Last week’s Supreme Court ruling on the Voting Rights Act completely freed nine states from seeking federal approval before changing their voting rules. Many other counties and municipalities in other states were also affected — including Lenoir County.
Lenoir County is one of 40 counties in North Carolina who were given the ability to change voting laws without needing authorization from the Justice Department’s civil rights division or the D.C. federal court. The Supreme Court repealed Section 4 of the Voting Rights Act — created in 1965 — by a 5-4 vote, deeming it unconstitutional.
Nix vs. Holder — a lawsuit brought by Kinston businessman John Nix, former state representative Stephen LaRoque and others against U.S. Attorney General Eric Holder to help bring nonpartisan voting to Kinston — was crucial in overturning the VRA.
The Justice Department will still have a hand in overseeing laws, as Section 5 dictates pre-clearance prior to a change being made, although it is moot without Section 4.
Kinston Mayor B.J. Murphy said it was a step in the right direction for the city and the state in general. Murphy and several others had been pushing for Section 4 to be repealed for several years.
“When you send it to pre-clearance at the Justice Department, the Justice Department said ‘No, this negatively affects minorities,’ and we're going, ‘there's just no way,’ ’’ Murphy said.
While some felt minorities would deal with discrimination at the polls because of the Supreme Court ruling, Murphy said he hadn’t seen or heard of one voter being discriminated against.
“I was in support of repealing Section 4, only on the merits that the city of Kinston did not have to seek out one bureaucrat in D.C. to tell the voters they’re wrong,” Murphy said.
Instead, Murphy was trying to have the law changed for a city who was trying to have its own say in how elections were run.
“The voters of Kinston petitioned city council for nonpartisan elections, forcing the city to put it on the ballot in 2008,” Murphy said. “President Obama won in Kinston by historic margins and in the same voting booth, nonpartisan elections were voted on 2 to 1 by citizens. In essence, for the Justice Department to say minorities were disenfranchised in a community where almost two-thirds of the people are minorities and two-thirds voted for nonpartisan, their conclusion makes absolutely zero sense.”
On Murphy’s website, BJMurphy.org, he posted a blog last week explaining how Kinston will be able to have the nonpartisan elections voters sought for years ago.
“Based on the SCOTUS decision, it appears that Congress needs to change the formula, which would include the decision as to whether the city of Kinston requires pre-clearance in the future,” Murphy said. “Until Congress changes the formula, it appears that the voters of Kinston not only have nonpartisan elections, but also do not need to request permission by the federal government to make any voting changes.”
Murphy recognizes the magnitude of the Supreme Court’s decision, but believes the city — as well as others in North Carolina — should have the opportunity to make decisions without the federal government having to agree.
“There’s no question that this repeal is an emotional issue or that the Voting Rights Act does have a place in our society,” Murphy said. “The question for the city of Kinston is whether or not we should seek federal approval or changes that affect the minority population, when in fact we’re a minority-majority community.”
Junious Smith III can be reached at 252-559-1077 and Junious.Smith@Kinston.com. Follow him on Twitter at @JuniousSmithIII.