# Appendix — Harris v. City of Birmingham

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385017_1060%3A3

## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1992
- **Citation:** 505 U.S. 1201

## Text

See cmemene
Yapreme Court, U.S.
FILED
JAN 16 1992
“sa Cnet BbERK
No. 91-962
IN THE

Suprene Court Of Che United States

OCTOBER TERM, 1991

CYNTHIA HARRIS,
Appellant,

Vv.

THE CITY OF BIRMINGHAM, ET AL.,
Appellees.

ON APPEAL FROM THE UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT OF ALABAMA

APPENDIX TO
MOTION OF APPELLEE CITY OF BIRMINGHAM
TO AFFIRM OR DISMISS

James K. Baker

Counsel of Record

Attorney for the City of Birmingham
800 AmSouth-Sonat Tower
Birmingham, Alabma 35203

(205) 251-1000

A-l

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA

)
GREENE COUNTY RACING ) CASE NO.
COMMISSION, ET AL. ) 91-CV-1930

)

)
VS. ) BIRMINGHAM

) ALABAMA

)

)
CITY OF BIRMINGHAM, ) AUGUST 22, 1991
ET AL. ) 9:00 A.M.
DEFENDANT )

)

TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING
BEFORE A THREE-JUDGE PANEL:
THE HONORABLE JOEL F. DUBINA
11TH CIRCUIT COURT OF APPEALS
THE HONORABLE ROBERT B. PROPST
UNITED STATES DISTRICT JUDGE
THE HONORABLE EDWIN L. NELSON
UNITED STATES DISTRICT JUDGE

* * *

The Clerk: Would you state your name, please?

The Witness: Cynthia Harris.

The Clerk: Would you spell your last name, please?
The Witness: H-A-R-R-LS.

The Clerk: And in what city and state do you reside?
The Witness: Birmingham, Alabama.

The Clerk: Thank you.

A-2

DIRECT EXAMINATION
By Ms. Sanders:
Q Good afternoon, Ms. Harris. Let the record show that Ms.
Harris is an African-American, is that correct?
A That’s correct.
Q Or Black, whatever your choice. And I think you testified
that you do live in Birmingham?
Yes.
How long have you lived here?
All my life.
Are you a registered voter?
Yes, I am.
Ms. Sanders: That’s all, your honor.
Judge Dubina: Cross examination.

>O FOF

CROSS EXAMINATION
By Mr. Gray:
Q Ms. Harris, my name is Fred Gray. How did you become
involved in this lawsuit?

Ms. Sanders: Your honor, we object, that is totally irrel-
evant.

Mr. Gray: Your honor, this is —

Judge Dubina: Well, it might be. I'll let her answer
that. Overruled.

The Witness: I was talking to a girlfriend of mine and
we got to discussing about the dog racing bill, and she just —
she was telling me she had started —

Ms. Sanders: We object, your honor, to what somebody
said to her.

Judge Dubina: I sustain that. Don’t tell us what some-
body told you.

The Witness: Okay.

By Mr. Gray:

Q When did this conversation take place?
A About a couple of days ago.

Q Where did it occur?

A In my residence.

A-3

And where do you live?
100 Pratt Highway. 100 Pratt Highway.
100 Pratt Highway?
Uh-huh, apartment 1402.
And what’s your employment?
I’m unemployed right now.
When did you become a registered voter?
At age eighteen.
Judge Dubina: I’m sorry, I couldn’t hear that. What
did you say?
The Witness: At age eighteen.
Judge Dubina: Age eighteen?
The Witness: Uh-huh.
Judge Dubina: Thank you.
By Mr. Gray:
And did you vote in the last municipal election?
Sure did.
Have you always lived in Birmingham?
Not always.
Have you kept up with the controversy about the dog rac-
ing issue?
A Yes.
Q What side of the issue are you on?
Ms. Sanders: Your honor, we object, that’s —
Judge Dubina: Sustained. I sustain that.
By Mr. Gray:
Q Let me ask you this, in what way does the election on
Tuesday adversely affect you?
A Well, basically I wouldn’t be able to go vote Tuesday no
way

FOPO POH O

OF OF0O

Q Why?

A My kids, I have to get them registered in school.

Q Are you adversely affected any other way other than that?
A Yes.

Q How?

A Okay. For instance, say the way they've got their dog racing
bill going, all it has is vote yes for dog racing, you know, it’s

A-4

not telling you anything about it. It’s just a whole lot of things
that I would like to know about the dog racing bill that I don’t
know, and I’m quite sure a lot of other people would, too.

Q_ Did you participate in the horse racing election?

A Yes, I did.

Q And were you able to get all the information that you
needed in order for you to vote intelligently on that issue?

A Not all of the information, but I got more than what I'm
getting now.

Q Have you been listening to the commercials on television?
A Yes.

Q_ Reading the newspapers?

A Yeah, on and off.

Q You know how to contact the people on each side in order
to get information, don’t you?

A Not really.

Q Have you attempted to get any additional information?

Ms. Sanders: Your honor, this is irrelevant as to what
she attempted.

Judge Dubina: Sustained.

Ms. Sanders: She has no obligation to —

Judge Dubina: Sustained.

By Mr. Gray:

Q Other than what you have testified to, what other way have
you personally been adversely affected by the referendum
that’s to take place on Tuesday?

Mr. Williams: Your honor, I would object, I don’t —

Judge Dubina: Overruled. She can tell us how she’s
personally been affected, if at all.

The Witness: Well, I would like to vote, but like I say,
it’s at a bad time for me, and a lot of other people, too. Okay.
Tuesday is going to be hectic. As a matter of fact, this month
here anyway, by the kids going back to school.

