Monday, July 9, 2012

Voter Participation is Now the Challenge


By Alex Willingham

From Southern Changes, Vol. 9, No. 2, 1987

Since the enactment of the Voting Rights Act, black voter participation has improved dramatically, often operating as an integral part of winning coalitions. However, under-registration and low voter turnout continue to handicap the black population in the South. This is the uncomfortable fact behind claims of an influential black vote made after the Jesse Jackson campaign in the 1984 presidential primaries and again after the 1986 elections. Such claims were fueled by certain black political leaders and also by conservative whites smarting over the defeat of incumbent Southern senators who failed to attract black votes in 1986. Both groups have a special interest in exaggerating the importance of the black vote. But the reality is that blacks in the South, even some in key jurisdictions, are neither registering nor voting in respectable numbers.

A case in point is the 1986 campaign in Georgia's Fifth Congressional district where John Lewis won election over Julian Bond. The district is centered in Atlanta and includes black voters with an active history of participation. Both Bond and Lewis are well-known veterans of the civil rights movement and voter registration work. For the heated run-off between them less than sixty percent of the eligible blacks in Fulton county (the bulk of the district) were registered to vote, and barely more than a third actually cast ballots. Limited registration and turnout did not prevent the election of a black Congressman there, but only because court-ordered redistricting provided a large black majority; in a district with the same black registration and turnout, but with a smaller black majority, a viable white candidate might have beaten Bond or Lewis.

In the Second Congressional district in Mississippi, black citizens--though a majority--were unable in 1982 and 1984 to elect a U. S. Congressman. In 1986 when the district elected Mike Espy to become Mississippi's only black congressman, it was considered an upset although he was elected over a white in a district with 57 percent black population. Despite the large percentage of blacks in the South, Lewis and Espy will serve with just two other black colleagues among the 138 Southerners in the 100th Congress.

In a real sense, these are protected victories, won through the reapportionment process. And reapportionment, the most important election reform strategy of recent years, has been so successful it is now nearly exhausted as a remedy. The single-member district is now widely used throughout the South. From courthouse to statehouse, thousands of at-large elective offices once unattainable to minority candidates have been transformed into districts which give ample expression to black voting choices and, due to segregated housing patterns, just about assure election of black candidates.

The momentum for districting remains strong. The Alabama legislature has enacted local courtesy laws enabling a cluster of Black Belt counties to convert to singlemember districts for the election of county governing bodies and school boards. Another l70 Alabama jurisdictions may convert to single-member districts under terms of a pending lawsuit. In Mississippi all county supervisors are elected from single-member districts. Even Southern legislatures, the bodies responsible for reapportionment, are elected from single-member districts in eight of the Southern states; only a few multi-member districts remain in Arkansas, Georgia, and North Carolina.

Generally, the federal courts have upheld single-member districting as one effective remedy for electoral discrimination even as legislative and administrative policies have moved in regressive directions. In Thornburg v. Gingles, a 1986 decision on North Carolina's legislative reapportionment, the U.S. Supreme Court disallowed several at-large features of a districting plan and specifically emphasized that the election of racial minorities should be considered a critical factor in evaluating election systems. The Thornburg decision has been considered pivotal because the Reagan Administration entered the case and made a special argument, rejected by the Court, that would have restricted the reach of reapportionment law.

Mere conversion to single-member districts does not settle the issue of discrimination in elections. The problem is illustrated in cases such as that of the Mississippi county supervisors where, despite single-member districts, blacks account for only 38 of the state's 410 supervisory positions although blacks are a substantially larger percentage of the state's population. A similar pattern holds among the Southern state legislatures. Even with the large-scale conversion to single-member legislative districts, for example, blacks would have to more than double their present number of state legislative seats merely to match their numbers in the region's population. As single-member districts come more into use, a remaining issue--and one likely to dominate the 1990 round of reapportionment--is how to draw districts so as to create effective minority constituencies.

