Dear Mr. Klein:
The NAACP Legal Defense and Education 1 writes at the urging of Everyday People for Positive Change ("EDP"), concerning the City of Columbus' ("Columbus")
at-large method of electing its seven city council members, including those incumbents elected in this November's election, of which you are one. EDP, a ballot
issue committee, believes that this electoral method, under which no Black candidate has been elected to office in recent history without an initial appointment, including those incumbents elected in this November's elections [2017], weakens the voting strength of Columbus's Black community.
This organization considers this to be one of the most pressing issues facing the community and has advocated for a change to the electoral method for the city council...
... At the request of EDP, LDF is conducting a review of Columbus's at-large electoral method for members of its city council. We have substantial concerns that this electoral method may violate Section 2 of the Voting Rights Act of 1965, 52 U.S.C. § 10301(a) ("Section 2") and other federal and state laws, by denying voters of color in Columbus of the equal opportunity to elect their preferred candidates to this important local body.3 We write to provide the city council with this information so that this body can pursue an inclusive, fair course of action and avoid potentially costly and lengthy litigation that may be required to ensure compliance with Section 2 and other applicable laws...
...Section 2 prohibits voting standards, practices, or procedures, including at-large electoral methods, that are either have a racially discriminatory intent or have racially discriminatory results. One of the chief purposes of Section 2 is to prohibit minority vote dilution, which can occur when an at-large electoral system denies Black voters of the opportunity to participate equally in the political process and elect their preferred candidates because their votes are canceled
out by the white majority who vote as a bloc. Indeed, courts have found that other jurisdictions in Ohio have violated Section 2 by maintaining at-large voting. For example, the U.S. District Court for the Northern District of Ohio found that an at-large electoral system for city council and school
board members in Euclid violated Section 2 because it diluted the Black voting strength in that city...
...In Thornburg v. Gingles, the U.S. Supreme Court recognized that "special circumstances, such as the absence of an opponent and incumbency," do not diminish the need for systemic reform. Consistent with that recognition, courts have found that appointments of minority individuals to elected positions in an at-large voting system may be indicative of impermissible
vote dilution under Section 2.11 Indeed, Columbus has been reputed to have informally recognized a Black m occupied initially by James Roseboro and Jerry Hammond, for which, after Ben Espy resigned, Michael Coleman, Fred Ransier, Kevin Boyce, Troy Miller, and Shannon
Hardin all Black males, were subsequently appointed). In recognizing the history of the city council making mid-term appointments of Black men to that seat, Franklin County Democratic Party chairman Dennis White said: and it seems as if that has worked out...
...Moreover, the longstanding advocacy to save a significant portion of Poindexter Village, the first public housing community in Ohio, that has for generations existed in the heart of a historically Black Columbus neighborhood, also illuminates the cry for an alternative to at-large voting, such as district-based voting, for city council members. An author of a book about Poindexter Village, S. Yolanda Adams, reportedly proclaimed "this is exactly why so many of us for so long ha ve believed that Council Districts are important we get overlooked and our
voices are not heard.
That these and other such critical decisions are made in a system where Columbus' Black community members may not have an equal opportunity to elect their representatives of choice to the city council is alarming. Precisely because they have all too often operated as structural walls of exclusion and infringed on 'the right that is preservative of all rights,' at-large electoral systems in jurisdictions with significant populations of people of color, as in Columbus, have been struck down as violative of Section 2.
Fortunately, the city council is expressly empowered under Ohio law to move swiftly to advance an alternative method of election, such as the use of single-member districts, to ensure equal participation for all of Columbus' residents."