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LUCAS v. TOWNSEND

No. 89-8556.

908 F.2d 851 (1990)

David LUCAS, Willie Davis, Jr., Connie Cater, Corlis McKenzie and Ronnie T. Miley, Plaintiffs-Appellants, v. Judy TOWNSEND, in her official capacity as President of the Board of Education, Bibb County Board of Education, Emory Greene in his official capacity as Chairman of the Bibb County Board of Commissioners, Bibb County Board of Commissioners, A.B. "TONY" Caldwell in his official capacity as Chairman of the Macon-Bibb County Board of Elections, Macon-Bibb County Board of Elections, Bernard Fletcher, in his official capacity as Supt., Macon-Bibb County Board of Elections, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 9, 1990.

Attorney(s) appearing for the Case

Neil Bradley and Kathleen Wilde, American Civil Liberties Union Foundation, Inc., Atlanta, Ga., for plaintiffs-appellants.

W. Warren Plowden, Jr., Craig N. Cowart, and Edward S. Sell, Jr., Jones, Cork & Miller, Macon, Ga., and Della Wager Wells, King & Spalding, Atlanta, Ga., for defendants-appellees.

Before HATCHETT, Circuit Judge, RONEY and FAIRCHILD, Senior Circuit Judges.

HATCHETT, Circuit Judge:

In this voting rights case, we reverse the district court and hold that the form in which a referendum question is presented to voters may constitute a standard, practice, or procedure within the meaning of section 2 of the Voting Rights Act.

FACTS

In 1987, the Board of Public Education and Orphanage for Bibb County ("the Board") began planning a referendum requesting the voters of Bibb County to approve the issuance of general...

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