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MADISON - ST. CLAIR RECORD

Thursday, March 28, 2024

Dugan denies motion to dismiss map challenge lawsuit; Finds plaintiffs sufficiently allege Voting Rights Act violations

Federal Court
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Dugan

EAST ST. LOUIS – Three citizens sufficiently alleged that a map of St. Clair County board districts violates the U.S. Constitution and the Voting Rights Act, U.S. District Judge David Dugan ruled on Jan. 1. 

Dugan granted standing to Terrilynn Gossett, Marvin Strode, and Jason Madlock, who claim the board purposely reduced black membership from six to four. 

“Plaintiffs here allege that defendants capriciously apportioned the county to protect the white Democrat incumbents as was their goal,” Dugan wrote.  

“These allegations, coupled with the others contained in the complaint provide, however thinly, adequate notice of the nature of the claim sufficient for the formulation of a response. 

“Nothing more is required at this stage of the proceedings.” 

Gossett, Strode and Madlock allege that four black incumbents would have to compete for two seats in the primary election.  

They claim Willie Dancy and Roy Mosley would run against each other, and Curtis McCall Jr. and Marty Crawford would run against each other. 

“No districts populated predominately by whites suffer a similar change according to plaintiffs,” Dugan wrote.  

He quoted Seventh Circuit precedent that a problem arises under the Voting Rights Act when a person is moved from one district to another to minimize the value of his vote and give an advantage to someone else. 

He quoted Supreme Court precedent that under the Constitution’s equal protection clause plaintiffs must show race was the predominant factor in placing voters within or without a particular district. 

He retained supplemental jurisdiction over 48 other plaintiffs from every district alleging violations of state law. 

Among other points they challenge the elimination of the 29th district. 

The county asserted that board members complied with state laws and their own procedures, but Dugan found he needed to know more. 

“It would be inappropriate for this court at the pleading stage to undertake resolution of disputed facts and issues when such matters are to be left to consideration following trial or, if undisputed, resolved on motions for summary judgment,” Dugan wrote. 

Paul Evans of O’Fallon represents plaintiffs. 

Garrett Hoerner of Belleville represents the county.

While the St. Clair County challenge remains active at federal court in East St. Louis, a panel of federal judges in Chicago resolved a bunch of racial redistricting claims on Dec. 30. 

They rejected a claim of East St. Louis NAACP that Illinois House District 114 violated the Constitution and the Voting Rights Act. 

NAACP alleged that legislators should have preserved a black majority in the district, which black Representative LaToya Greenwood represents. 

Legislators moved blacks from District 114 to District 113, which white Jay Hoffman represents, and to District 112, which white Katie Stuart represents. 

To replace the blacks that left District 114, legislators ran its boundaries out to mostly white communities. 

At a hearing on Dec. 8, legislative staffer Jonathon Maxson told the judges the primary goal for the three districts was to shore up Democratic seats. 

He said Hoffman wanted to maintain Belleville and another goal was keeping the Edwardsville base together in District 112. 

The judges found no evidence that race dominated the reconfiguration. 

They found overwhelming evidence that District 114 was drawn to protect Democrats from Republican challenges in all three districts.

They found Stuart’s district particularly vulnerable. 

They found NAACP didn’t show that District 114’s configuration denied black voters the opportunity to elect their candidate of choice. 

They found no evidence that black preferred candidates would likely be defeated now or within the next decade.

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