Recent reforms have been based on certain key assumptions which justify the priority given to the reapportionment strategy: that Southern state voting policies would be retrogressive, that blacks would under-participate relative to whites, that cross-racial coalitions would be unlikely, and that minorities would not be elected to single executive and state wide offices. These assumptions can now be reviewed.

Southern state policies on voter participation, traditionally hostile to the black voter, have been improving. Flexible voter registration hours, satellite registration sites and deputy registrars are now more common. Election officials in several states publicly and systematically encourage voter registration.

While barriers to voting have diminished, differential rates of voter participation continue. And when this is combined with white racial bloc voting the results could be an artificial constraint on the political development that will come to the region. In the past, allowance has been made for underparticipation by using the redistricting process to draw black districts with extraordinary majorities. This practice has been effective in the short-run but has serious drawbacks as a long-run tactic. Such compensatory districting may encourage packing, a new wrinkle in racial gerrymandering which could be a threat remaining long after the classic vote dilution techniques--including at large voting--have been swept away.

One danger is that ostensibly black-controlled districts may be intentionally drawn where powerful white factions continue to control political office. For example, by putting most of the 30 percent black population of a given county in a single almost exclusively black district, blacks might elect one of five commissioners, who would consistently be on the losing end of 4-1 commission decisions. The remaining blacks in the county might be split among several majority white districts where they compete with a dominant voting bloc and have no ability to influence decisions. A perception of representation might develop, among both blacks and whites, which reduces the minority community to its "own" elected officials. This result would lead to disillusionment as surely as the failure of blacks to win offices in districts with only slight black majorities.

Recent reforms have been based on a pessimistic assumption about the prospects of cross-racial voter coalitions. The reality of white racial bloc voting, particularly when combined with the differential rates of participation, is a strong factor in assessing the racial impact of election mechanics. But voter coalitions are critical to future advances. The building of such coalitions will depend, in large measure, on racial attitudes of white voters, but a key ingredient will be maximization of the voting potential of the minority population.

Furthermore, single-member redistricting reforms do not reach certain levels. They have brought mixed results in Congressional races; they are ineffective in single executive and state-wide offices. Except for the special case of judges, only one black holds a state-wide elected office in the South.

The significance of voter registration and education are clear. Yet there is growing doubt that current efforts and organizations will be capable of meeting the challenge. The Voter Education Project (VEP), historically responsible for increasing black voter participation in the region is facing major problems. For several years now it has been in serious financial, organizational and structural disarray. Even before its current troubles, the political dynamics in the region were presenting an increasingly difficult challenge to voter registration efforts.

The crisis at VEP was not entirely caused by internal factors. It grew out of two things. First there was the overall shift in voting rights efforts from community organizing to formal litigation, a shift that came to dominate voting rights strategy in VEP's Deep South territory. Second, there was a shift in the object of organizing from support for overall consensus candidates (often at the presidential level) to mobilization in the context of highly partisan local campaigns. Key elections sometimes feature competition among black candidates in majority-black single-member districts; at other times they consist of black incumbents unopposed for reelection.

In 1985, when the national philanthropic foundations issued the report criticizing VEP, the focus was on over allocation of money to administration as opposed to field work. But VEP, or any other organization doing effective voter participation work, will have to come to grips with the changing conditions of Southern politics and of the role of minority voters therein. Some dramatic efforts to address the issue have had little impact. In 1984 lawsuits were filed in several southern states seeking to compel state officials to affirmatively register voters. VEP itself shifted tactics and went to court over registration practices in Georgia.

But this overall effort has stalled and cannot be expected to bring results in the near future.

The Jackson Campaign and its Rainbow Coalition proposed a seductive way out of the voter participation dilemma--charismatic leadership based in black church organization. Whether that will have a long-run impact on minority voter participation is doubtful (there is some reason to believe that black church politics is an extension of the partisan pattern now emerging). In the short run the Jackson mobilization has not significantly expanded black voting and, indeed, Rainbow candidates have become one more element competing for support within the same restrictive franchise.

