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USDOJ sues Georgia county over Voter Rights Act violations

(AP Photo/Jose Luis Magana, File) (Jose Luis Magana/AP)

HOUSTON COUNTY, Ga. — The U.S. Department of Justice announced it was suing a central Georgia county over how it elects at-large members of its county commission.

Houston County is now facing a lawsuit from the federal government, accusing it of having elections that limit the opportunities of Black citizens to participate in the process or elect candidates of their own choice.

The USDOJ said the activities regarding elections were violations of Section 2 of the Voting Rights Act.

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The lawsuit says “Since Reconstruction, only one Black candidate, Houston Porter, has been elected to the Houston County Board of Commissioners. After an unsuccessful campaign in 1978, Porter was elected to the Houston County Board of Commissioners in 1980. Porter defeated an incumbent in a primary runoff election by only 49 votes and was uncontested in the general election. Porter was reelected in 1984 and 1988 and declined to seek reelection in 1992.”

The Reconstruction period of American history was when the 13th, 14th, and 15th Amendments to the United States Constitution passed, ending slavery, defining citizenship, and guaranteeing all residents equal protection under the law. The period itself lasted from 1861 to 1900.

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“Black residents make up more than 31% of the county’s voting-age population. In recent years, Black-preferred candidates have run for the Board of Commissioners and have routinely lost, despite the county’s sizeable and growing Black population,” the Justice Department said in a statement.

As a result, the federal government has initiated a lawsuit by filing a complaint against the county in the U.S. District Court for the Middle District of Georgia, with the department saying changes to how the county’s commissioners are elected would create more opportunities for its Black voters.

“The Voting Rights Act guarantees that all eligible citizens have an equal opportunity to participate in the democratic process and to elect representatives of their choice, regardless of race or ethnicity,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement. “The Justice Department has a solemn duty to protect the right to vote by enforcing the Voting Rights Act and ensuring that all communities have a fair and equal chance to participate. We look forward to working with Houston County officials to bring the county into compliance with the Voting Rights Act.”

USDOJ said they were seeking a court order to have the county change its current election process for its commissioners.

The Houston County Board of Commissioners provided the following response to Channel 2 Action News:

“The United States Department of Justice (DOJ) notified Houston County on Dec. 19, 2024 in a two-page letter that it had been conducting a multi-year Voting Rights Act investigation. During that investigation, DOJ had not contacted anyone in county government. The DOJ letter required a response in less than two weeks over the Christmas holidays. We immediately began our own investigation and requested additional information from DOJ regarding what its investigation found. Houston County officials met with DOJ on Jan. 8, 2025, to obtain additional information from them and further discuss the allegations. DOJ then proceeded with filing its lawsuit on Jan. 16, 2025.

Houston County will always follow the law. At this time, Houston County is continuing to investigate the allegations made by DOJ and determine whether the evidence supports those allegations. We will also continue to speak with members of the community about DOJ’s claims. Importantly, the DOJ lawsuit does not contain any allegations of intentional racial discrimination in Houston County.

While DOJ felt the need to file its lawsuit prior to the change of administrations in Washington, we did not feel it would be prudent to respond in fewer than 30 days to a multi-year investigation, especially before we were able to obtain and review all of the relevant evidence.

Again, Houston County will always follow the law. If we determine if we agree with DOJ regarding a possible violation of the Voting Rights Act after reviewing all of the documents and evidence, we will take appropriate action at that time.”

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