Council rejects nonpartisan appeal despite pleas from residents

Despite a series of passionate pleas from local residents and political activists, the Kinston City Council voted 3-2 Monday against appealing the U.S. Justice Department’s decision to deny nonpartisan voting in municipal elections.

Councilman Will Barker made a motion to pursue an appeal of the DOJ’s decision, “based on the fact that two thirds of the voters who voted on this issue in the (2008) referendum asked to have nonpartisan elections.”

Councilman Jimmy Cousins seconded the motion. There was no discussion, though, and Mayor O.A. “Buddy” Ritch Jr. called for a vote.

Barker and Cousins voted “yes;” Council members Robbie Swinson, Alice Tingle and Joe Tyson voted “no.”

Just over 64 percent of the 7,680 ballots cast in a special referendum during the 2008 elections were in favor of changing Kinston’s election system.

But Section 5 of the federal 1965 Voting Rights Act requires that any changes to the elections systems in selected cities, counties or states with a history of discrimination against minority voters — Lenoir County is on that list — must be approved by the Justice Department.

Stephen LaRoque has spearheaded a two-year campaign to make the change to non-partisan elections in an effort to give Republican and unaffiliated candidates a better shot at winning office in a majority-Democrat city, since they would no longer have a party label by their name.

LaRoque said after the Council meeting that the DOJ has a history of overturning election system changes made by governing bodies alone, but it is uncommon for the Department to overturn voter-approved changes.

He will now talk to associates outside Kinston who have said they are willing to fund a citizens’ appeal, although they must determine if the citizens have standing to challenge the decision in court, a process that could take years.

“These groups that I’ve been talking to are willing to appeal it all the way to the Supreme Court and they’re willing to do it pro bono,” LaRoque said.

About 10 people voiced their opinions on an appeal during the citizens’ comment portion of the meeting, many of them in favor.

“Your personal opinions on nonpartisan voting really don’t matter,” political activist Lee Raynor told the Council. “You are all negligent in your duty and possibly in violation of your sworn oath … now is the time to legally defend a decision that we made.”

Resident Klay Northrup told the Council that if they did not appeal, “I will fight tooth and nail to make sure you don’t get elected again.”

The DOJ determined that changing to nonpartisan would disenfranchise black residents. Since so few go to the polls (and the wider electorate often votes straight Democrat) removing party label would mean Democrats — who officials assumed would be better for the black population — could not get elected.

 “I think we’re a small enough town that we can meet you and find out what you’re all about,” resident Lorri Wooten Johnson said. “You guys have got to give us more credit than you’ve given us.”

Resident David Bell said he was “on the fence” about the DOJ decision.

“Although I agree with the Department of Justice, I’m not sure that protecting people who don’t vote is the way to go,” he said.

Resident Ervin Parker signed a petition circulated to get the matter on the ballot in 2008, but said Monday that she wanted her name taken off it after learning more about the motives behind the nonpartisan push.

“They’re not concerned about all the people,” she said of the supporters. “(LaRoque’s) just in it for his party.”

David Anderson can be reached at 252-559-1077 or danderson@freedomenc.com.