BALTIMORE, Md. - The preliminary injunction against the town of Federalsburg was denied.
African American voters have been trying for months to change the town of Federalsburg's voting system. They've claimed they have not been fairly represented because in the towns 200 years history there has never been an African-American on the town council.
Historically, the town has always had an at-large voting system where four councilmembers represented the entirety of the town and there would be bi-annual (staggered) elections for two seats on council.
Within the past months, the NAACP has wanted to change that voting system to a two-district system. Maps have been created that would represent a majority African-American district and majority white district. [Pictured above: green= predominantly African-American district, yellow- predominantly White District].
The NAACP filed a preliminary injunction and in May the judge ordered that the town finalize a correct map, population data, and plans.
The NAACP also found an issue with the bi-annual or staggered elections. If the town utilized the two-district voting system, only one member from each district would be elected. The other council members would remain in their seat and continue their term until the following election. This however would lead to a 3:1 ratio on council in Septembers election. (3 white and 1 African-American on council). So following May's preliminary injunction court hearing and because of the NAACP's concern, the town created a resolution to ensure that a four-candidate election and two-district voting system be in place for the September 2023 election. Therefore, giving the judge the authority to deny the preliminary injunction.
"The Town of Federalsburg, since even before this lawsuit was filed, has been making efforts to reform the election system. In denying the preliminary injunction, I think the judge recognized that those efforts are in fact working and should be compliant," says Federalsburg attorney Curt Booth.
While disappointed with todays decision, attorneys with the NAACP and ACLU of Maryland say that this change needed to happen.
"In terms of the broader effort in correcting this unlawful voting rights and unlawful election system that was in place for 200 years, that it is ending. That is a significant win for the plaintiffs in this case and a significant win for the black community," says ACLU Attorney Nick Steiner.
But they also say they'll be holding their breath. That is because for the new voting system to be implemented, the council has to pass the resolution and two council members would have to voluntarily step down to ensure the four candidate election.
If the resolution is not passed or if the incumbent council members do not step down, the NAACP says they will take the town back to court.
The towns intention is to pass this new resolution by June 12.