By Mr. Gray:
Q_ So you're saying only because it’s during the school period
of time is why you’re adversely affected?

A-5

A Not only that. Like I say, I need more information on
what's going on.
Q And that information is coming through the media, isn’t
it?
A_ No, not really.
Ms. Sanders: We object to that, your honor.
Judge Dubina: I sustain.
By Mr. Gray:
Q_ Have you sought to get that information before you —

Ms. Sanders: We object, your honor.

Judge Dubina: Let him finish his question first. Please
repeat your question.

By Mr. Gray:
Q Have you sought to get any additional information that
you may need on this issue before you became upon it [sic] in
this lawsuit?

Judge Dubina: Overruled. I'll let her answer that, if she
can.

The Witness: Yes.

By Mr. Gray:

Q Were you able to get it?

A No.

Q Where did you go to get additional information?

Ms. Sanders: Your honor, we think all these questions
about additional information has nothing to do with this wit-
ness’ standing to raise these issues.

Judge Dubina: Well, it goes to whether or not she’s
personally affected, or it could go to it. Overrule the objec-
tion.

The Witness: Okay. The only information I can get is
we've got a dog racing bill going on. I want to know what the
bill is all about, I want to know how is it being drawn up. |
can’t get that information, nobody has given it to me, I’ve
asked for it but I haven’t received any.

By Mr. Gray:
Q Have you followed the newspaper accounts when the bill
was pending in the legislature?

A6

A No.
Q Did you read the Birmingham News this past week?

Ms. Sanders: Your honor, I would like to renew this
objection to this line of questioning for this reason, the law
requires us to show the potential for discrimination against
Blacks, not this one particular person.

Judge Propst: Are you all claiming that the date of the
election impacts in any way on her being able to get informa-
tion about how to vote?

Ms. Sanders: No, your honor. We submit that the fact
that they hurriedly set this election without preclearance af-
fected the population’s ability to learn more about this bill.
Right now you have two sides giving their narrow —

Judge Propst: Well, is that your position?

Ms. Sanders: What is that, your honor?

Judge Propst: That the date of the election impacts on
her ability to learn something about it.

Ms. Sanders: No, that’s her layman’s understanding of
her claim. I think the court will take judicial notice that law-
yers will have a different understanding of what their claim is.

Judge Propst: Well, my point is, the relevance of his
question may depend upon whether you do or do not take
that position, is what I was suggesting.

Ms. Sanders: That has not been our official position,
your honor, but as she talks it may very well have some effect.

Judge Dubina: That’s why I’m going to overrule your
objection, because it may be relevant.

By Mr. Gray:
Q Go ahead.
A What was your question?

Judge Dubina: I think the last question was, did you
read the Birmingham News last week?

The Witness: Okay. No, I did not.

By Mr. Gray:

Q Asa matter of fact — well, if you didn’t read it, you didn’t
know that there was a front page story, three articles on the
front page discussing the bill?

A
Q

A-7

No, I didn’t.
Had you checked the newspapers even before then to de-

termine any information on it?

A

I have really — I’ve checked the newspaper on and off, I

don’t constantly go through the paper every day, no.

Q

Now, you mentioned about getting — that it was inconve-

nient because you have to get your children ready for school.
How many children to you have?

A

OF OPKPOD PL KO PO FO FO FOP OFrOFPOPO

I have three kids.

What ages?

Fourteen, ten and five.

And what schools do they attend?

Holy Family and Jackson-Olin.

Holy Family?

Yes.

And what?

Jackson-Olin.

Now, when will school open at Holy Family?
School will open at Holy Family Tuesday.
Tuesday?

Yes.

At what time?

I guess it’s about 7:30, 8:00 o’clock.

And your other child?

My other child?

Yes.

She will start to school Monday I think.
She will start Monday?

Uh-huh.

At what school?

Jackson-Olin.

And the other one?

I’ve got two at Holy Family.

All right. So then, the one on Monday will already be in

school, so that will not adversely affect you as far as Tuesday is
concerned, is that correct?

A

Yes.

AS

Q And on Tuesday at Holy Family, you said they're in school
at 7:30?
A Uh-huh.
Q Do you know what time the polls open?
A_ 7:00 o'clock.
Q So, then, you would have the rest of the day, and since
you’re unemployed, you would still be available to vote if you
wanted, wouldn't you?
A No, I wouldn’t have the rest of the day.
Q But your children would be in school at that time,
wouldn’t they?
A Yes, they would.
Q So, then, their being in school would not stop you from
going to vote if you wanted to, would it?
A_ I want to but I won’t have time to, I have other things
scheduled, my calendar is already preplanned and I have
other things scheduled, I don’t have time for that, I'm trying
to get myself in order. Okay? All I want to know is about the
bill.
Q Isee.
A Okay.
Q_ Did you notice in the newspapers back in April, or March
25th, April Ist, 8th and 15th, 1991 — Let me just show you
this. I show you, Ms. Harris, that [sic] purports to be the news-
paper notice showing that a dog racing bill would be intro-
duced in the legislature, did you see that in the newspaper on
either one of those four occasions?
A No, I didn’t.

Judge Nelson: I'm sorry, | can’t hear you, Please,
ma’am.

The Witness: I said no.
By Mr. Gray:
Q Would it be fair to say that your real interest in this bill is
something of relatively recent origin?
A No.
Q But whatever your other business activities, you value them
more important than going to vote on Tuesday?

A-9

A I think they are more important than going to vote on
Tuesday.

Mr. Gray: Thank you very much.

The Witness: Okay.

Judge Dubina: Questions by any other defense coun-
sel? Any other questions by plaintiff's counsel?

