The NAACP Providence, Rhode Island branch recently landed a voting victory when the First Circuit Court of Appeals found a redistricting plan illegal that removes from African American voters the opportunity to elect candidates of choice. The court's findings cited possible Voting Rights Act violations in a redistricting plan that eliminated long-standing cross-racial alliances. The decision also directed the lower court to consider all relevant evidence when evaluating the legality of a district, rather than merely looking to a set numerical opportunity to participate in the political process.
NAACP President & CEO, Kweisi Mfume, said: "Now is the time for the state to remedy this redistricting plan for the 2004 election. This decision should send a message to the state to redirect its resources from defending this litigation toward ensuring that its African American voters have a meaningful opportunity to participate in the next election."
Anita Earls, Director of the Center for Civil Rights at the University of North Carolina law school, who argued the case before the First Circuit, said: "We are pleased that the First Circuit acknowledged that our legal theory has merit and that the district court was wrong. The Rhode Island Legislature failed to take into account the rights of African American voters when drawing its senatorial redistricting plan. This decision brings African American voters one step closer to having an equal opportunity to participate in the political process in Providence."
After a 2000 redistricting plan that reduced the black community's voting strength in Providence, African American voters sued Rhode Island officials, including Governor Almond, under the Voting Rights Act. African Americans comprised 25.69% of the old state Senate District 9, according to 2000 Census data, which for many years was represented by an African American state senator, Charles Walton. After 2000 redistricting, African American voters were moved into new Senate District 2, reducing their voting strength to 21.42% of the district. In the first state senatorial election under this new redistricting plan, Senator Walton lost his bid for re-election for the first time in eighteen years.
Joining Earls as counsel in the case are Bryan J. Wilson, Sunil R. Kulkarni, and Richard D. Mosier of Morrison & Foerster, Palo Alto, Calif.; and Bruce G. Pollok of West Warwick, Rhode Island.
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