The Jackson method also places heavy emphasis on race in its mobilization drives. But conditions in the South today require an active voter to exercise the franchise in circumstances where such cues are not dependable guides because election choices are more matter-of-fact calculations. Powerful white factions seeking to realign Southern politics, and restrict bi-racial governance, encourage racial cueing by blacks as a strategy for delegitimation. Emphasis on the racial cue also invites counter mobilization by elevating this visible aspect of the candidate (or proposition) among Southern white voters a group not unaccustomed to making its election choices by such a standard. Depressed voter participation in the Southern black population remains despite the Rainbow Coalition suggesting the challenge for groups seeking an open and responsive political process.

Counting VEP, about fifteen organizations now conduct voter participation work in low-income and minority communities. Only two of these are based in the South, although half of them have operations somewhere in the region. The proliferation of voter registration groups has intensified competition over scarce dollars, local constituencies, and skilled organizers, without providing local capacity to respond to basic participation problems. In local communities, groups historically constituted for voter participation work now struggle without much assistance and are actively solicited by partisan factions.

Partisanship is a fact of life in the new Southern politics, posing difficult problems for traditional tactics. Partisanship will be exaggerated by the increase in black elected officials. Conclusions about the precise impact of partisanship are difficult given the rapid pace of change. However, certain features are clear. The new mobilization is not a strategy for empowerment. It is primarily effective in influencing the direction of the vote rather than the quality of participation or input beyond election day. It is beneficial insofar as such mobilization helps sustain some voter turnout. Partisan mobilization tends to be episodic and personality-driven. It seems to increase the role of money in elections. It is of limited impact in low-profile elections even when the issues being decided are vitally important to minorities.

Current levels of registration and turnout suggest that partisan mobilization is not a viable substitute for traditional voter registration work. It does not seem capable of addressing the legacy of discrimination or the sense of uncertainty about the efficacy of the vote that is behind minority under-participation. To leave the exercise of voting rights to partisan mobilization will mean that the historic struggle to enfranchise black Southerners will lose its potential as a democratizing force and become reduced to mere politics-as-usual.

What can be done? Nothing easily. Because philanthropy gives its funds to non-political groups, its predisposition favors litigation strategies which are safe from charges of partisan involvement. As we have seen, however, the benefits to be expected from litigation are diminishing and low voter participation among minorities may actually have begun to undercut the benefits of redistricting. Proponents of voter registration should avoid putting so many eggs in the litigation basket and return to providing support for organizational community-based work designed to register and vote the population. This is no simple matter. Persisting underparticipation and partisan domination of the electoral agenda raise difficult strategic problems for groups working to expand minority participation.

Improvements in official voting policies are still needed at both the state and federal levels. But formal changes in state policies are not a substitute for community-based organizational work. Any overall strategy will necessarily develop out of experiences in local communities--rather than top down. Targets of opportunity must be pursued by placing resources in places where there are realistic chances of making gains. A regional organization, in the tradition of VEP, could be pivotal in the process.

Above all some organization needs to plunge in to systematically collect and analyze information on what is happening in the aftermath of the recent reforms. Research associated with voting rights litigation provides some interesting illustrations about how to answer these questions. But the case-by-case nature of this work does not facilitate the systematic generalization needed now.

The Voting Rights Act, the federal courts, and an experienced bar remain in place to protect against wrongdoing by state officials, but the main line of defense against vote dilution is increasingly becoming that of informed citizens taking action in local communities. Strategies to promote full participation in Southern politics have varied over time as activists have struggled to overcome voting practices that were among the nation's most restrictive and discriminatory. Successful adjustments have resulted in significant change yielding a more open political process today. Another shift is necessary now if the historically disfranchised are to consolidate past gains and continue the march towards a just political system.

As this article was being written, Political scientist Alex Willingham was research director of the Southern Regional Council.

Sunday, July 8, 2012

Bob Zellner Receives 2009 Lillian Smith Book Award for "The Wrong Side of Murder Creek"

A few choice words from Rosa Parks inspired the son of a Klansman to pursue a life in the Freedom Struggle.

In the course of accepting the Lillian Smith Book Award for 2009, Bob Zellner announced that his long-awaited memoir of a white Southerner in the Civil Rights Movement will soon become a major motion picture produced by Spike Lee.

