Published: Oct 14, 2009 09:05 AM
Modified: Oct 14, 2009 11:28 AM
BENSON - A month after getting advice from the UNC School of Government, Benson commissioners have taken no action on changing the town's election procedures.
Commissioners had sought the advice of UNC professor Michael Crowell, who represented the town in a 1980s racial-discrimination suit that prompted the use of "limited voting." Benson elects three at-large commissions every four years, but under "limited voting," voters can pick just one candidate, not three. Some residents have said they think limited voting is unconstitutional.
In a memo dated Sept. 2, Town Manager Keith Langdon said Crowell had advised the town to hire a lawyer to analyze the past 20 years of town elections. Provided that the analysis didn't turn up "any serious problems," Crowell told Langdon, the town could ask a court to lift the mandate of limited voting and allow the town to determine the process.
If the court lifted the mandate, commissioners could either change the system themselves or call for a referendum on the issue.
So far, commissioners have not acted on Crowell's advice. Commissioner Ray Smith said it was unlikely the board would take up the matter until after the November election, and he said he wanted a second opinion on Crowell's suggestion.
"I think we ought to have some more discussion on it, and I think we need to bring some more legal people in," Smith said. "If we do take action on it, we want to make sure we're right on what we do."
Commissioner Frederick Nelson said he supported an in-depth analysis of election history as the first step. "That's probably the best way to go," he said.
Only one other town in North Carolina has convinced the courts to lift similar restrictions. Thomasville won control of its elections several years ago and chose to elect all city councilmen at-large, not from districts. Thomasville now has one black among its eight councilmen. Census data show the town's population is 24 percent black.
Benson would likely opt to eliminate limited voting for at-large seats and keep its three district seats.
Nelson -- one of two black commissioners -- said he wants to ensure the board's racial makeup is similar to the town's population. "I would certainly want our board to look much like what the Town of Benson looks like," he said.
That's the case with the current board. Census data put the town's black population at 34 percent, and two of its seven commissioners (29 percent) are black.
Two North Carolina counties, Perquimans and Bladen, use limited voting to elect county commissioners. Both boards have a racial makeup that mirrors that of the county.
If Benson made any changes to its election procedure, the new system wouldn't take effect until 2011.