Ms. Sanders: Yes.

REDIRECT EXAMINATION
By Ms. Sanders:
Q Ms. Harris, do you know when the mayoral election is set
for?

A In October.
Q In October.
A Uh-huh.

Q Since you've been a voter can you recall how many times
the elections have been set that close together?
A No, not right offhand.
Q What effect if any will the mayoral election being set close
to this election have on your voting patterns?
A Well, first of all, I wouldn’t vote, it’s too close together,
number one. Okay. How can I put it? Nine times out of ten
most people are not going to go vote just for the dog racing,
they'll go vote for the people, you know. There’s nobody in
that one.
Q Now, the times that you've read the newspaper articles
dealing with the track, do you recall any article that informed
you that they had changed the voting laws, changed the voting
procedures for voting on this act compared to past acts, was
that ever told to you?
A No.

Mr. May: Objection, your honor, that calls for a legal
conclusion.

Judge Dubina: Sustained. Stricken from the record.
By Ms. Sanders:
Q Well, is there any — have you ever been told or shown, or
anything to show that whatever is in the Birmingham News is
correct?

A-10

A No.
© Has anyone ever told you or gave you reason to believe
that everything that is on the radio is correct?
A_ No.
Q Has anyone given you any document or anything purport-
ing, outside of your attorneys, any document or any papers to
show actually what that bill is about other than what you may
have heard on television or the radio?
A No.

Mr. May: Your honor, I object.

Judge Dubina: Overruled.
By Ms. Sanders:
Q Do you know whether or not the people at the Birming-
ham News support the dog track?
A Neo.

Mr. May: Objection.

Judge Dubina: Sustained. She couldn’t possibly know
what someone else at the Birmingham News thinks about the
dog track. The editors may have taken a position in an edito-
rial page that she could have read, but that’s not ‘se question
you asked her. So I sustain the question.

By Ms. Sanders:

Q To rephrase the question, have you ever read an editorial
of any writers in the Birmingham News or any other paper
that showed their position on this bill?

A No.

Ms. Sanders: I think that’s all.

Judge Dubina: Anything else?

Mr. Gray: Yes, sir.

RECROSS EXAMINATION
By Mr. Gray:
Q What other election is being taken care of on Tuesday?
A What other election?
Q Yes, other than dog racing.
A_ It’s been quite a few others but I just can’t recall.
Q Can you tell this court any other election that the people
are going to vote on on Tuesday other than dog racing?

A-11

Ms. Sanders: Your honor, we would object on irrel
evant, the other election has nothing to do with whether or
not this —

Judge Dubina: Well, it might go to how she’s person-
ally affected. Overruled.

The Witness: No.

By Mr. Gray:

Q You don’t know of any others?

A I can’t think of it.

Q Now — just one moment. Maybe I misunderstood you, Ms.
Harris, I thought when I was examining you you indicated that
you did not or had not read any articles in the newspapers
about the dogs. Did I misunderstand you?

A You misunderstood me.

Q Okay. So you did — what articles did you read in the paper
about them?

A_ I read that they were trying to pass a bill on dog racing.
I’m not against dog racing, I just want to know about dog
racing, period, like the two percent that the state is going to
get. Okay? I want to know the details.

Q The details of the bill?

A Of the bill, yeah.

Q But you haven’t opted to read it?

A_ I have read it, like I say, from my attorneys, I’ve read what
they’ve given me as far as that’s concerned.

Q Now, Ms. Harris, will you tell this court, as a result of you
being the plaintiff in this lawsuit, and based on the way you say
you have been and will be affected by the referendum, what
are you asking this court to do for you?

A For me?

Q Yes.

A There’s about two things in there that I feel that it’s going
to affect me and a lot of other people, is that two percent deal,
as far as the two percent or whatever the state is going to get,
Birmingham is going to get, okay, the clause in there, I think
they should get more than two percent.

Q And what else?

A-12

A Okay. And then the clause where it says that he’s going to
be the only owner.

Mr. McGregor?

Yes.

Okay.

I think it should be for the people.

What else?

(No response)

Q So, if this court were to enter an order in effect saying that
Mr. McGregor should not be the sole owner, and if an order
were entered saying that the state should get more than two
percent, you would be satisfied, is that correct?

Ms. Sanders: We would object to this because — I
know your honor is giving a lot of latitude to go into certain
questions, but this lady is not a lawyer, that she generally ob-
jects. It’s clear, the issue before this court today is purely about
the voting rights matter, it does not deal with all the other
things that does meet her concerns in this litigation.

Judge Dubina: She’s not a lawyer, but as a party plain-
tiff she does have a prayer for relief in her complaint, and I
think defense counsel is entitled to ask her what she wants this
court to do for her in the event she prevails, so I’m going to
overrule it. I think she can answer that question.

By Mr. Gray:

Q You may please answer.

A Like I said, change their rules, change at least those two
main rules anyway.

Q And that’s really all you’re asking this court to do, isn’t it?

Mr. Williams: Your honor, I would object.

Judge Dubina: Overruled.

Ms. Sanders: Your honor, she’s already testified that
the voting date is a problem with her, I think —

Judge Dubina: Well, it may be something else that she
wants the court to do, I don’t know.

By Mr. Gray:

Q Well, just tell the court, you have three judges here, tell
this court — you’ve told us two things you want them to do.
Now, is there anything else you want this court to do?

OFO FL

A-13
A Give —

Mr. Williams: Well, you honor —

Judge Propst: Let her answer it, let’: don’t have any
coaching or whatever.

Mr. Williams: All right.