The video below captures the challenge that Toby Graham issued to all of us in presenting the award, as well as Zellner's commentary on the persistence of racism in today's world.






"Even forty years after the movement, the transition from son and grandson of Klansmen to field secretary of SNCC seems quite a journey. In the early 1960s, when Bob Zellner’s professors and classmates at a small church school in Alabama thought he was crazy for even wanting to do research on civil rights, it was nothing short of remarkable.

"Now, in his long-awaited memoir, Zellner tells how one white Alabamian joined ranks with the black students who were sitting-in, marching, fighting, and sometimes dying to challenge the Southern “way of life” he had been raised on but rejected.

"Decades later, he is still protesting on behalf of social change and equal rights. Fortunately, he took the time, with co-author Constance Curry, to write down his memories and reflections. He was in all the campaigns andwas close to all the major figures. He was beaten, arrested, and reviled by some but admired and revered by others.

"The Wrong Side of Murder Creek is Bob Zellner’s larger-than-life story, and it was worth waiting for. Zellner now lives and teaches in New York state. Atlanta-based co-author Curry is also a civil rights veteran and has written several books and directed a documentary film."

Join us for this year's Award Ceremony
DeKalb Public Library
Decatur, Georgia
September 2, 2012
2:30 p.m.







Saturday, July 7, 2012

Lillian Smith Book Awards - Featured 2009 Award Recipient

By Ariela J. Gross

Is race something we know when we see it? In 1857, Alexina Morrison, a slave in Louisiana, ran away from her master and surrendered herself to the parish jail for protection. Blue-eyed and blond, Morrison successfully convinced white society that she was one of them. When she sued for her freedom, witnesses assured the jury that she was white, and that they would have known if she had a drop of African blood. Morrison’s court trial—and many others over the last 150 years—involved high stakes: freedom, property, and civil rights. And they all turned on the question of racial identity.

Over the past two centuries, individuals and groups (among them Mexican Americans, Indians, Asian immigrants, and Melungeons) have fought to establish their whiteness in order to lay claim to full citizenship in local courtrooms, administrative and legislative hearings, and the U.S. Supreme Court. Like Morrison’s case, these trials have often turned less on legal definitions of race as percentages of blood or ancestry than on the way people presented themselves to society and demonstrated their moral and civic character.

Unearthing the legal history of racial identity, Ariela Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society. This book reminds us that the imaginary connection between racial identity and fitness for citizenship remains potent today and continues to impede racial justice and equality.

“Gross supplies a specific accounting of the contortions into which communities and the courts tangled themselves while trying to figure out who was really white or black, or something else. And she looks at the consequences of this thinking, how it divided a nation into black, "non-white" (Native Americans and immigrant groups that didn't come from Europe), and white - the people my grandmother and so many others refer to as, simply, Americans.”


Join us for this year's Award Ceremony
DeKalb County Public Library
Decatur, Georgia
Sunday, September 2, 2012

Friday, July 6, 2012

Lillian Smith Book Awards - Featured 2009 Award Recipient

By Bob Zellner with Connie Curry

Even forty years after the movement, the transition from son and grandson of Klansmen to field secretary of SNCC seems quite a journey. In the early 1960s, when Bob Zellner’s professors and classmates at a small church school in Alabama thought he was crazy for even wanting to do research on civil rights, it was nothing short of remarkable. Now, in his long-awaited memoir, Zellner tells how one white Alabamian joined ranks with the black students who were sitting-in, marching, fighting, and sometimes dying to challenge the Southern “way of life” he had been raised on but rejected. Decades later, he is still protesting on behalf of social change and equal rights. Fortunately, he took the time, with co-author Constance Curry, to write down his memories and reflections. He was in all the campaigns and was close to all the major figures. He was beaten, arrested, and reviled by some but admired and revered by others. The Wrong Side of Murder Creek is Bob Zellner’s larger-than-life story, and it was worth waiting for. Zellner now lives and teaches in New York state. Atlanta-based co-author Curry is also a civil rights veteran and has written several books and directed a documentary film.
Join us for the 2012 Award Ceremony
DeKalb County Public Library
Decatur, Georgia
Sunday, September 2, 2012

2:30 p.m.

