Election Lawsuit Filed: Montgomery

The Montgomery Advertiser reports that three candidates in Montgomery's upcoming municipal election have filed suit to stop the August 28 election. They contend that moving the date from October to August violates the Voting Rights Act of 1965. Basically, they are arguing that the change is intended to keep black people from voting.

The complaint has its roots in Joe Reed's concern that black students at Alabama State University will not be able to meet the 30-day residency requirement to vote in the election. The start date for classes at ASU fell within the 30 days prior to the election.

To make a successful claim that the change violates the Voting Rights Act, the candidates will have to show that the change has a disproportionate negative impact on black voters compared to other voters. I'm not sure they can do that. All of the local colleges and universities began classes within the 30 days prior to the election: Auburn Montgomery, Troy University, Huntingdon College, Faulkner University. These other colleges are predominantly white and their students will also have to meet the 30 day requirement.

William Boyd, a candidate for mayor and a co-plaintiff in the suit, says that the city is going to confuse voters with the date change and wants it moved back to October.

"They are trying to confuse people," Boyd said. "I think if they had done this
in a non-election season, it would probably have a different effect."

With all the publicity that an election gets through campaigning and even without controversy and legal challenges, I think Boyd is hard pressed to say that voters will be confused by the date change. Montgomery voters know the date of the election, especially if they are engaged enough to vote.

I don't know what motivated the city council to change the date. The city claims it was to accomodate military voters. Did they have other less pure motives? I don't know. I'm not in their heads.

I agree that the change may make it harder for some students, especially incoming freshman, to be eligible to vote in city elections. That is disheartening, since I have witnessed several Alabama cities, especially smaller ones, try to keep college students out of their local political decisions. But I also wonder, from a practical standpoint, if incoming freshmen who haven't been in town more than 30 days can really cast an informed ballot.

I'm also concerned that the furor over this change seems primarily focused on the impact on black college students with little said about all of the other college students or even non-students who may move to Montgomery within 30 days of an election. I don't think we can build bridges on the issue of race if every issue of controversy is framed solely in terms of race even when whites or other groups are impacted as well.