The Witness: Give the people enough time to find out
what’s really going on as far as this dog track is concerned,
that’s all I’m really asking basically, okay, and those other two
things there, because right now don’t nobody know nothing,
all they know is what people tell you, vote on the dog racing.
Like I say —

Mr. Gray: Thank you very much, Ms. Harris. I appreci-
ate it.

The Witness: Okay.

Ms. Sanders: That’s all.

Judge Dubina: Anything else? You may step down.
Thank you, ma’am. Call your next witness for the plainuff.

Mr. Baker: If your honors please, I want to make sure I
understand the stipulation I think we have entered into, and
that is that the city counsel and the city of Birmingham is
composed of nine members, six of whom are black and three
are white, am I correct? Then I can excuse that witness. Thank
you.

Judge Dubina: Thank you, sir. That witness is excused.
Call your next witness for the plaintiff.

A-14

State of Alabama )
Jefferson County )
AFFIDAVIT OF NELL HUNTER

I, Nell Hunter, being duly sworn according to law, do
hereby state as follows:

1. I am, and for some years past have been, the Chairman
of the Board of Registrars of Jefferson County, Alabama.

2. As such official, I prepare and maintain voting records
and statistics for Jefferson County, which records include, in-
ter alia, the number of registered voters in the County, the
location of each voting box at each election in the County and
the number of registered voters entitled to vote at such box,
and the name and race of each voter eligible to vote at each of
the voting boxes. I also have access to the official results of
each election held in Jefferson County which are tabulated
and canvassed for each voting box where voters vote in person
on election day and for each location where absentee ballots
are Cast.

3. The City of Birmingham is a municipality in Jefferson
County, Alabama. Although a small part of the City of Bir-
mingham is located in adjacent Shelby County, the ovcr-
whelming majority of the citizens and voters of the City of
Birmingham reside in that part of the City located in Jefferson
County.

4. On August 27, 1991, a referendum was held in Jefferson
County on the question of authorizing greyhound racing and
pari-mutuel wagering thereon to be conducted in that part of
the City of Birmingham located in Jefferson County. With re-
spect to that referendum, the records of my office show as
follows:

(a) The total number of registered voters in
Jefferson County (including the City of Birmingham)
amounted to 344,926, of which 234,463 or 67.98%
were white and 110,463 or 32.02% were black.

A-15

(b) The total number of registered voters of the
City of Birmingham who resided in Jefferson County
amounted to 134,099, of which 53,857 or 40.16%
were white and 80,242 or 59.84% were black.

(c) Based on information provided to me by the
official of Shelby County in charge of voter
registration, the number of registered voters in the
City of Birmingham who resided in Shelby County
amounted to 82, of which 81 were white and one was
black. Since the referendum of August 27, 1991,
concerned only the authorization of greyhound
racing in Jefferson County and no other county, the
referendum was 1estricted by state law to voters in
Jefferson County, and no voters who lived in that part
of the City of Birmingham located in Shelby County
were permitted to vote in the referendum.

(d) 146,055 voters of Jefferson County (including
voters residing in the City of Birmingham) cast votes
in the greyhound referendum, and 55,051 voters of
the City of Birmingham cast votes in the greyhound
referendum.

(e) Of the 146,036 voters of Jefferson County who
voted in the greyhound referendum (including
voters in the City of Birmingham), 66,747 voted “Yes”
in favor of authorizing greyhound racing and 79,289
voted “No” against authorizing greyhound racing.

(f) Of the 55,051 voters of the City of Birmingham
who voted in the greyhound referendum, 34,108
voted “Yes” in favor of authorizing greyhound racing
and 20,943 voted “No” against authorizing
greyhound racing.

(g) There were 175 voting boxes at which votes
were Cast in that election. Of those voting boxes, 60
were boxes in which the majority of registered voters
were black.

(h) In each of the 60 boxes where a majority of
the registered voters were black, a majority of the
votes cast were “Yes” in favor of authorizing
greyhound racing.

A-16
(i) Of the 115 voting boxes in which a majority of
the registered voters were white, only 8 boxes showed
a majority “Yes” vote in favor of authorizing
greyhound racing. In five of those boxes, black voters
amounted to more than 47% of the total registered
voters.

5. Attached to and made a part of this affidavit is a tabula-
tion prepared by my office showing (i) a true and correct
division of the total registered voters in each voting box be-
tween white voters and black voters as of the date of the grey-
hound referendum, (ii) a true and correct accounting by vot-
ing box of the number of voters who voted in the greyhound
referendum (excluding absentee votes) and the number of
“Yes” and “No” votes cast in each voting box, and (iii) a true
and correct tabulation of the absentee votes cast in the grey-
hound referendum.

/s/ Nell Hunter
Nell Hunter

Sworn to and subscribed before me, Kathleen Webster, a
Notary Public in and for Jefferson County in the State of Ala-
bama, this 8th day of January, 1992.

