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ACLU of KY Challenges "Challengers" in African American Precincts Print E-mail
Friday, October 31, 2003, 2:00 am

Louisville, KY - The American Civil Liberties Union of Kentucky filed lawsuits in state and federal court today seeking to prevent the Jefferson County Republican Party from placing “challengers” in 59 voting precincts in predominantly African American neighborhoods in next Tuesday’s election.

Representing five voters from the targeted precincts, the ACLU charges that the Republican Party’s plan violates the federal Voting Rights Act, which protects the right to vote free from discrimination based on race and prohibits actions that intimidate, threaten or coerce.  The plan also violates the state constitutional guarantees to a free and fair election and to equal protection of the laws.

“While the law certainly allows challengers to be placed in precincts during an election, the Republican Party’s plan for next Tuesday is a clear violation of rights guaranteed by both the state and federal Constitutions, “ said David Friedman, general counsel for the ACLU of Kentucky.  “Targeting African American precincts for this kind of voter challenge is not only wrong, it’s illegal. The state’s election laws cannot be used to appoint poll challengers to precincts based on race.  It is both discriminatory and a violation of the constitutional guarantee for equal protection under the laws.”

The poll challengers appointed by the Republican Party do not live in or near their designated precincts and therefore could not have any reasonable grounds upon which to base a challenge to any voter.

“The challengers do not know the residents of the neighborhood and have said they plan to engage in activities beyond what the law allows,” Friedman said.  “Their presence at the targeted precincts could only be for the purpose of disrupting activities at the polling place.”

In each of the lawsuits, the ACLU seeks to prevent the Republican Party from disrupting the conduct of a free and fair election.  By their own admission, several poll challengers have said they plan to “watch” poll sites and report back to party officials, which is not a part of their legal charge.

The Republican Party’s plan for next Tuesday’s election is not an isolated incident, but rather part of a widespread “ballot security” initiative aimed at discouraging voters of color from participating in state and federal elections.Placing poll challengers in the targeted precincts is for the purpose of intimidating, harassing, and delaying voters and depressing voter turnout among African American voters.  Similar tactics have been used by the Republican Party in Florida and Tennessee.

The plaintiffs in the case are the Rev. George C. Curington, Sr., Cheri Bryant Hamilton, Barbara Shanklin, Georgia Powers, and Wanda Baker on behalf of themselves and all registered voters who reside in one of the 59 targeted precincts.In addition to Friedman, the plaintiffs are represented by Louisville attorney Brian C. Edwards, who is serving as cooperating attorney for the ACLU of Kentucky.

 
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