The American Civil Liberties Union (ACLU) on Thursday filed a lawsuit in Georgia, claiming that the state’s newly-drawn state House and Senate districts disadvantage Black voters.
The complaint notes that Georgia is one of the fastest growing states in the nation, with much of that growth driven by an increase in the Black population which has grown 16% over the last ten years. The complaint alleges that, despite this dramatic growth, the new legislative maps passed by the General Assembly disenfranchise the growing Black population. Black Georgians are often either packed together in some areas, while in others large, cohesive Black communities are dissected. Recalling Georgia’s history of racial discrimination, the complaint says “the State’s maps will prevent Black Georgians from exercising political power on an equal playing field with white Georgians.”
Six plaintiffs brought the suit against Georgia Secretary of State Brad Raffensperger. They include Alpha Phi Alpha Fraternity, the nation’s oldest Black fraternity, the African Methodist Church, one of the oldest Black churches, and four individual plaintiffs. All claim that the new legislative maps will harm their ability or the ability of their members to elect state representatives and senators of their choice. They allege that the state’s manipulation of the redistricting process is a violation of section 2 of the Voting Rights Act of 1965 (VRA). That section prohibits redistricting plans which would lead to members of a racial minority to “have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.”
This is the first redistricting in Georgia since the 2013 Supreme Court decision Shelby County v. Holder, which struck down the VRA’s preclearance regime. Prior to that decision, states with a history of discriminatory voting practices, including Georgia, had to preclear legislative maps with the Department of Justice to ensure fairness to minority voters. With no preclearance requirement, the plaintiffs allege that the redistricting process was marked by a lack of transparency and a rushed legislative session that passed the new maps in under two weeks. The plaintiffs are seeking a permanent injunction preventing elections under these maps, and an order that the state adopt maps that do not violate section 2 of the VRA.
The ACLU released a statement saying, “The people of Georgia deserve far better than these unfair, racially discriminatory electoral maps, and we won’t stop fighting until they are blocked.” Secretary of state Raffensperger asserted that “Georgia’s maps are fair and adhere to traditional principles of redistricting,” and called the lawsuit “politically motivated.”
