Voters Fight Back Against Fraud Accusations
The Southern Coalition for Social Justice joins the individuals and organizations across the country and world condemning President Trump’s recent Executive Order, which imposes severe restrictions on entry into the United States from seven Muslim-majority nations, suspends all refugee admissions for 120 days, and bans refugees fleeing violence in Syria until further notice.
We believe this kind of discriminatory action hurts all of us. The order is overly broad, antithetical to longstanding American values of religious tolerance and inclusion, and grounded in bigotry and unfounded fears. It fuels the fire of hateful acts that have been committed against people of color and people of all faiths since the election. Since its issuance on Friday, the executive order has caused profound fear and pain in immigrant and refugee communities across the country and world, as well as chaos and indignities in our airports. It is a self-inflicted wound to America’s standing and respect across the world.
As social justice lawyers, we represent ordinary people of color who have to abide by a patchwork quilt of discriminatory laws that often lead to their mass criminalization and disenfranchisement. We also value our constitutional system of checks and balances and are dismayed by the administration’s blatant disregard for federal court orders. In the United States of America, no one is above the law.
Immigrants and refugees from all countries and of all religions are valuable parts of the fabric of American society. The Southern Coalition for Social Justice pledges to stand with our refugee and Muslim brothers and sisters throughout the country and the world, today and moving forward. We will continue to demand that America not turn its back on innocent and vulnerable people based on their country of origin or their religious faith.
FOR IMMEDIATE RELEASE
January 5, 2017
N.C. Youth Advocates Urge U.S. Department of Education to Address Continued Discriminatory Discipline Practices in Wake County Schools
Recent viral video just a snapshot of ongoing systemic discrimination
RALEIGH, N.C. – A coalition of youth justice advocates called on the U.S. Department of Education’s Office for Civil Rights earlier today, asking the agency to take immediate action to resolve a complaint initially filed against the Wake County Public School System (WCPSS) in September 2010 – 2,295 days ago.
The complaint itself highlights that this week’s excessive use of force against a Rolesville High School student is not an isolated incident. The viral video of a school resource officer slamming a young girl to the ground is troubling, yet not an uncommon use of excessive discipline for students of color. According to the complaint, Wake County students have been arrested and attacked as a result of throwing water balloons as part of a school-wide student prank tradition,1 handcuffed and treated like common criminals for infractions as minor as cutting in a school lunch line,2 and been TASED and pepper-sprayed for minor incidents that could have been readily resolved without such violent intervention.3
Further, the complaint alleges that the Wake County Public School System (WCPSS) was – and continues to be – engaging in racially discriminatory school discipline practices. Today’s letter urges the federal agency to intervene to end the ongoing discrimination against Black students in Wake County public schools.
“All children deserve to be treated fairly, especially in our schools,” said Peggy Nicholson, Co-Director of the Youth Justice Project at the Southern Coalition for Social Justice. “However, racial discrimination clearly exists in how students are disciplined in Wake County public schools. We know it and the U.S. Department of Education knows it. It’s time for the federal government to step in and put a stop to the unlawful discrimination that’s happening here.”
Since the filing of the initial complaint in 2010, the coalition has provided seven updates to the Office for Civil Rights documenting the persistent nature of the discriminatory practices.
“Discriminatory discipline practices have remained virtually unchanged over the past six years. That clearly demonstrates that the problem is systemic,” said Jennifer Story, Supervising Attorney at the Advocates for Children’s Services at Legal Aid of North Carolina. “Not only are we asking for action from the U.S. Department of Education, we are asking for ongoing monitoring to ensure compliance. Otherwise, we run the risk of continuing to allow discrimination and depriving kids of the fairness and opportunities they deserve.”