Friday, June 29, 2012

Health Care Decision May Signal the Advance of a Broader Federalist Agenda


 National Federation of Independent Businesses v. Sebelius

By Leland Ware 

On June 28, 2012, the Supreme Court issued its "Obama Care" decision. This case involved constitutional challenges to two provisions of the Patient Protection and Affordable Care Act commonly referred to as the individual mandate and the Medicaid expansion. The individual mandate requires most Americans to maintain “minimum essential” health insurance. Those who do not comply with the mandate must make payment which the Act describes as a “penalty.” The Medicaid expansion extends eligibility to include families making 33 percent above the poverty line. The maximum income to qualify would go from $23,050 per year for a family of four to nearly $31,000.

The Court upheld the law under Congress’s taxing powers. However, in a significant departure from longstanding precedent, the Court also held that the Act exceeded the authority granted to Congress by the Commerce Clause. The Commerce Clause gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Chief Justice Roberts found that cases construing the Commerce Clause have described the power as reaching only “activity.” The individual mandate, in contrast, compels individ­uals to become active in commerce by purchasing a product on the ground that their failure to do so affects interstate commerce. The majority held Commerce Clause cannot be applied to inactivity. Doing so would give the Government almost unfettered power to compel citizens to act as the Government would have them act. Congress could, for example, address the nation's dietary problem by ordering everyone to buy vegetables.

The Government also argued that the mandate is within Congress’s enumerated power to “lay and collect Taxes.” The majority found that if an individual does not maintain health insurance, the only consequence is that he must make an additional payment to the IRS when he pays his taxes. Congress had the power to impose the penalty under its taxing power. 

The Court also held that the Medicaid expansion violates the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion. When Congress threatens to terminate other grants as a means of pressur­ing the States to accept a Spending Clause program, the legislation runs counter to this Nation’s system of federalism. Under the ruling each state can decide if it wants to expand its Medicaid rolls.

This was a 5-4 decision in which Chief Justice Roberts disagreed with Justices Scalia, Alito, Thomas and Kennedy, the Court’s conservative faction. It is significant that Roberts, a conservative, voted with Justices Breyer, Ginsburg, Sotomayor and Kagan but in doing so, he interpreted the Commerce Clause in a way restricts Congressional power. This is inconsistent with 75 years of precedent and invites challenges to many federal laws that rely on the authority granted by Commerce Clause including the Civil rights laws of the 1960s. This may signal an advance in the broader Federalist agenda of constraining Congressional powers and granting more authority to states.

About the Author

Leland Ware, a member of the Board of the Southern Regional Council, is Louis B. Redding Chair and Professor for the Study of Law and Public Policy at the University of Delaware.He is the author of numerous publications, and he served as co-editor of the recently-published volume, Choosing Equality: Essays and Narratives on the Desegregation Experience.



Sunday, June 24, 2012

Toby Graham Returns as Lillian Smith Book Award Juror for 2012



P. Toby Graham
Director, Hargrett Rare Book & Manuscript Library
Director, Digital Library
University of Georgia



The Southern Regional Council (SRC), founded in 1919 to combat racial injustice, established the Lillian Smith Book Awards in 1966 to recognize writing which extends the legacy of the outspoken writer who challenged all Americans on issues of social and racial justice.

Since 2004 the awards have been presented by SRC in a partnership with the University of Georgia Libraries, whose Hargrett Rare Book and Manuscript Library houses a historic collection of Lillian Smith's letters and manuscripts. Since 2007 this partnership has also included Georgia Center for the Book, and the awards ceremony is now presented on the Sunday of the Labor Day Weekend as part of the Decatur Book Festival in Decatur, Georgia. Excerpts from the 2008 - 2011 awards ceremonies may be viewed through the links on this page and through the Video Bar. The 2012 awards ceremony will be held at the DeKalb County Public Library in Decatur, Georgia on Sunday, September 2nd.

