The battle against injustice is a battle against the wickedness of racism and disenfranchisement.

The NAACP will fight against anyone who attempts to suppress the right of suffrage which is the right to vote, to violate the federal and state statues of the Voting Rights Act, to disenfranchise any group or race of people, to target a race or nationality of people to suppress their right to vote (which is racist) or violate the 15`h Amendment. Whether it is in Florida or Hudson County, or be it President George Bush, the Jersey City Democratic Party under the leadership of Hudson County Chief of Staff- Jersey City Councilman William Gaughan or the Hudson County Democratic Party under the leadership of New Jersey State Senator Bernard Kenny or now Hudson County Clerk Javier Inclan (Former Executive Director of the Hudson County Democratic Party) or United States Senator Trent Lott or anyone, no matter who they choose to hide behind.

Based upon these principles, the Jersey City Branch of the NAACP filed legal action against Assemblyman-Bayonne Mayor Joseph Doria and the Hudson County Democratic Organization (which includes the Jersey City Democratic Party) at 11 a.m. on Friday, December 5, 2003 in Federal Court at the Martin Luther King Federal Building in Newark alleging acts of racism and disenfranchisement, and violations of the Voting Rights Act pertaining to the June 3rd primary, and the post-primary court case.

Procedurally, as is required, during the month of June, the Jersey City Branch contacted our national headquarters in Baltimore, Maryland and informed them of our plans to pursue legal action and why. After receiving permission to investigate, we obtained an attorney (Mr. Dwayne Warren of Warren & Tosi). Upon findings from the Branch's investigation, newspaper articles and the Hudson County Superior Court's decisions the Executive Committee and the General Membership of the Jersey City Branch passed resolutions seeking to proceed with legal action and required guidance from the NAACP's national office. September, the Branch, at the New Jersey NAACP's State Convention brought this matter before the New Jersey NAACP. November, the national office was mailed a copy of all legal findings and motions, certifications and the brief to be filed for legal action. On December 5, 2003 after legal action was filed by the Branch, a stamped affidavit by the federal court was express mailed to the national office of the NAACP in Baltimore.

In 1985, a group of plaintiffs filed an action in federal court regarding voting rights violations. The legal action resulted in a Consent Decree signed by Judge Dickinson R. Debevoise. We allege that Joseph Doria, Javier Inclan and the Hudson County Democratic Organization hatched its own scheme to violate the spirit and the letter of the Judge Debevoise's Federal Court Decree, the Voting Rights Act, the New Jersey State Statute 19:15-18 and the constitutional amendment(s) that guarantees the right of suffrage.

It is alleged that lists were given out by the Executive Director of the Hudson County Democratic Organization to challenge known supporters as well as suspected supporters of the opposing state headed by Mayor Glenn D. Cunningham known as the Reformed Democrats of Hudson County. Most of these supporters and suspected supporters are registered voters who reside in a majority African-American districts in the Jersey City portion of the 31" legislative district. Therefore, the actions of the Hudson County Democratic Party were racist and premeditated to specifically target and challenge registered voters who reside in majority African-American Districts in the Jersey City portion of the 3151 legislative district. Also, the act is racist and premeditated because Bayonne which is a majority white city and comprises 1/3 of the 3151 legislative district had no challenge list distributed the night of June 2". And, there was only few names submitted as questionable voters from Bayonne after the June 3`d primary.

Essentially, the HCDO conducted a meeting on the eve of the primary election and instructed its challengers to challenge voters that were deemed by the party to be supporters of the State Senate Candidate Glenn Cunningham and his slate of candidates. In furtherance of the scheme, the challengers were supplied with a list of potential voters that the HCDO deemed were subject to challenge. The HCDO challenge was largely comprised of residents from Jersey City, the majority voters of color portion of the 31" legislative district. The list did not include any voters to be challenged from the City of Bayonne, the majority white portion of the 31" district.

