Former councilwoman wants Marion to nix at-large voting

Former councilwoman wants Marion to nix at-large voting

Holliman says current system ‘ doesn’t make sense’

news@theeveningtimes.com

A former Marion city councilwoman wants the city to consider doing away with at-large voting.

Sherry Holliman, who was the only African-American and woman on the city council and was defeated in her re-election bid by Don Hanks, said at-large voting discriminates against minorities and allows voters in other parts of the city to decide who represents a district they don’t live in.

“I would like to know your thoughts and if you would consider changing the ordinance,” Holliman told the city council. “What’s the reason we vote at-large?”

Under at-large voting, voters cast their ballots for all candidates.

Holliman said the city is currently using both systems. Candidates run for a specific position based on geographical political boundaries and are supposed to represent that area, but are elected by the entire electorate.

She pointed out that all other neighboring cities — West Memphis, Sunset, Earle, Hughes, Forest City, Marked Tree, Lepanto and Memphis — all have voting by ward. “Right now, Marion and Turrell are the only ones voting at-large,” Holliman said.

Holliman said it is unfair for residents who live in Ward 1 and 2 to be able to decide who represents Ward 3.

“Why should they have anything to say about who runs Ward 3?” Holliman asked. “That doesn’t make sense.”

Holliman said it could be seen as a form of discrimination.

According to the NAACP Legal Defense and Education Fund, at-large methods of voting are often discriminatory because they prevent voters of color from electing candidates of their choice where they are not the majority in the ward or district.

Since the passage of the Voting Rights Act in 1965, numerous at-large systems have been struck down under Section 2, which prohibits every state and local government from imposing any law that results in discrimination against racial minorities.

“Look at the council now,” Holliman said. “There is no representation or diversity of a woman or a person of color. It’s all white males.

Nobody sees a problem with that?”

Mayor Frank Fogleman said he likes the at-large system because every council member represents the whole city, not just the narrow interests of their ward.

“I personally like it because it makes each councilman responsive to everybody in town as opposed to just those wards,” Fogleman said. “In theory, I could ignore two-thirds if I’m from one ward and they couldn’t vote against me.”

Holliman responded that having at-large voting allows councilmen in the other wards to possibly exert influence on the outcome.

“For me, voting by ward would eliminate me being discriminated against if somebody decides to use their influence in another ward,” Holliman said.

“Living in Ward 3, someone from Ward 1 and Ward 2 could be influenced by someone from Ward 1 and Ward 2 calling your friends to use your influence to vote for me by at-large voting. But if you vote by ward, you couldn’t do that.”

Holliman pointed to her own election defeat as an example.

She outpolled Don Hanks 1,193 to 1,071 in the election, but because no candidate garnered more than 50 percent, the election went to a run-off. Craig Brown finished third with 557 votes.

In the run off, Hanks polled 97 votes to Holliman’s 48 and 53 to 25 in Ward 1 and Ward 2 voting.

“I’m not saying anybody is discriminatory or anything,” Holliman said. “But the run off was the opportunity for people to use the run off to ask people to vote for Don. That’s how I see it.”

Fogleman countered that at-large voting gives every voter in town a say in who governs the city.

“If I live in Ward 1 and I don’t think council representation in Ward 3 is good, I don’t get a chance to vote against them if we vote by ward only,” Fogleman said. “If I want to vote against somebody for a different person, I should be able to vote for them citywide, not just for two spots where I live.”

Holliman disagreed.

“But why are they saying yes on all six positions when they don’t live in that ward?” Holliman asked.

“Ward 3 should be voted on by people in Ward 3. Ward 1 and Ward 2 should be the same way.”

Councilman Cliff Wood said the city has looked at possibly switching to ward only voting, but agreed with Fogleman that it is better to let the entire city vote for who represents the city on the council.

“We have considered it one or two times over the years,” Wood said.” I like it citywide because that way we are tied to the whole city and not just our neighbors. It also gets us to where we are not just doing things in our neighborhood.”

Holliman said the city has the legal authority to decide which voting system they want to use.

“I called an attorney and they said the council could approve it or not,” Holliman

said.

City Attorney James “Jimbo” Hale said he sees both sides to the argument, but has not read the statutes that apply.

“This is not an easy question,”

Hale said. “There are

statutes that apply. I see merits to both sides. I see what you are saying.”

Holliman asked the council to consider the matter and get back to her by next month’s council meeting.

“It’s not going to affect this year’s election,” Holliman

said. “But I would like

an answer.”

Councilman David Bigger said he would be willing to consider changing the way the city votes, but will need more information to make a decision.

“It is hard for me to give an answer when it was just brought to me,” Bigger said. “If you want me to think about it, I will consider the topic and maybe look further in to it. It’s only fair that we consider it.”

Fogleman said he would have Hale do the necessary legal research and put it on the October meeting agenda.

“I think there is agreement by everybody to consider it,” Fogleman. “Jimbo the load is on you. You’re going to have to answer the legal what-ifs.”

“I can do that,” Hale said.

“I will bring the statutes.”

By Mark Randall