This year's jury will once again include Toby Graham, director of the University of Georgia's collaborative digitization program, which partners with libraries, archives, and other institutions to provide online access to key collections on Georgia history and life. Based at the University of Georgia Libraries, the Digital Library of Georgia (DLG) is an initiative of GALILEO, Georgia's virtual library. The DLG endeavors to provide a seamless digital library on the state's history and culture connecting users to 105 digital collections from 65 institutions and 100 agencies of government (approx. 500K objects). http://dlg.galileo.usg.edu/

Graham is Director of the Hargrett Library at the University of Georgia, which consists of the Rare Books and Manuscripts Library, Georgiana Collection, University Archives, and Records Management.



Saturday, June 16, 2012

Presenting the Lillian Smith Book Award Jurors for 2012

The Southern Regional Council (SRC), founded in 1919 to combat racial injustice, established the Lillian Smith Book Awards in 1966 to recognize writing which extends the legacy of the outspoken writer who challenged all Americans on issues of social and racial justice.

Since 2004 the awards have been presented by SRC in a partnership with the University of Georgia Libraries, whose Hargrett Rare Book and Manuscript Library houses a historic collection of Lillian Smith's letters and manuscripts. Since 2007 this partnership has also included Georgia Center for the Book, and the awards ceremony is now presented on the Sunday of the Labor Day Weekend as part of the Decatur Book Festival in Decatur, Georgia. Excerpts from the 2008 - 2011 awards ceremonies may be viewed through by clicking on the images on this page or on the Video Bar.
The 2012 awards ceremony will be held at the DeKalb County Public Library in Decatur, Georgia on Sunday, September 2nd.

This year’s Lillian Smith jury is again chaired by Mary A. Twining, Emeritus Professor of English and Folklore at Clark Atlanta University. Noted for her study of the Sea Island Communities of Georgia and South Carolina, and their cultural ties to West African culture, her published work has included Sea Island Roots: African Presence in the Carolinas and Georgia, which she edited with Keith E. Baird (Trenton, NJ: Africa World Press 1991); Names and Naming in the Sea Islands, a contribution to the Crucible of Carolina: Essays in the Development of Gullah Language and Culture, edited by Michael Montgomery and Louise Ferrell, University of Georgia Press, 1994; The New Nomads, Art, Life, and Lure of Migrant workers in New York State, published in The Journal of the New York Folklore Society 1987; and numerous contributions to the Journal of Black Studies.

Returning juror Toby A Graham is Director of the Hargrett Rare Book and Manuscript Library at the University of Georgia and Director of the University’s Collaborative Digitization Program, which partners with libraries, archives, and other institutions to provide online access to key collections on Georgia history and life. He works to provide a seamless digital library on the state's history and culture. He also serves as Co-Director and Principal Investigator for the Civil Rights Digital Library Initiative, providing Web-based access to historical news film and related primary sources on the Civil Rights Movement from institutions across the United States. Toby leads digital production for Georgia HomePLACE, an innovative project which strives enhance access to local and family history resources in Georgia. He is author of A Right to Read: Segregation and Civil Rights in Alabama’s Public Libraries, 1900-1965.

James Taylor manages the Atlanta Fulton Public Library’s Buckhead Branch and also hosts the System’s Writers in Focus, “a meet-the-author” television show produced by Fulton County Television (FGTV) and broadcast throughout  metro Atlanta and Fulton County.  He previously managed the Library Express Department, the Circulation Department, and the Ivan Allen Reference Department

Constance W. Curry is the author Silver Rights, which won the 1996 Lillian Smith Award for non-fiction. She also co-authored Mississippi Harmony with Ms. Winson Hudson, published fall 2002. Curry also collaborated in and edited Deep in Our Hearts: Nine White Women in the Freedom Movement (University of Georgia Press, 2000) and the book Aaron Henry: the Fire Ever Burning (University Press of Mississippi, 2000).  More recently, she collaborated with Bob Zellner on The Wrong Side of Murder Creek, which received a Lillian Smith Book Award in 2009.