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For Release July 8, 2010

On July 8, 2010, the City of Kings Mountain, North Carolina became the first local government in the nation to file a bailout lawsuit under the Voting Rights Act in the wake of a 2009 Supreme Court decision. As a result of the Supreme Court’s 2009 decision in Northwest Austin Municipal Utility District Number One v. Holder (NAMUDNO), political subunits like Kings Mountain are now able to purse a bailout. A bailout under the Voting Rights Act essentially means that the City will no longer have to obtain pre-approval or preclearance of changes it makes to its election or voting process.

Attorney J. Gerald Hebert, a solo practitioner in Alexandria, Virginia, filed the action on behalf of Kings Mountain, along with the City’s attorney, Clayward (Mickey) Corry. Mr. Hebert has represented all 64 of the jurisdictions (all located in Virginia) that bailed out prior to the 2009 NAMUDNO case.

Hebert praised officials in Kings Mountain and Cleveland County for gathering the documentary evidence that easily demonstrated the City’s bailout eligibility. Hebert observed that the first local government outside Virginia to seek a bailout could well open the door for other local jurisdictions in North Carolina and other covered states to avail themselves of the bailout opportunity. “After all,” Hebert said, “obtaining a bailout is relatively easy if the local government can show it affords all persons an equal opportunity to participate effectively in the voting and electoral process.” Hebert also noted that obtaining a bailout now could save jurisdictions time and expense in the upcoming redistricting cycle.

Hebert also said “too many local governments are simply unaware of the bailout option, or erroneously think bailout is either too cumbersome or costly; in fact it is an easy process that’s both affordable and cost-efficient.” Hebert continued: “Kings Mountain is rightfully proud of its record of equal opportunity in voting and the bailout process gave the city an opportunity to document this.”

Hebert predicted the Justice Department, which has conducted its own review of voting practices in Kings Mountain, would consent to the bailout in the near future.