MS. DEBORAH DICKS-MAXWELL
EXCLUSIVE
COMPLAINT FILED IN
NC NAACP PRESIDENT’S RACE
By Cash Michaels
Contributing writer
Last week, statewide media was ablaze with the exciting news that for the first time in it’s long history, the state Conference of NAACP Branches elected a female as it’s new North Carolina president - Ms. Deborah Dicks-Maxwell, currently president of the New Hanover County NAACP, with 54% percent of the vote in a three-way virtual race.
But what was not reported by anyone was that the election was formally challenged, with the final, official outcome in the hands of the national NAACP office in Baltimore, Maryland.
Until a final determination is made, two-term incumbent Rev. Dr. T. Anthony Spearman, who came in second with 34% of the vote , remains the state NAACP president, sources pointing to the civil rights organization’s bylaws and constitution say.
Neither Ms. Dicks-Maxwell nor Rev. Spearman offered comment for this report, and neither are publicly accused of doing anything wrong, but sources sent a copy of the Oct. 27th complaint to this reporter to verify this story.
“We are in communication with the national [office], and we are awaiting their response, and until that, we can say very little, “ a source who wanted to remain unnamed said. “We will know once we’ve gotten confirmation that they’ve received everything.”
The election, conducted on Saturday, Oct. 23rd, is the subject of what is known as an “Article IX Complaint to the National Office…” which states, in part, that “the undersigned members and branches, pursuant to Article IX of the by-Laws for units of the NAACP,” Elections of Officer and Executive Committee and Delegates for the State Conference Elections’ currently boosted on the NAACP national website are more than 25 eligible voting NAACP members from five (5) or more units (branches) in North Carolina who were kept from voting by mis-directions or no directions about the aborted and corrupt elections conducted on October 23, 2021.”
The complaint goes on to allege that because “deadlines and procedures…were not followed by the National NAACP Administrator and those working in concert with her, dozens of loyal NAACP members. were disenfranchised in this totally digitalized process (the complaint does not name that person). Because there were no accommodations made for our elderly members who were disenfranchised by the digital divide, generational divide, disability divide, and literacy divide, many members who have voted in every NAACP, state, county, and federal election since the 1965 Voting Rights Act were treated unfairly.”
The NCNAACP complaint continued, “ Because there were two separate elections, with arbitrary notices to two voting blocs known to the National NAACP Administrator and those working in concert with her, the final vote for major contested offices could have easily gone either way. Despite the express rules in Article IX with deadlines for notice well in advance, the National NAACP Administrator and those working in concert with her were still working on who was eligible to vote. Election “I” began on or about 11 a.m digitally for those who had access to a phone or computer. This election was aborted on or about two hours later, all the ballots cast in it were trashed. A few favored candidates of the National NAACP Administrator and those working in concert with her had access to a list of 260-300 eligible voters. One candidate, the State Secretary, had access to it and emailed them at 6:45 a.m. after accessing it at midnight.
The NCNAACP complaint continued, “ Election “II” began on or about 1:01 pm, after many people had voted in Election I and left for Saturday afternoon of work, family, and fun. On information and belief, many believed their NAACP duty was completed for the day, and they probably still don’t know their ballots were trashed. A brand new election, some were told, would start soon.”
“ Election II’s “Corrected Ballot” dated October 23, 2021 at 1:00 pm –October 23, 2021 at 5:00pm was printed and posted. There was no mention of the 2-hour Election I. There is no official record of the aborted election by the National NAACP Administrator and those working in concert with her of this mysterious aborted election.”
The NCNAACP elections complaint then states that “the uncontested elections are difficult to investigate.”
“Huge gaps existed between the list of up to 300 eligible voters on a carefully- guarded list accessible to a favored few. The 99, 107, 118, and 85 winning margins may have been wide enough to the digitalized algorithms in Buddy the National office rented, but these margins hardly took into account the two critical questions: What about the aborted election? And what about the non-voting roughly 155 NAACP eligible delegates who traditionally never miss a single vote? It is not difficult to add the number of eligible non-voters who were disenfranchised, to the non-winners votes and easily conclude one or both of the elections could easily have gone the other way.”
The complaint goes on to allege, “The two election processes unfairly tilted the scales.”
Apparently quoting the national NAACP by-laws, the complaint states that the National [NAACP] office “will institute an investigation into the matter…” and within thirty (30) days, or as soon thereafter as possible, dismiss the complaint and inform all parties forthwith that the installation of officers might be held….[or if the charges appear to have merit] and the election might have been otherwise had the alleged violations not occurred, then the matter will be referred to the Chairperson of the Committee on Membership and units of the Board of Directors, who will designate a Hearing Panel.
The complaint then makes the interesting allegation that the Chairperson of the Committee on Membership and Units ‘is subject of this and other complaints,” thus making the situation “obviously unfair.”
The NCNAACP election complaint closes with quoting the bylaws that “Pending resolution of the dispute, the officers whose terms were to have expired with the new election, will continue to function,” adding, “Recent attempts to short-circuit this Bylaw must be stopped.”
This is not the first time that there has been controversy regarding the election of the top officers of the NC NAACP.
2019 saw Dr. Spearman opposed for reelection to a second two-year term by then NAACP member Rev. Gatewood after Gatewood was accused of sexual harassment and his membership was successfully challenged.
