All of us here at dkos are fighting to protect and strengthen our democracy, especially with this year’s high-stakes national elections. But the fight for democracy is also going on at the state and local level, and I wanted to lift up an appalling story that I just learned about this week where democracy is being denied in a blatantly racist manner at the local level. It’s a clear example of how systemic racism is still alive and well in our country.
The small town of Newbern, AL (population 133-200, depending on which news source you use), located an hour south of Tuscaloosa, has a population that is more than 80% Black and has been a majority-Black town for more than 50 years. The town has not held local elections for mayor and town council since 1965 — the year the Voting Rights Act was passed (hmm, what a coincidence — NOT). Instead, as explained this week in an article by Madiba K. Dennie at Balls and Strikes, a blog focused on the judicial and legal system, the town “has been ruled by a small group of white people who handpick their mayoral and town council in a form of hand-me-down governance.” The last white mayor, Haywood “Woody” Stokes III, was handed the seat from his father.
In 2020, Black Newbern resident Patrick Braxton tried to change all of that. He filed the long-ignored paperwork to run for mayor — something that nobody had done in the town for as long as anyone can remember. As the only legally qualified candidate, he won by default, and appointed a town council of five Black residents. Per Law & Crime:
Braxton said in April 2020, he informed Stokes that he intended to seek election as mayor, but that Stokes intentionally provided him with incorrect information as to how to qualify for the election and failed to notify the public about the election. Despite any attempts to deter him, Braxton said he followed the law and properly qualified as a candidate. Braxton said that Stokes “did not bother to qualify as a candidate” himself, even though he knew Braxton was planning to challenge him.
Braxton alleges that after he won the election, county probate Judge Arthur Crawford told him that since no one had qualified or been elected to town council positions, Braxton could appoint council members. Braxton said he “asked both Black and White residents to serve, but no White residents agreed to join his council.”
As reported by ABC News, Braxton and his new town council were actually sworn in by a judge and held one meeting at the town hall. That’s when things went south, so to speak.
The existing town council responded by convening a secret meeting during which it decided to conduct the town’s first-ever special election. Telling no one about the new “election,” the previous mayor, Haywood “Woody” Stokes III, and his council effectively reappointed themselves to their jobs. Stokes and his cronies have since repeatedly changed the locks at town hall as part of a refusal to transfer power to the legitimate officials. They have also denied Braxton access to the town’s bank account, forcing him to run food distribution drives and otherwise carry out his mayoral duties using his own funds.
Braxton and a small group of other Newbern residents filed a lawsuit in 2022 in Alabama state court claiming violation of federal civil rights law, violation of equal protection, and unlawful racial discrimination. The case has been moved recently to federal court, the U.S. District Court for the Southern District of Alabama, which is known to be a conservative count. In their filing, Braxton and his fellow plaintiffs argue that the town’s failure to hold elections violates residents’ rights under the Voting Rights Act and the Constitution, and ask the court to order the town to hold an election by November 2024.
I appreciate how Madiba K. Dennie at Balls and Strikes puts this case in a broader context of what’s going on in our nation’s judicial system right now:
The case is striking for multiple reasons, including, most obviously, the absurdity of the purported government’s departure from fundamental democratic principles. It is also a stark reminder of the real-world impact of federal courts in a political and legal system dominated by reactionary conservatives. Liberals are asking judges for small victories, launching last-ditch efforts to access basic rights under the Constitution. Conservatives, in contrast, are aiming much higher: For them, courts are a testing ground for novel ways to curtail rights nationwide. In federal trial courts, conservatives are having their cake and eating it too, while liberals are begging for crumbs.
Yes, this situation is increasingly frustrating, but it highlights even more why we need to fight harder than ever this year to have Democrats control the White House and hopefully also the House and Senate, so we can continue to reverse this trend in the courts. In the meantime, let’s put more sunshine on this case so that the residents of Newbern can bring democracy back to their town.
Postscript:
I first learned about this story yesterday from YouTuber Jesse Dollemore and his Dollemore Daily show, so here’s his take on the Newbern story if you’re interested:
ABC News reporter Steve Osunsami provide good coverage of this story seven months ago:
Also, Black Kos Tuesday covered the Newbern story this week.