In August 1965 the Attorney General designated Georgia a covered jurisdiction under the Voting Rights Act of 1965 because the state had maintained a literacy test as of November 1, 1964, thereby subjecting all its political units including the city of Rome to the section 5 preclearance requirement. In 1970 Rome had a total population of 30,759 that was 76.6 percent white and 23.4 percent Negro, with a voting-age population that was 79.4 percent white and 20.6 percent Negro. Its governmental structure was fixed by a 1918 city charter providing for a nine-member City Commission and a five-member Board of Education to be elected at large by plurality vote with one commissioner chosen from each of nine wards and no residency requirement for Board candidates.
In 1966 the Georgia General Assembly enacted several local laws that reduced the number of wards from nine to three, created numbered posts within each ward, required majority vote with runoff elections, staggered the terms of office, expanded the Board of Education to six members, and imposed a residency requirement for Board candidates. The city never sought preclearance for these changes or for the sixty annexations completed between November 1, 1964, and February 10, 1975.
In June 1974 the city submitted one annexation for review. After the Attorney General discovered the additional changes, the city submitted all sixty annexations and the 1966 electoral amendments. The Attorney General interposed objections to the majority-vote, numbered-post, and staggered-term provisions as well as to thirteen of the annexations on the ground that these changes would dilute Negro voting strength in light of the city's majority-white population and history of racial bloc voting.
In May 1976 the city moved for reconsideration of the objections and supplemented its submission with additional affidavits in July 1976, but the Attorney General denied reconsideration on August 12, 1976. The city and two of its officials then filed a declaratory judgment action in the United States District Court for the District of Columbia against the United States and the Attorney General seeking relief from the preclearance requirement and a declaration that the 1975 amendments were unconstitutional. A three-judge district court granted summary judgment for the defendants in 1979. The Supreme Court noted probable jurisdiction, heard argument in October 1979, and affirmed the district court's judgment in April 1980.
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