Originally posted by: Lemon law
Although my link does not give the history, I am sure some one on the losing end of the vote was smart enough to appeal to the justice department. And the person who appealed felt they would lose representation. Now its up to the courts to decide on the merits of the arguments.
Its is clear that the city of Kinston did not follow legal proper procedure in changing election law. . And now Kinston has to race to follow proper primary election procedure.
The point being, the issue may be settled for this election cycle, but its by no means final for the future. But the legal proper route is being followed for now, and that is the point.
Both sides will have their later day in court.
Did you not read your own link?
Under Section 5 of the Voting Rights Act of 1965, the DOJ must approve voting changes in selected states and communities such as those in Lenoir County to ensure those changes would not hurt minority voters.
County elections officials had not planned to hold a primary this year, assuming DOJ approval, but now must scramble to hold one by Sept. 15.
After months of waiting, Kinston citizens heard the U.S. Justice Department?s views on non-partisan voting this week.
Its view did not agree with Kinston?s voters.
You own link indicates, contrary to your 'observation' bolded above, that the city of Kinston did follow the proper procedure. That being - asking the DoJ for the change after voting for it. The story here is that the DoJ is denying their (properly filed) request, not that the city didn't follow the rules.
And, yes, this is a case of the federal government "lording" over a state and/or municipality.
I have no time or inclination to look into the Voting Rights Act of 1965 now, but presumably it exists to make sure minority voters and candidates are NOT disadvantaged by electoral rule-type shenanigans. And from the article it appears it only applies to certain designated communities.
Kinston is 2/3 Black and they need the Doj to overrule their vote for their own protection? WTH?
According to the article here is the DoJ's reasoning:
King wrote that data from several prior elections in Kinston indicated that few black residents typically voted, and candidates who would appeal to the black community ? which often votes Democratic ? win because of straight Democrat ticket votes from the wider electorate.
?Black candidates will likely lose a significant amount of crossover votes due to the high degree of racial polarization present in city elections,? King stated.
So Kinston is predominately Black and Democratic, but somehow unless the candidates has a "D" next to their name on the ballot they won't get elected? This is incomprehensible nonsense.
Because it's a strongly Democratic city, if you have any hope of getting elected you better run on the Dem party ticket. But Black candidates (if that's who the DoJ is trying to protect here) must run in a primary. So if the Black candidate can beat the white guy in the primary, why can't (s)he beat the white guy in an election without the "D" next to their name? This makes no sense.
FFS, there's only 22,000 people there. This is exactly the same size as my town. It's crazy to think that the people in that town don't know who the candidates are (and if they are Black or not). It's so small it's just not possible not to know.
I live in NC (but on the Western side) and nobody over here wants "partisan" electione either. It's a big waste of time and money for both the city - which has to pay extra money for primaries - and for the candidates who have raise money for two elections - primary & general. It's just stupid. IIRC, the nearest NC city to me, which is much larger, recently dumped partisan city elections for the very same reason.
To prevail, I think the DoJ needs to articulate a much more intelligent and pursausive argument to overturn the will of the voters.
I think the real story here may be the questionable judgement of some in Obama's DoJ; the story notes the same person who made this call was the one who let the thuggish Black Panthers off the hook for their intimidation tactics at the polls.
BTW: This story is playing on the radio even here out West, the station is in a very liberal city (known as the "San Francisco" of the East Coast) and they seemed outraged at it too.
Fern