Kilmichael, Mississippi

In 2001, three weeks before election day in Kilmichael, Mississippi, the all-White town council decided to cancel the municipal election. At the time the election was cancelled, the most recent Census numbers showed that the town was 52.4% Black, though the mayor and all five members of the Board of Alderman were White, and all council members were elected at-large to four year terms, with a plurality vote requirement. Since 1965, no Black person had ever been elected to the board. In the run up to the June 2001 election, for the first time, a significant number of Black candidates qualified for the mayoral and board races. In the Board of Alderman race, there were 10 candidates running for the five board positions, four of whom were Black. In the mayoral race, three individuals, one of whom was Black, qualified. On May 15, 2001, three weeks before the election, with no notice to the community, the board unanimously voted to cancel the general election. The stated purpose for the town's action was to develop a single-member ward system for electing town officials. However, because Mississippi is covered by Section 5 of the VRA, Kilmichael had to submit this plan to the Department of Justice for a determination of whether the change would adversely impact minority voters. The DOJ analysis concluded that the town did not establish that its decision was motivated by reasons other than an intent to negatively impact the voting strength of Black voters. Thus, the Department prevented the town from canceling the election. In its letter of decision to the town, DOJ noted that the decision to cancel the election came only after Blacks became a majority of the population in the town and only after the qualification period for the election was closed and it became evident that there were several Black candidates for office, and that under the existing at-large electoral method, the minority community had the very strong potential to win a majority of the municipal offices, including the office of mayor.