/s/ Kathleen Webster
Notary Public

My Commission expires: July 20, 1992

[NOTARIAL SEAL]

A-17

Greyhound Referendum Held in Jefferson County
on August 27, 1991
Voter Registration By Voting Box and Results of Greyhound
Referendum By Voting Box

As of August 27, 1991, the date on which the referendum on
greyhound racing was held that is the subject of Hams v. City
of Birmingham, the following table shows the number of regis-
tered voters in the City of Birmingham and Jefferson County
and the respective numbers of black and white voters in each
such jurisdiction:

Total Number % Number %
Registered Black Black White White
Jurisdiction Voters Voters Voters Voters Voters

City of Birmingham 134,099 80,242 59.84% 53,857 40.16%

Jefferson County 344,926 110,463 32.02% 234,463 67.98%
(including Birmingham)

The results of the greyhound referendum held on August
27, 1991 (including absentee ballots), are as follows:

Total

Votes Yes No
Jurisdicuon Cast Votes Votes
City of Birmingham 55,051 34,108 20,943
Jefferson County 146,036 66,747 79,289

(including Birmingham)

Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

KK HK KKK AKERS EEE AREE EEE KEKE

43/01 BURKETT CENTER FOR HANDICAPPED

88 LONG STREET
Registered Greyhound Referendum
RE Rares PGs scgusisdna dace
Total 1,201 Total 433 36.05%
White 1,120 93.26% Yes 169 39.03%
Black 81 6.74% No 264 60.97%
43/02 FULTONDALE COMMUNITY CENTER

INTERSEC PARK AND SPRING
Registered Greyhound Referendum
5 = 5 1, MR eee oe
Total 3,295 Total 1,393 42.28%
White 3,195 96.97% Yes 495 35.53%
Black 100 3.03% No 898 64.47%
43/03 GARDENDALE CIVIC CENTER

962 MAIN STREET
Registered Greyhound Referendum
i a A en
Total 5,373 Total 2,781 51.76%
White 5,317 98.96% Yes 703 25.28%
Black 56 1.04% No 2,078 74.72%

43/04 MT. OLIVE COMMUNITY CENTER

2684 MT. OLIVE RD.

Registered

rept AE
Total 924

White 921 99.68%

Black 3 32%

Greyhound Referendum
Votes

Total 471 50.97%
Yes i108 22.93%
No 363 77.07%

Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

HAKKAR EEE EEE EEE ERE REE ERE EEK KEE EEE KE KKK

43/05 NEW CASTLE UNITED METH. CHURCH

98 B NEW CASTLE RD.
Registered
he: SR OE ee
Total 467
White 365 78.16%
Black 102. 21.84%

Greyhound Referendum

5 a eS EN
Total 188 40.26%
Yes 107 56.91%
No 81 43.09%

43/06 MORRIS MASONIC HALL

OLD HIGHWAY 31

Registered Greyhound Referendum
bc; AOS, Were s
Total 1,125 Total 522 46.40%
White 1,117 99.29% Yes 156 29.89%
Black 8 .71% No 366 70.11%
43/07 KIMBERLY CITY HALL

9256 STOUTS RD.
Registered Greyhound Referendum
foe cxccsnmaeboieeen hc We aE ea
Total 883 Total 360 40.77%
White 862 97.62% Yes 94 26.11%
Black 21 2.38% No 266 73.89%
43/08 TRAFFORD CITY HALL

9239 EAST COMMERCIAL AVE.
Registered Greyhound Referendum
7 ORE. EPA E
Total 570 Total 195 34.21%
White 560 98.25% Yes 84 43.08%
Black 10 1.75% No 111 56.92%

A-20
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

ae He ok eo a ak a ae ae a ake ae ae ae ae ae ae ae ae ae ae ae ae a ae a ae a a ae ae ae a ae a a a a a a ao a

43/09 KERMIT A. JOHNSON ELEM. SCHOOL

8300 KERMIT JOHNSON RD.
Registered Greyhound Referendum
Bs Sciickhpanadasinnnn a, re
Total 1,612 Total 640 39.70%
White 1517 94.11% Yes 205 32.03%
Black 95 5.89% No 435 67.97%
43/10 PALMERDALE FIRE STATION

5340 MILES SPRING RD.
Registered Greyhound Referendum
SS Sen I is ndiiidssnenimitntes
Total 1,215 Total 528 43.46%
White 1,129 92.92% Yes 163 30.87%
Black 86 7.08% No 365 69.13%
43/11 PINSON CIVITAN CLUB

6230 DRY CREEK LN.
Registered Greyhound Referendum
5 ee ee ae
Total 969 Total 472 48.71%
White 966 99.69% Yes 151 31.99%
Black 3 31% No 321 68.01%

43/12 CLAYCOMMUNITY CENTER
6411 CLAY-PALMERDALE RD.

Registered Greyhound Referendum

EE iciereaxaxnansnnnn ee a
Total 2,938 Total 1,342 45.68%
White 2,916 99.25% Yes 418 31.15%

Black 822 75% No 924 68.85%

A-21
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

EEE EEE EEE EERE REE EEE EEE EERE EEE EE EEE EEE EEE EEE EK

43/13 MOUNTAIN VIEW BAPTIST CHURCH

5568 CHALKVILLE RD.
Registered Greyhound Referendum
SPUR ET so aicniuiibseniat tiie: 4! ENCE aneinian ee
Total 883 Total 418 47.34%
White 862 97.62% Yes 142 33.97%
Black 21 2.38% No 276 66.03%

44/01 PINSON UNITED METHODIST CHURCH
4507 BUD HOLMES RD.

Registered Greyhound Referendum
i Oe Saehante:. 413
Total 2,023 Total 895 44.24%
White 1,991 98.42% Yes 278 31.06%
Biack 32 1.58% No 617 68.94%
44/02 CENTER POINT ELEMENTARY SCHOOL
2209 CENTER POINT RD.

