Lowery challenges Sandy Springs on Voting Rights Act

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By Ernie Suggs

The Atlanta Journal-Constitution

Sandy Springs' successful effort to exempt itself from provisions of the 1965 Voting Rights Act has caught the attention of one of the men who fought for passage of the law.

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Joseph Lowery, co-founder and former president of the Southern Christian Leadership Conference, joined other colleagues of Rev. Martin Luther King Jr. at a rally in Washington, D.C. in 2008.

RICK MCKAY/Cox Washington Bureau Joseph Lowery, co-founder and former president of the Southern Christian Leadership Conference, joined other colleagues of Rev. Martin Luther King Jr. at a rally in Washington, D.C. in 2008.

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Tuesday, civil rights icon Joseph E. Lowery called for Sandy Springs and the Justice Department to revisit and reverse the recent decision to bypass federal oversight of its elections.

“One thing we want Sandy Springs to know is even if they opt out, they can’t opt out of the scrutiny, they can’t opt out of the concerns we have and they can’t opt out of the vigilance,” Lowery said. “We shall call upon the Justice Department to look at this and ensure that Sandy Springs will not be exempt. Justice must roll down like waters for the citizens of Sandy Springs just like the citizens from Turkey Run.”

Last week, Sandy Springs became the first city in Georgia to get out from under federal scrutiny in elections. Coming on the heels of the 1964 Civil Rights Act, the Voting Rights Act of 1965 was signed into law by President Lyndon B. Johnson to halt illegal efforts to deny minority access to the ballot box.

Under the law, municipalities have to get “pre-clearance” from the Justice Department, before making any kind of changes to their voting procedures.

In 2009, the U.S. Supreme Court ruled that jurisdictions could seek relief from the act's Section 5, which requires them to gain federal clearance to change any election procedure, including small items such as moving polling sites. Several cities in Virginia have sought that federal relief.

Georgia is one of 16 states in which the Act applies.

Hasan Crockett, an associate professor of political science at Morehouse College, said Sandy Springs could “open up the floodgates for other cities, counties and states throughout the South to seek a bailout.”

“The Voting Rights Act is one of the most important pieces of legislation ever passed and signed into law,” Crockett said. “Many Americans fought and died for this law. If we allow Sandy Springs to bailout of this law, we will be desecrating the memories of Martin Luther King Jr., Thurgood Marshall, Rosa Parks…and countless other Americans who fought for justice and fairness.”

In applying for the exemption, Sandy Springs cited costs and claimed that the move would save the new city thousands of dollars annually. In approving the move, the Justice Department noted that Sandy Springs had no recent history of voter discrimination or problems.

But Lowery said not having previous problems does not eliminate the possibility of having future problems.

“We are trying to get ahead of the curve,” Lowery said. “There is no need for them even thinking about denying the vote.”

Lowery said he has written a letter to Attorney General Eric Holder.