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Citing Voters' Right to be Heard, ACLU Files Lawsuit Charging Illegal
Voting Methods in Town of Manalapan
January 25, 2002
WEST PALM BEACH ? In a federal lawsuit filed today, the American Civil Liberties Union challenged an unlawful and unconstitutional voting districting scheme in the Town of Manalapan that dilutes residents' voting strength in violation of the "one-person, one vote" principle that guarantees fair elections.
The lawsuit, which was filed on behalf of a group of Manalapan residents, calls on the court to postpone the March 5th Town Commission elections until voting districts are re-drawn to ensure that all registered voters are equally distributed ? and thus equally represented ? in the Town's three voting districts.
"The Town's election methods strike at the heart of underlying democratic principles by expressly prohibiting certain residents from having full participation in the political process," said Randall Marshall, Legal Director of the ACLU of Florida, which filed the lawsuit along with the ACLU's National Voting Rights Project, based in Atlanta.
At issue is the method of electing commissioners in the small town in northern Palm Beach County. The municipality consists of two separate areas, divided into three voting districts. There are 232 residents living on the island part of town, informally called the "Point," and 89 living on the "Ocean" side along the coast. Although the "Point" has a much higher population, it constitutes only one district served by two commissioners. The "Ocean," on the other hand, is divided into two districts with four commissioners.
"Under Manalapan's current voting system, where you live determines the power of your vote," said ACLU cooperating attorney James K. Green, who is serving as lead counsel in the case. "That undermines one of our democracy's greatest strengths ? that at the voting booth, each person stands equal to the next, no matter what their background, no matter where they live, or no matter how much money they make."
Realizing their votes were being diluted under the current districting plan, residents of the "Point" gathered signatures for a petition drive asking the city to use adjusted 2000 Census figures to equally reapportion voting districts so that each of the Town's three election districts would contain approximately 107 persons. Last year, however, commissioners rejected a proposed redistricting plan that would have provided for equal representation.
"For decades, the majority of the residents in the Town of Manalapan have been denied their right to have their Town Commission apportioned in accordance with law," said lawsuit plaintiff Basil Diamond, who led the petition drive for reapportionment. "Despite negotiations and other efforts to correct this, a minority of town residents, who control the mal-apportioned Town Commission and Town administration, have frustrated the efforts of the majority."
Other named plaintiffs include Peter Lamelas, Kelly Gottlieb and Elaine Darwin.
In addition to Green, plaintiffs are also being represented by ACLU cooperating attorney Glen J. Torcivia, of West Palm Beach, Randall Marshall, of the ACLU of Florida and Neil Bradley, of the ACLU National Voting Rights Project.
BACKGROUND ON ACLU PARTICIPATION IN ELECTION CHALLENGES
The ACLU has routinely represented voters and candidates in election contests in order to protect the right to vote and the right to participate in an election process that is fair. And it has done so without regard for partisan interests and concerns that might have been involved in the elections.
The ACLU challenges, which have involved offices ranging from city council member to sheriff to president of the United States, have been in furtherance of the constitutional principles expressed by the Supreme Court in the first "one person, one vote" decision, Reynolds v. Sims, 377 U.S. 533, 555 (1964):
"The right to vote freely for the candidate of one's choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. The legitimacy of elected office, and indeed the legitimacy of government itself, rests upon the fairness and reliability of the electoral process."
Click here to read the complaint on-line.
Contact:
Miami: Alessandra Soler, Public Education Director, or Randall Marshall, ACLU of Florida Legal Director, 305-576-2337, ext. 16,
West Palm Beach: James K. Green, ACLU cooperating attorney, 561-659-2029
For further information on the ACLU of Florida and voting rights issues, click here.
