F-F School Board Votes To Appeal Judge’s Order For Cumulative Voting

The Ferguson-Florissant School Board believes the current Missouri-mandated electoral structure that has resulted in a board with four white and three African American members is lawful and superior to the cumulative voting system ordered by Judge Rodney Sippel. Thus the board members have voted to appeal the judge’s order

The board met last Friday evening to determine the district’s response to Judge Sippel’s order finding the current at-large electoral system, mandated by Missouri law, violates the Voting Rights Act.  Sippel ordered the district to implement cumulative voting for the April 2017 election whereby voters could cast as many votes as there are candidates, distributing the votes as they desire. They could even cast all their votes for one candidate.

President, Donna Paulette-Thurman, in a statement, said: “In the time since the lawsuit was filed, District voters have elected two additional African American board members.  We are confident the present process is lawful and provides an equal opportunity for all candidates.”

The District’s attorney will file the appeal with the United States Court of Appeals for the 8th Circuit this week.  Attorney, Cindy Ormsby expressed optimism that the judge’s order will be overturned. Her statement on the issue is as follows:

“The Court of Appeals will recognize that Plaintiffs failed to meet their burden of proof in the liability phase of this case.  Plaintiffs’ explanation that two of the three African Americans board members were elected due to “special circumstances” rather than their qualifications and hard work is, frankly, insulting.  In addition, the District believes that cumulative voting is inferior to the current electoral system.

Ormsby continued: “According to the judge’s demographic findings, African American representation is proportionate to the number of African American voters in the district.  In most cases, that sort of proportionality is a goal Plaintiffs seek through the remedy.  In this instance, it is a remedy without a problem.”

Both the ACLU and the NAACP supported cumulative voting and are plantiffs in the suit again the district.

Filing for board candidates began Dec. 13 for the April 4, 2017 election. Currently candidates run at-large, seeking votes throughout the district.

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