Montgomery Co. Sued for Black Vote Dilution

MONTGOMERY COUNTY, TX – A new federal lawsuit, filed last week on March 20, 2024, is challenging Montgomery County’s voting practices, alleging that the county’s 2021 redistricting plan and other policies have illegally diluted the voting power of Black residents and created significant barriers to accessing the ballot. The suit, filed in the U.S. District Court for the Southern District of Texas, Houston Division, seeks to remedy these alleged issues and prevent their recurrence in future elections.

Brought by the Houston Branch of the NAACP and three Black Montgomery County voters—Rita Johnson, Patricia Brown, and William Wayne—the lawsuit names Montgomery County itself, along with County Judge Mark Keough and Commissioners James Noack (Precinct 1), Charlie Riley (Precinct 2), Kennedy (Precinct 3), and Greg Gossett (Precinct 4), as defendants.

The plaintiffs, represented by the NAACP Legal Defense and Educational Fund (LDF) and private counsel, contend that a redistricting plan for Commissioners Court precincts, adopted by a 3-2 vote in October 2021 following the 2020 Census, intentionally fractured Black voters across multiple precincts. This, they argue, dilutes their ability to elect candidates of their choice, in violation of Section 2 of the Voting Rights Act and the First and Fourteenth Amendments to the U.S. Constitution.

Montgomery County, located north of Houston, has experienced significant population growth, with a Black population making up approximately 4.5% of its more than 620,000 residents, according to the U.S. Census Bureau. The lawsuit alleges that despite this growing Black population, the redistricting fragmented these communities to diminish their electoral influence.

Beyond the redistricting plan, the lawsuit also cites a range of alleged discriminatory practices that have contributed to systemic voting hurdles. These include a failure to provide accessible and sufficient polling locations, inadequate staffing at poll sites, issues with voter roll accuracy, and improper voter purges. These alleged systemic issues, the plaintiffs claim, contributed to problems in elections such as the November 2022 General Election and earlier contests like the May 2022 Commissioner Precinct 2 runoff, where voters reportedly faced confusion, excessive wait times, and a lack of accessible voting equipment.

This legal action follows previous litigation in October 2022, also brought by the Houston NAACP and LDF. In that instance, U.S. District Judge Andrew S. Hanen, while ultimately denying a request to block the 2022 general election due to its proximity and potential voter confusion, identified “serious questions regarding the legality of the Commissioners Court mapping of voting precincts.” Judge Hanen’s order noted that the plaintiffs were “likely to succeed on the merits” of their vote dilution claims, laying significant groundwork for the current, more comprehensive challenge. The 2022 order can be reviewed <a href=”https://www.documentcloud.org/documents/23249033-montgomery-county-voting-rights-order”>here</a>.

“Montgomery County voters of color have faced significant barriers to exercising their fundamental right to vote, and these barriers have only intensified in recent years,” stated Katya Levitan-Reid of the LDF. “The right to vote is fundamental to our democracy, and Montgomery County’s practices have systematically denied Black residents their fair opportunity to participate,” added Ezra Rosenberg, LDF Co-Director of the Voting Rights Project, in a statement.

The current complaint, *Houston Branch of the NAACP, et al. v. Montgomery County, Texas, et al.* (Case No. 4:24-cv-00977), aims to ensure that future elections in Montgomery County are conducted fairly and without discriminatory hurdles for all eligible voters. The plaintiffs are seeking a judicial order to prevent the county from continuing to use the disputed redistricting plan and other discriminatory voting practices, and to mandate the implementation of a legally compliant electoral system.

Montgomery County officials, including County Judge Mark Keough and the named Commissioners, have not yet issued a public statement regarding the lawsuit. The county typically defers comment on pending litigation.

A copy of the NAACP LDF press release regarding the lawsuit can be found <a href=”https://www.naacpldf.org/press-release/ldf-houston-naacp-and-private-counsel-file-federal-lawsuit-challenging-discriminatory-voting-practices-in-montgomery-county-texas/”>here</a>.