Even though Black students consistently represented approximately 25% of the student body during the 2010-11 to 2014-15 school years, data presented in today’s letter to the Office for Civil Rights points out that Black students:
- Received upwards of 63% of all out-of-school suspensions given to students in the district during that same time period;
- Received between 64 and 76% of school-based referrals to juvenile delinquency court;
- Accounted for:
- 72% of the 387 high school students referred to adult criminal court;
- 75% of the 4 middle school students referred to adult criminal court; and,
- 77% of the 13 alternative school students referred to adult criminal court.
“The system is failing our kids,” said Letha Muhammad, parent and leader of Education Justice Alliance in Wake. “We need help. Our children know that discrimination is wrong and their school system is treating them differently. We need the Wake County Public School System to be held accountable for their discriminatory practices. Right now, students of color are being treated as second-class citizens and that’s not something they deserve or something that we should tolerate.”
Although the school system has made some efforts to address the disparities, the data clearly reveals an obvious pattern of discrimination. In calling for the Office for Civil Rights to address the longstanding complaint, coalition partners are hoping that the agency’s action and monitoring will ensure that Black students are not subject to continued, unlawful discrimination.
The coalition’s letter the U.S. Department of Education’s Office of Civil Rights is attached and can also be found here: http://www.southerncoalition.org/OCRLetter
1Hui, T. K. (2013, May 30). Seven Enloe students arrested in balloon-tossing prank. Raleigh News and Observer. Retrieved from http://www.newsobserver.com/2013/05/30/2928310/enloe-students-say-water-balloon.html; Saunders, B. (2013, August 20). Saunders: In Enloe water-balloon case, does punishment fit the crime? Raleigh News and Observer. Retrieved from http://www.newsobserver.com/2013/05/20/2905804/saunders-in-enloe-water-balloon.html
2 See Knafo, S. (2014, January 24). Teen Handcuffed for Cutting In Line in School Cafeteria: Complaint. Retrieved from http://m.huffpost.com/us/entry/4654351.
3 See Klein, R. (2016, August 11). Set to Stun: Children are being Tasered by school-based police officers. No one knows how often it’s happening or what impact it’s having on students. Retrieved from http://data.huffingtonpost.com/2016/school-police/tasers.
FOR IMMEDIATE RELEASE
January 4, 2017
Federal Court Denies State Legislature’s Request to Postpone Drawing Legislative Districts in 2017
DURHAM – In a unanimous ruling today, a federal court denied the General Assembly’s request to postpone the order requiring new legislative districts to be drawn and elections to be held in 2017. The same court that denied the stay issued the order in November 2016 that calls for new maps and elections. The Southern Coalition for Social Justice represented plaintiffs in the case that challenged the racially gerrymandered state legislative districts.
Anita Earls, Executive Director of the Southern Coalition for Social Justice, issued the following statement after the motion was denied:
“We are pleased that the court continues to recognize the harm that will be done to people of North Carolina by electing representatives in districts that are unconstitutional. It’s time for the legislature to recognize that the people of our state deserve to have fair representation and the opportunity to vote in districts that were not racially gerrymandered.”
A copy of the order can be found here: http://bit.ly/CovingtonStay
Legislative Rewrite of Judicial Elections and Election Board Composition Undermines Democratic Principles
SB 4 would usurp executive powers for partisan purposes
RALEIGH – State Sens. Rucho, Rabon and Tucker introduced SB 4 just hours after the legislature convened its fourth special session of the year. Among its many provisions, SB 4 appears to:
- Overhaul the State Board of Elections and change the process for appointing members, creating the potential for deadlock on the eight-member board that could lead to limitations on early voting and other voting access issues, and increasing the General Assembly’s control over members of that independent state agency;
- Alter the structure of county boards of elections from three to four members, further creating the potential for deadlock on election issues at the county level as well;
- Remove the right to directly appeal to the N.C. Supreme Court unless the case is first heard en banc (by all 15 members) by the Court of Appeals, ensuring that all rulings are made by a majority of Republican judges before they ever get to the Supreme Court, delaying constitutional challenges to statutes enacted by the General Assembly and making it more expensive to win court cases challenging those statutes; and,
- Make N.C. Supreme Court elections partisan, which will inject partisanship into elections for a nonpartisan judicial body charged with impartially interpreting and applying the law.