Registered Greyhound Referendum
Ce ANasipcehaneenntins, — SeNaRaaneeie
Total 5,199 Total 2,381 45.80%
White 5,003 96.23% Yes 694 29.15%
Black 196 3.77% No 1,687 70.85%

44/03 CENTER POINT COURTHOUSE ANNEX
2651 CENTER POINT PARKWAY

Registered Greyhound Referendum

Bettis shseuasauew pitas Sn
Total 3,911 Total 1,854 47.40%
White 3,821 97.70% Yes 543 29.29%

Black 90 2.30% No 1,311 70.71%

A-22
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

ea a a a a a aa a a a a EEE EAE EEE EEE EEE EE KE EEE EEE EEE

44/04 CHALKVILLE CIVIC CENTER

2100 CIVITAN DR.
Registered Greyhound Referendum
ite ciaensns: ' anidagmannstectiihtees
Total 2,315 Total 1,055 45.57%
White 2,274 98.23% Yes 339 32.13%
Black 41 1.77% No 716 67.87%

44/05 BREWSTER ROAD BAPTIST CHURCH
1661 BREWSTER ROAD

Registered Greyhound Referendum

UD . c.ccancacanswanacs SIRT eae clatter
Total 3,645 Total 1,751 48.04%
White 3,574 98.05% Yes 537 30.67%
Black 71 1.95% No 1,214 69.33%

44/06 TRUSSVILLE CITY HALL
131 MAIN STREET

Registered Greyhound Referendum
SOc vkevachapssonssnane See
Total 3,531 Total 1,934 54.77%
White 3,414 96.69% Yes 508 26.27%
Black 117 3.31% No 1,426 73.73%
45/01 BARRETT SCHOOL
7605 DIVISION AVENUE

Registered Greyhound Referendum
i: + SER i: - re
Total 678 Total 262 38.64%
White 21 3.10% Yes 240 91.60%

Black 657 96.90% No 22 8.40%

A-45
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

He A ie ee he ae aie aie he aie aie he ae ae ae ae ae ae ate ae ah ae ae ae ae ae ae ae eae ae ae ae ae eae ae ae ae ae ah ae ae ae he ae oe ae a a ok oo

54/02 NORWOOD ARMORY

1313 27TH STREET NORTH
Registered Greyhound Referendum
Ao ore
Total 1,848 Total 591 31.98%
White 88 4.76% Yes 506 85.62%
Black 1,760 95.24% No 85 14.38%

54/03 McARTHUR SCHOOL
2418 17TH AVENUE NORTH

Registered Greyhound Referendum
See ane
Total 1,147 Total 391 34.09%
White 68 5.93% Yes 344 87.98%
Black 1,079 94.07% No 47 12.02%
54/04 CITYAUDITORIUM
1930 8TH AVENUE NORTH

Registered Greyhound Referendum
Sere PME cr kaaaaserewia Kins
Total 2,021 Total 562 27.81%
White 12 59% Yes 473 84.16%
Black 2,009 99.41% No 89 15.84%

54/05 WILKERSON SCHOOL
116 11TH COURT WEST

Registered Greyhound Referendum

, ee 2, re
Total 1,227 Total 534 43.52%
White 20 1.63% Yes 456 85.39%

Black 1,207 98.37% No 78 14.61%

A446
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

HAKKAR EERE EEE SEEKER REESE EE EEK

54/06 COURT HOUSE LOBBY

716 NORTH 21ST STREET
Registered Greyhound Referendum
i, - A Rn TE edtnnscinchicbeniuns
Total 769 Total 151 19.64%
White 202 26.27% Yes 125 82.78%
Black 567 73.73% No 26 17.22%
54/07 AVONDALE LIBRARY

509 40TH STREET SOUTH
Registered Greyhound Referendum
a: eee nae RS ER
Total 2,445 Total 904 36.97%
White 1,689 69.08% Yes 381 42.15%
Black 756 30.92% No 523 57.85%
56/08 MUSCODA COMMUNITY CENTER

413 MORGAN ROAD
Registered Greyhound Referendum
i citivieniuscsincia: ee inesmvcaiaios
Total 818 Total 310 37.90%
White 428 52.32% Yes 166 53.55%
Black 390 § 66.47.68% No 144 46.45%

56/09 WOODWARD ELEMENTARY SCHOOL
1101 ALEXANDER STREET

Registered Greyhound Referendum

ccna gemeagunicanmes a
Total 1,646 Total 598 36.33%
White 310 18.83% Yes 437 73.08%
Black 1,336 81.17% No 161 26.92%

57/01 FAIRFIELD CITY HALL
4701 GARY AVENUE

Registered Greyhound Referendum

Le ares a
Total 1,387 Total 469 33.81%
White 697 50.25% Yes 280 59.70%

Black 690 49.75% No 189 40.30%

A-53
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

HK HM HHA AAA EAE AAA EEA AEE EAE ERE EERE EAE EK KEKE HK

57/02 FAIRFIELD FIRE STATION
5231 COURT B

Registered Greyhound Referendum
re :-, Son San
Total 2,871 Total 1,025 35.70%
White 52 1.81% Yes 869 84.78%
Black 2,819 98.19% No 156 15.22%
57/03 MIDFIELD COMMUNITY CENTER
416 WOODWARD ROAD

Registered Greyhound Referendum
sc < ) e Sc eee
Total 3,371 Total 1,379 40.91%
White 2,620 77.72% Yes 586 42.49%
Black 751 22.28% No 793 57.51%

57/04 BRIGHTON SENIOR CITIZENS BLDG.
4400 MAIN STREET

Registered Greyhound Referendum
i asdaesucnbetevecscs: | eee Na nieiaabcese ina.
Total 1,351 Total 377 27.91%
White 255 18.87% Yes 291 77.19%
Black 1,096 81.13% No 86 22.81%
57/05 BRIGHTON HIGH SCHOOL
3400 BROWN CIRCLE

Registered Greyhound Referendum
so E re
Total 1,120 Total 339 30.27%
White 20 1.79% Yes 299 88.20%

