The Justice Department today announced that it has entered into a consent decree with the City of Calera, Ala., to resolve a lawsuit alleging violations of Section 5 of the Voting Rights Act. The agreement, which must first be approved by a federal district court in the Northern District of Alabama, will stop implementation and administration of new voting districts that had the effect of eliminating the City's only majority African-American voting district.
Section 5 is the portion of the Voting Rights Act that freezes election practices or procedures in certain covered jurisdictions until the new procedures have been approved for use by the Justice Department's Voting Section. The Department's complaint, filed today in conjunction with the consent decree, alleges that the City of Calera implemented the new voting districts, which were based on 177 annexations to the City's boundaries, without first receiving administrative or judicial preclearance under Section 5. On Aug. 25, 2008, the Attorney General objected to the proposed changes because the City failed to show that the changes would not have a discriminatory purpose and effect on minority voters.
The City of Calera held an election for city council members, using the district boundaries and annexations that where not precleared by the Department. However, under the terms of the consent decree, the City has agreed to abandon administering or implementing the district boundaries, including swearing in the prevailing city council candidates, unless and until preclearance under Section 5 is obtained.
"We are pleased that with today's agreement, the City of Calera has demonstrated a commitment to complying with federal law," said Grace Chung Becker, Acting Assistant Attorney General for the Civil Rights Division.
The City has asked the Justice Department to reconsider the Aug. 25, 2008, objection, and the Attorney General has committed to providing a decision by no later than Nov. 17, 2008.
To file complaints about discriminatory voting practices, voters may call the Voting Section of the Justice Department's Civil Rights Division at 1-800-253-3931. More information about the Voting Rights Act and other federal voting laws is available on the Department of Justice Web site at www.usdoj.gov/crt/voting/index.htm.
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