-30-
LAWSUIT FILED AGAINST GOP’S
HOUSE AND SENATE VOTING MAPS
By Cash Michaels
Contributing writer
Once again, new voting maps governing North Carolina House and Senate elections for the next decade are being challenged in state court because they fail to consider race.
The Southern Coalition for Social Justice (SCSI), a nonprofit, nonpartisan progressive legal group known for successfully filing suit against Republican redistricting efforts they deemed were unconstitutional, filed the lawsuit Oct. 29th in Wake County alleging that the new maps, in not considering race, “…could have devastating impacts on the representations of Black North Carolinians in violation of established state and federal law.”
Every ten years, state lawmakers are required by law to redraw North Carolina’s legislative and congressional voting districts to reflect the population growth from the previous decade. The districts have to comply with federal “one-man-one vote” requirements, but race cannot be the primary factor in creating them.
Plaintiffs in the case are the NC NAACP, Common Cause, and various individual voters.
SCSI filed suit approximately one hour after Republican state Sen. Ralph Hise filed the final drafted maps in the legislature.
After the suit was filed, Sen. Hise complained, “SCSI sued us previously because we used race, and now they’re suing us because we didn’t use race. The only constant here is finding any excuse to sue to gain partisan advantage, no matter how contradictory, and they’re doing it before the maps have even been considered by a legislative committee.”
The lawsuit contends that the Republican-led state Legislature refused to include racial data in it’s redistricting criteria just so the it could implement a so-called “race-neutral” process. Doing so violated the federal Voting Rights Act (VRA) of 1965, as well as the North Carolina Constitution, as well as a 2003 NC Supreme Court decision.
According to a release from the Southern Coalition, “The complaint also claims that the Legislature’s failure to properly consider racial data led to a proposed N.C. Senate map risking harm to Black representation in violation of the Equal Protection Clause of the state constitution. For example, one proposed Senate map would reduce Black representation in northeastern North Carolina from three senators to one. In addition, the Senate map could pair incumbent lawmakers who are the representatives of choice of Black voters in Mecklenburg and Guilford Counties, forcing out at least one additional Black elected official.”
The lawsuit also alleges “state lawmakers unnecessarily delayed the redistricting process, leaving Black communities with limited time to select, and ultimately elect, candidates of their choosing, in violation of their constitutional right to assembly. With state maps potentially enacted only a day before the start of the one-year residency requirement period for candidates in the November 2022 election, without legal recourse, voters would be deprived of the opportunity to work collectively to ensure that chosen candidates can run in new districts, with the imminent December 6-17, 2021 filing period only exacerbating an already compressed timeline.
“Once again, state redistricting leaders have failed North Carolinians by redrawing voting districts for political gain and depriving voters of color of their constitutional rights to fair political representation,” said Allison Riggs, Co-Executive Director and Chief Counsel for Voting Rights with the Southern Coalition for Social Justice. “State law requires that lawmakers first draw districts that comply with the VRA, and they simply can’t do that without considering race.”
The lawsuit seeks a preliminary injunction dealing candidate filing for the 2022 March primary, and the primary itself, to allow new voting maps to be created and the public to review them.
The suit also seeks declarative relief acknowledging that the 2021 redistricting process for drawing legislative maps violated well-established law.
During public hearings on various maps proposed by Republican lawmakers, speakers criticized them for unduly splitting communities in order to maximize Republican electoral chances.
Gov. Roy Cooper said, “The maps I’ve seen don’t look fair.”
-30-
STATE NEWS BRIEFS FOR 11-04-21
SAFFO WINS RE-ELECTION
[WILMINGTON] In unofficial results from Tuesday night’s Wilmington City Council elections, longtime Mayor Bill Saffo defeated one-time Mayor Harper Peterson, garnering over 63 % of the vote to Peterson’s 35% in the non-partisan race. On the council, newcomer Luke Waddell led all with over 9,800 votes, while incumbents Charlie Rivenbark and Clifford Barnett were reelected. Results are not official until canvassed by county election officials.
STATE HOUSE DEMOCRATS WALK OUT ON NEW GOP REPRESENTATIVE
[RALEIGH] if NC Rep. Donnie Loftis [R-Gaston] was expecting a hearty “welcome aboard” from his Democratic colleagues in the state House Monday night, he was sadly mistaken. House Democrats got up out of their seats and headed for the chamber doors as Loftis was about to be sworn-in. They were protesting the fact that Loftis participated in the Jan. 6th U.S. Capitol siege . Loftis, a former Gaton County commissioner and U.S. Army veteran was selected by the Gaston County Republican Party to replace Rep. Dana Bumgardner, who died in October.
LT. GOV. ROBINSON “95%” SURE HE’S RUNNING FOR GOVERNOR
[RALEIGH] Calling it a “logical step,” lt. Gov. Mark Robinson assured listeners during a radio program that he’s “95%” sure that he’ll be running for governor in 2024. “Our current governor (Roy Cooper) is on his second term. He’s on his way out. Thank, God.” Robinson said, adding that he wants to help North Carolina “rise under conservative principles. Robinson got into hot water recently hn he was caught on video at a church saying that he was against transgenderism and homosexuality, calling them “filth.”
No comments:
Post a Comment