2 Black voters join the DOJ’s lawsuit against Houston County elections board. Here’s why
Two Black voters have joined the Department of Justice’s lawsuit against Houston County’s elections chair, which seeks to change the county’s method for elections.
The DOJ filed the lawsuit against Houston County and its commissioners, Dan Perdue, Shane Gottwals, Gail Robinson, Tal Talton and Mark Byrd on Jan. 16. The two voters were added to the lawsuit Tuesday, court records show. The suit argues the county’s current election method “dilutes the voting strength of Black citizens,” which violates the Voting Rights Act, court records show.
On Jan. 25, Courtney Driver and Mike Jones, Black voters living in the county, requested to be included in the court proceedings, which federal Judge Marc Treadwell agreed to on Tuesday.
“The Court finds that Driver and Jones seek to offer evidence that could shed a different light on issues before this Court,” Treadwell ruled Tuesday.
Once the two were formally brought into the action, they sued the Houston County Board of Elections and its chair, Pamela Morgan.
The two new plaintiffs have offered more remedies to fix Houston County’s alleged issues. They also said in their complaint that a “history of discrimination that extends beyond Houston County,” court records show.
How could Houston County fix alleged voting issues?
The two new additions to the lawsuit have recommended these changes to Houston County voting:
- Cumulative voting, which allows voters to cast a vote as many times as they want
- Limited voting, in which voters are given a selection of candidates and voters choose to vote for some of them
- Ranked-choice, which allows voters to rank candidates in order of preference
Their inclusion in the proceedings comes amid concerns for the future of the DOJ’s Civil Rights Division, which President Donald Trump froze early in his latest presidential term, court records show.
“(Driver and Jones) are prepared to litigate this case expeditiously and seek no delay,” court records say. “They merely seek to protect the rights of Black voters in Houston County.”
Like what the DOJ requested, Driver and Jones want a federal judge to declare that Houston County has violated the Voting Rights Act and prohibit Houston County from conducting future elections with their current election method until they devise an election system that complies with the Voting Rights Act.
Driver and Jones are represented by attorneys Bryan Sells and Lynsey Barron.
Why the DOJ sued Houston County
The DOJ filed a lawsuit against Houston County’s election board because, despite a growth in the Black population, “Black-preferred candidates (that) have run for the Board of Commissioners ... have routinely lost,” the agency said in its lawsuit.
Houston County has geographically and socially distinct Black and white communities, with the Black community being concentrated in north and east Warner Robins, the DOJ says in its lawsuit. Churches and other community organizations reflect racial separation, the agency said.
There are approximately 105,000 active registered voters in Houston County, of which approximately 55% are white and close to 30% are Black. White voters “turn out to vote at significantly higher rates than Black registered voters” in the county, the DOJ says in its lawsuit.
However, the DOJ argues that the Black community is “sufficiently numerous and geographically compact” to be a majority within the voting-age population in a single-member district for the Houston County Board of Commissioners under a five-district or four-district plan. Driver and Jones agree, court records show.
By redistricting Houston County, “a majority-Black district may be crafted that includes neighborhoods in the northern and eastern portions of the City of Warner Robins and apartment complexes along Carl Vinson Parkway,” the DOJ said in its lawsuit. They can also add racially diverse neighborhoods in southern Warner Robins.
“Thus, Black voters would have the opportunity to elect their preferred candidates in elections conducted solely within the boundaries of such a district,” the DOJ said.
Houston County also has a history of discrimination against Black people that has affected their education, health and employment, which, in turn, “hinder(s) the ability of Black residents to participate effectively in the political process,” the DOJ said.
The DOJ warned that Houston County would keep violating the Voting Rights Act with its current election method if a judge doesn’t prohibit them.
‘Houston County will always follow the law’
The DOJ notified Houston County on Dec. 19 in a letter that it had conducted a multi-year Voting Rights Act investigation which required a response in less than two weeks, according to a statement from Bryan Tyson, the county’s attorney. But the DOJ hadn’t contacted anyone in the government during the investigation.
Houston County officials requested more information and met with the DOJ on Jan. 8 to discuss the allegations. The DOJ then filed the lawsuit on Jan. 16.
“Houston County will always follow the law,” Tyson said. “At this time, Houston County is continuing to investigate the allegations made by DOJ and determine whether the evidence supports those allegations. We will also continue to speak with members of the community about DOJ’s claims. Importantly, the DOJ lawsuit does not contain any allegations of intentional racial discrimination in Houston County.”
Tyson continued, saying that, even though the DOJ felt the need to file the lawsuit prior to the change in presidential administration, “we did not feel it would be prudent to respond in fewer than 30 days to a multi-year investigation, especially before we were able to obtain and review all of the relevant evidence.”
“If we determine if we agree with DOJ regarding a possible violation of the Voting Rights Act after reviewing all of the documents and evidence, we will take appropriate action at that time,” Tyson said.
This story was originally published March 6, 2025 at 3:33 PM.