After the bill was introduced, Anita Earls, Executive Director of the Southern Coalition for Social Justice, issued the following statement:
“Instead of a court-packing bill, it appears we got a court-denial bill. This proposal seems to delay Supreme Court review of cases, including those involving citizens’ constitutional rights. Unconstitutional laws could be in effect for years before the State Supreme Court would finally get the case and rule. It also means that every case will be ruled on first by a majority of Republican judges. This further encourages more partisanship instead of fostering an impartial judiciary.”
“Changing the State Board of Elections is also a partisan power grab that is not justified by any real need. The special legislative session was convened to address the needs of communities that were impacted by flooding and wildfires. Using this session for partisan trickery is not only a waste of taxpayer money, it also uses disaster victims as political pawns.”
The full text of SB 4 can be found at: http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2015E4&BillID=s4&submitButton=Go
The Washington Post has published a column by Anita Earls, the Southern Coalition for Social Justice’s Executive Director. The column covers how dangerous the rhetoric being used in North Carolina’s election process is and the likely consequences of doing so.
Ms. Earls writes:
“Despite this, McCrory and other Republican Party officials are engaging in an effort to subvert the election results by tainting them with unfounded allegations of widespread voter fraud and elections officials’ misconduct. Doing so is not only dangerous, but it also creates the perception that the election results are unreliable when they are not, and it fuels future legislative efforts to disenfranchise voters.”
Further, Earls outline why claiming voter fraud is dangerous when there’s no evidence to support the claim:
“…claiming voter fraud without any supporting evidence is dangerous. Free speech is protected, but one cannot yell “fire!” in a crowded theater. It’s dangerous. So, too, is making an allegation of election fraud with no solid evidence. It causes irreparable damage to the public’s faith in the democratic process.”
The column lays out how these allegations can be used in future legislative efforts to disenfranchise voters in North Carolina:
“…we have already seen a willingness for state legislators to run roughshod over minority voters. And despite a federal court rejecting North Carolina’s previous voter suppression efforts, we expect to see more attempts to deprive people of their right to vote in the next legislative session. Undoubtedly, fears stoked in this election will be used to push those regressive changes through the legislative process.”
Anita Earls and the voting rights team at the Southern Coalition for Social Justice are dedicated to combatting efforts to undermine our elections process, and are quick to point out the real threats to our democracy:
“It’s time to move past the dangerous rhetoric being used by McCrory and his allies to disparage the election results. Only then can we focus on the real threat to democracy in North Carolina — the continual effort to keep people of color and others from fairly and equally participating in civic life.”
FOR IMMEDIATE RELEASE
November 29, 2016
Federal Court Orders NC Legislature to Draw New State Legislative Districts by March 15, Hold Special Elections in November 2017
DURHAM – In a unanimous ruling today, a three-judge panel in the United States District Court for the Middle District of North Carolina ordered the General Assembly to redraw 28 racially gerrymandered state house and senate districts by March 15, 2017, and to hold a special primary and general election in the fall of 2017. The terms of all legislators elected in November 2016 and serving in any district modified by the General Assembly are shortened to one year. If the legislature fails to draw new districts, the court may do so.
“North Carolinians deserve fair representation in the state legislature, and that is impossible to achieve with racially gerrymandered districts. A special election in the affected districts in 2017 is the best way to protect the rights of all North Carolinians,” said Anita Earls, executive director of the Southern Coalition for Social Justice, which, along with the Poyner Spruill and Tin Fulton law firms, represented the plaintiffs in the lawsuit.
According to the order, North Carolina shall hold a primary election in late August or early September and a general election in early November 2017. The specific dates are to be set by the legislature, or by the Court if the legislature fails to act. Legislators elected in the new districts in 2017 shall take office on January 2, 2018 and serve a one year term.
