 1998 to 2006, the total number of
registered voters in the County has grown by 23% (from 5,989 in 1998 to
7,348 in 2006). Voter turnout in elections within Middlesex County (i.e., the
percentage of those registered voters who cast ballots) varies according to the
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offices up for election. In the last two Presidential elections (2000 and 2004),
for example, 75.8% and 76.9% of the County’s registered voters turned out to
vote, respectively. In the General Elections for state and county offices held in
November 1999, 2001, 2003, and 2005, 62.7%, 58.6%, 51.2%, and 54.1% of
the County's registered voters turned out to vote, respectively.
14.
The County has not engaged, within the ten years prior to the commencement
of this action, in any violations of the Constitution or laws of the United States
or any State or political subdivision with respect to discrimination in voting on
account of race or color.
15.
The County has publicized the intended commencement and proposed
settlement of this action in the media and in appropriate United States post
offices as required under 42 U.S.C. §1973b(a)(4). No aggrieved party has
sought to intervene in this action pursuant to 42 U.S.C. §1973b(a)(4).
Accordingly, it is hereby ORDERED, ADJUDGED and DECREED:
1.
The Plaintiff, Middlesex County, Virginia is entitled to a
declaratory judgment in accordance with Section 4(a)(1) of the
Voting Rights Act, 42 U.S.C. §1973b(a)(1);
2.
The parties' Joint Motion for Entry of Consent Judgment and
Decree is GRANTED, and Middlesex County, including the
Middlesex County School Board and the Town of Urbanna, shall
be exempt from coverage pursuant to Section 4(b) of the Voting
Rights Act, 42 U.S.C. §1973b(b), provided that this Court shall
retain jurisdiction over this matter for a period of ten years. This
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action shall be closed and placed on this Court's inactive docket,
subject to being reactivated upon application by either the Attorney
General or any aggrieved person in accordance with the procedures
set forth in 42 U.S.C. §1973b(a)(5).
3.
The parties shall bear their own costs.
Entered this _______ day of __________________, 2007.
_______________________________
UNITED STATES CIRCUIT JUDGE
________________________________
UNITED STATES DISTRICT JUDGE
________________________________
UNITED STATES DISTRICT JUDGE
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Approved as to form and content:
For the Plaintiff MIDDLESEX COUNTY:
/s/ J. Gerald Hebert
J. GERALD HEBERT
Attorney at Law
5019 Waple Lane
Alexandria, Va. 22304
(703) 628-4673 (O)
DC Bar No. 447676
For the Defendants MUKASEY and BECKER:
MICHAEL B. MUKASEY
Attorney General
GRACE CHUNG BECKER
Acting Assistant Attorney General
JEFFREY A. TAYLOR
United States Attorney
/s/ Christy McCormick
JOHN TANNER
GAYE L. TENOSO
CHRISTY McCORMICK
Attorneys, Voting Section
Civil Rights Division
United States Department of Justice
Room 7254 — NWB
950 Pennsylvania Ave., N.W.
Washington, DC 20530
(202) 514-2386
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