Black 1100 98.21% No 40 11.80%

A-54
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

EREEKEREARERERERESEERESESREEEEEEEEESESEEEEEEEEEEEEEEEEEREEKES

57/06 ROOSEVELT MAMIE FOSTER CENTER

508 CENTRAL AVENUE
Registered Greyhound Referendum
ic icccskpeovecetcsas ¢ Ethie
Total 1,770 Total 568 32.09%
White 15 85% Yes 471 82.92%
Black 1,755 99.15% No 97 17.08%
57/07 LIPSCOMB CITY HALL

512 AVENUE H
Registered Greyhound Referendum
PEE ees caciengseeaet ae i innkstccorenbiene.
Total 1,560 Total 497 31.86%
White 761 48.78% Yes 253 50.91%
Black 799 51.22% No 244 49.09%
57/08 BRYANTS CHAPEL AME CHURCH

3125 SPAULDING ROAD
Registered Greyhound Referendum
oo, RA ae ea eae
Total 2,311 Total 948 41.02%
White 23 1.00% Yes 808 85.23%
Black 2,288 99.00% No 140 14.77%
57/09 RILEYSCHOOL

3420 HICKORY AVENUE S W
Registered Grey!:ound Referendum
rh cniceaescereiind RE
Total 1,946 Total 744 38.23%
White 78 4.01% Yes 636 85.48%

Black 1,868 95.99% No 108 14.52%

A-55

Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

HAHAHA AMAA EEEEEAEEEEEEEEREEEEEEEAEEEEEAEEREREEEKEEEE SE

58/01 TARRANT CITY HALL

1604 PINSON VALLEY PKWY.
Registered Greyhound Referendum
a a
Total 2,819 Total 1,187 42.11%
White 2,395 84.96% Yes 454 38.25%
Black 424 15.04% No 733 61.75%
58/02 FIRE STATION #29

1048 LAWSON ROAD
Registered Greyhound Referendum
a an Se
Total 2,532 Total 1,015 40.09%
White 21 83% Yes 838 82.56%
Black 2,511 99.17% No 177 17.44%
58/03 CURRYSCHOOL

7900 8TH AVENUE NORTH
Registered Greyhound Referendum
es cpa iss ace ated, eRe rae
Total 1,700 Total 585 34.41%
White 1,198 70.47% Yes 307 52.48%
Black 502 29.53% No 278 47.52%
58/04 GATE CITYSCHOOL

69 10 GEORGIA ROAD
Registered Greyhound Referendum
Dee icawesunnveretseucs EO re
Total 1,659 Total 629 37.91%
White 128 7.72% Yes — 506 80.45%
Black 1,531 92.28% No 123 19.55%

A-56
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)
2 Ae Ae He ie ee ie ee ee ae ae he ae ie aie ie he ie ae he ie ae Ae ae he oie ae he oe eae ie oe he ae ie oe ae aie oie ae aie ae ae ee oe ae oe ok

58/05 WILLOW WOOD RECREATION CENTER

5312 GEORGIA ROAD NORTH
Registered Greyhound Referendum
tas. | PE iale tines
Total 1,944 Total 601 30.92%
White 552 28.40% Yes 431 71.71%
Black 1,392 71.60% No 170 28.29%

58/06 AL. YOUTH SERVICES VACCA CAMPUS
8950 ROEBUCK BLVD.

Registered Greyhound Referendum

Fe is xm nencaicesonwenn ees a re
Total 1,277 Total 548 42.91%
White 933 73.06% Yes 259 47.26%
Black 344 26.94% No 289 52.74%

58/07 OPORTO ARMORY
5601 OPORTO MADRID BLVD.

Registered Greyhound Referendum

SD oc eecnecn oxvnccesce a
Total 1,560 Total 549 35.19%
White 338 21.67% Yes 402 73.22%
Black 1,222 78.33% No 147 26.78%

59/01 INCLENOOK SCHOOL
4120 INGLENOOK STREET

Registered Greyhound Referendum

“3 SO EO. EEE Ee
Total 1,732 Total 714 41.22%
White 1199 69.23% Yes 328 45.94%

Black 533 30.77% No 386 54.06%

A-57
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)

Ae A Ae He He eH He He He He He Ae he he Ae He he he Ae he he he He he he he He ae He He he he He HH He HH HH HH

59/02 MORTON SIMPSON COMM. CENTER

4609 8TH COURT NORTH
Registered Greyhound Referendum
EN sttstshariidlivacs <a
Total 2,044 Total 760 37.18%
White 28 1.37% Yes 684 90.00%
Black 2,016 98.63% No 76 10.00%

59/03 HUDSON SCHOOL
3300 F. L. SHUTTLESWORTH DR.

Registered Greyhound Referendum

i; Sa SEI RR oe ST
Total 2,167 Total 824 38.02%
White 1] 51% Yes 735 89.20%
Black 2,156 99.49% No 89 10.80%

59/04 NORTH B’HAM RECREATION CENTER
3501 28TH STREET NORTH

Registered Greyhound Referendum
5: 5 a RR ie
Total 2,173 Total 636 29.27%
White 319 14.68% Yes 521 81.82%
Black 1,854 85.32% No 115 18.08%
59/05 WRIGHT’S CHAPEL UN. METH. CHURCH
2133 32ND AVENUE NORTH

Registered Greyhound Referendum
cg eee bee oa, See RR SAL
Total 1,572 Total 606 38.55%
White 114 7.25% Yes 485 80.03%

Black 1,458 92.75% No 121 19.97%

A-58
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)
vTttttttttiitititiit itt iiitiiittitttitttt tt ttt ett ttt ttt

59/06 HILLVIEW COMMUNITY CENTER
766 HEFLIN AVE. E

Registered Greyhound Referendum

i : a al a Se Cs bil
Total 1,662 Total 816 49.10%
White 1,538 92.54% Yes 267 32.72%
Black 124 7.46% No 549 67.28%

59/07 HOOPER CITY RECREATION CENTER
3901 4TH STREET W

Registered Greyhound Referendum
Pv sncecigeceseortaal sortircncalaigeentemtiae
Total 1,501 Total 661 44.04%
White 10 67% Yes 576 87.14%
Black 1,491 99.33% No 85 12.86%
59/08 LEWIS SCHOOL

2015 26TH AVENUE NORTH
Registered Greyhound Referendum
i --:
Total 1,047 Total 374 35.72%
White 6 57% Yes 322 86.10%
Black 1.041 99.43% No 52 13.90%
59/09 HARRIMAN PARK RECREATON CNTR.