In the order, the three-judge panel noted, “While special elections have costs, those costs pale in comparison to the injury caused by allowing citizens to continue to be represented by legislators elected pursuant to a racial gerrymander” (page 2-3).
Lead plaintiff Sandra Covington, a retired elementary teacher from Fayetteville, explained that as a result of the racially gerrymandered districts she “was plucked out of my district and placed into another district simply because of my race.” Covington, along with 30 other individuals from across the state who reside in the racially gerrymandered districts, filed the lawsuit challenging the districts.
The Court ordered the legislature to redraw state House Districts 5, 7, 12, 21, 24, 29, 31, 32, 33, 38, 42, 43, 48, 57, 58, 60, 99, 102, and 107; and state Senate Districts 4, 5, 14, 20, 21, 28, 32, 38, and 40.
A copy of the order is available here: http://bit.ly/CovingtonNC
Southern Coalition Statement on State Board of Elections Order
DURHAM – The North Carolina State Board of Elections issued an order yesterday giving guidance to county election boards to ensure uniform application of voting laws and rules. In the order, the State Board of Elections directed county boards to dismiss election protests that merely dispute the eligibility of a voter (see item number 6 in the order). To date, dozens of challenges have been filed across the state contesting voter eligibility, with most being dismissed for a lack of evidence or being cases of mistaken identity.
In addition to the individual challenges, there was a large-scale challenge filed last week by Francis De Luca of Civitas to throw out the ballots of same-day registrants, potentially thousands of them. The Southern Coalition for Social Justice (SCSJ) represents a number of voter engagement advocates and affected voters in the state who quickly moved to intervene and defend against that challenge. Many of the clients represented by SCSJ are the same people who won the ruling this summer in the 4th Circuit U.S. Court of Appeals to uphold same-day registration in the state.
Yesterday’s order from the State Board of Elections also prohibits county election boards from retrieving and throwing out a ballot cast by an unqualified voter unless the challenge was filed in a timely manner or there is evidence that “voters participated in numbers sufficient to change the outcome of the election” (see item number 7 in the order).
Allison Riggs, senior voting rights attorney for the Southern Coalition for Social Justice, represented SCSJ at the State Board of Elections’ public meeting regarding this matter. After the order was released, Riggs issued the following statement:
“Most of the election challenges we have seen in North Carolina are baseless and indiscriminate efforts to undermine public confidence in the election. We applaud the State Board of Elections for offering guidance to local election officials to make sure that eligible voters are not disenfranchised. It’s time to move forward with finalizing the state’s election results. North Carolinians deserve to have closure in this election and know that their vote cannot be discounted by partisan efforts to sabotage an election.”
Election Day has arrived! Here are the times polls are open in states across the South and links to where you can find your polling place:
- North Carolina: Polls are open 6:30 am – 7:30 pm. Find your polling place at http://vt.ncsbe.gov/pollingplace_search/
- Virginia: Polls are open 6:00 am – 7:00 pm . Find your polling place at http://bit.ly/VaVotes
- South Carolina: Polls are open 7:00 am – 7:00 pm. Find your polling place at http://bit.ly/SCVoters
- Georgia: Polls are open 7:00 am – 7:00 pm. Find your polling place at https://www.mvp.sos.ga.gov/MVP/mvp.do
- Alabama: Polls are open 7:00 am – 7:00 pm. Find your polling place at http://bit.ly/BAMAVotes
- Florida: Polls are open 7:00 am – 7:00 pm. Find your polling place at http://bit.ly/VotingFL
- Mississippi: Polls are open 7:00 am – 7:00 pm. Find your polling place at http://bit.ly/MSvoters
- Louisiana: Polls are open 6:00 am – 8:00 pm. Find your polling place at https://voterportal.sos.la.gov/