The challengers were instructed to challenge the voters on their list but were not provided with any basis for such challenges. Invariably these challenges disproportionately affected voters of color. Finally, even the HCDO's candidates' pleadings, which were filed to contest the election, primarily focus their allegations of voter fraud in the majority African-American voting districts. The pleadings included allegations of illegal voting against long-time voters such as Johnsilynn Maize (the daughter of a well-known Black minister), Dr. Charles Epps (Superintendent of the Jersey City Public School System), former Councilman Dan Wiley, Mrs. Elnora Watson (Director of the Hudson County Urban League), Mrs. Doris Allen (a Jersey City educator for at least 20 years), Mrs. Della Womack (a 6 year member of the jersey City Housing Authority Board of Commissioners and a former 8 year member of the Jersey City Board of Education), Mr. Harvey Zucker a white voter (Sports Editor for the Jersey Journal), Mr. James Morley (Vice President of Provident Bank) a white voter and Mr. Sergio Lamboy a Latino (Director of the Jersey City Department of Health & Human Services) residing in the City of Jersey City. There were at least 1,000 Jersey City registered voters who the HCDO alleged had committed some type of voter fraud, the majority of whom are persons of color.

It is the position of the NAACP that there was an attempt, whether conscious or unconscious, whether covert or overt, by the Hudson County Democratic Party and Assemblyman-Mayor Joseph Doria to use wrongful challenges, the courts, the Governor's Office and the New Jersey Attorney General's office, to roll back the Voting Rights Act and legalize disenfranchisement and the suppression of our vote.

Therefore, the Jersey City Branch of the NAACP is taking legal action to

1. Prevent the HCDO from drafting unwitting challengers into conducting improper challenges of voters.

2. Restrain the HCDO from engaging in any future conduct in furtherance of this challenge scheme or any similar one.

3. Ensure the Superintendent of Elections to implement the Court Decree.

4. Prevent future civil rights violations under 42 U.S.C. Sect. 1983 by the HCDO.

5. Have the Court impose appropriate sanctions against the HCDO.

6. Have a court monitor appointed to now County Clerk Javier Inclan to insure that Mr. Inclan abides by the statutory provisions of his office as County Clerk.

7. Prevent future violations of N.J.S.A. 19: 15-18.

The NAACP cannot take partisan positions in elections, but we are definitely committed to fighting racism. Any attempt to suppress, disenfranchise or take away a people's right to vote is wrong and outright racist ... whether in Florida or in Hudson County.

42 USCA Sec. 1983, Civil action for deprivation of rights Page *114312 42 U.S.C.A. § 1983 the District of Columbia.

UNITED STATES CODE ANNOTATED TITLE 42. THE PUBLIC HEALTH AND WELFARE CHAPTER 21--CIVIL RIGHTS SUBCHAPTER I-- GENERALLY Current through P.L. 108-24, approved 05-27-03 § 1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of

CREDIT(S) 1994 Main Volume (R.S § 1979; Pub.L. 96-170, § 1, Dec. 29, 1979, 93 Stat. 1284) 2003 Electronic Update (As amended Pub.L. 104-317, Title I11, § 309(c), Oct. 19, 1996, 110 Stat. 3853) (General Materials (GM) - References, Annotations, or Tables) HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1979 Acts. House Report No. 96-548, see 1979 U.S. Code Cong. and Adm. News, p. 2609. 1996 Acts. Senate Report No. 104-366, see 1996 U.S. Code Cong. and Adm. News, p. 4202. Codifications R.S. § 1979 is from Act Apr. 20, 1871, c. 22, § 1, 17 Stat. 13. Section was formerly classified to section 43 of Title 8, Aliens and Nationality. Amendments 1996 Amendments. Pub.L. 104-317, § 309(c), inserted provisions relating to immunity of judicial officers from injunctive relief unless declaratory decree was violated or declaratory relief is unavailable.



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• hoodia Harry Juna 15:32:56 02/03/05 (0)