4345 HUNTSVILLE ROAD
Registered Greyhound Referendum
no kicswstbnvencwns |) See
Total 415 Total 188 45.30%
White 4 96% Yes 165 87.77%

Black 411 99.04% No 23 12.23%

es es

A-59
Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)
FOC CBSO CCE EO IO IIIA IK

59/10 MT. PARK FIRST BAPTIST CHURCH

4360 44TH AVENUE NORTH
Registered Greyhound Referendum
LL IS a:
Total 566 Total 255 45.05%
White 33 5.83% Yes 201 78.82%
Black 533 94.17% No 54 21.18%

60/01 MOUNT HEBRON BAPTIST CHURCH
503 5TH STREET THOMAS

Registered Greyhound Referendum
SOR
Total 936 Total 321 34.29%
White 152 16.24% Yes 244 76.01%
Black 784 83.76% No 77 23.99%
60/02 WOODROW WILSON SCHOOL

1030 4TH TERRACE WEST
Registered Greyhound Referendum
ae UE ance tusovnnsoves
Total 2,409 Total 991 41.14%
White 470 19.51% Yes 758 76.49%
Black 1,939 80.49% No 233 23.51%
60/03 FAIRVIEW SCHOOL

2623 29TH STREET WEST
Registered Greyhound Referendum
ES.
Total 2,787 Total 1,065 38.21%
White 967 34.70% Yes 732 68.73%
Black 1,820 65.30% No 333 31.27%

Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)
JOO dB dadaaaaaaidaidaiidaiiaoiocioocicaciciiogicicctokicek

60/04 ENSLEY HIGH SCHOOL GYM

2301 AVENUE J

Greyhound Referendum

- - ae
Total 528 32.43%
Yes 469 88.83%
No 59 11.17%

Registered

NE cc nawcneneavcoesdys

Total 1,628

White 53 3.26%

Black 1,575 96.74%

60/05 McCAW SCHOOL
1020 AVENUE M

Registered

en pe

Total 1,297

White 5 39%

Black 1,292 99.61%

Greyhound Referendum
Votes

Total 527 40.63%
Yes 459 87.10%
No 68 12.90%

60/06 EAST ENSLEY PUBLIC LIBRARY

900 14TH STREET

Greyhound Referendum
Votes

Total 589 39.08%
Yes 538 91.34%
No 51 8.66%

Registered

Ls TE

Total 1,507

White 6 .40%

Black 1,501 99.60%

60/07 HOWZE-SANFORD REC.
320 AVE. D

Registered

og SE TEE AE

Total 881

White 5 57%

Black 876 99.43%

CENTER

Greyhound Referendum
Votes

Total 338 38.37%
Yes 303 89.64%
No 35 10.36%

ete i

A461

Voter Registration and Greyhound Referendum Results
by Voting Box
(Excluding Absentee Votes in Referendum)
2 2 2 2 2 ke 2 ak 2 ae 2 2 2 a a 2 a ae ai a ate ae ae ae a a oi ae ake a ae 2 2c a a a ae a ac a 2 2 ae a 2 2 ake 2 aie 2k aie 2 2k ok

60/08 FIRE STATION — PRATT CITY

200 DUGAN AVENUE
Registered Greyhound Referendum
ee re Lo, Se Ne Poe eed eee
Total 1,547 Total 623 40.27%
White 128 8.27% Yes 493 79.13%
Black 1,419 91.73% No 130 20.87%
60/09 HILLVIEW ELEMENTARY SCHOOL

1520 CHERRY AVENUE
Registered Greyhound Referendum
EE cccicunccaesnancan deen iuehenameunsneiaiane
Total 2,051 Total 948 46.22%
White 1,246 60.75% Yes 449 47.36%
Black 805 39.25% No 499 52.64%

60/10 GEORGE W. SCOTT SCHOOL
1517 HIBERNIAN STREET

Registered Greyhound Referendum

ni, Sa NEEM BE kee
Total 2,395 Total 1,099 45.89%
White 12 50% Yes 916 83.35%
Black 2,283 99.50% No 183 16.65%

A-62

Summary of Absentee Votes Cast in Greyhound Referendum
2 2 2 ke ae i ae 2 ie aie oe ae a ae ae 2 ae a 2 a ae ac af ac ae a ae ae a ae af a ae a ae ae ae ae a ae ae ae ae ak a aie ae oe ae ae ae a oe

Absentee ballots are cast at the two courthouses in Jefferson
County and are not accounted for by the voting boxes in
which the absentee voters reside. The Absentee votes shown
below for Jefferson County and the City of Birmingham are
included in the total election results shown at the beginning
of this report.

Total

Birmingham _ Bessemer Absentee
Jursidiction Courthouse Courthouse Vote
City of Birmingham 415 20 435
Jefferson County 790 245 1,035

(including Birmingham)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385017_1060%3A3. Public record. Not legal advice.
