Since at least the mid-Sixties, the Town of Newbern, in Hale County, has failed to hold or publicize municipal elections as required by Alabama and federal law. Because the town is small, public announcements are typically posted at the Newbern Town Hall, fire station, post office, library, and streets. However, no notice about town elections has ever been seen in any of these places. Instead, a series of white mayors and town-council members employ a policy and custom of “handing down” the positions of mayor and town-council members from one white person to the next. Thus, Newbern continues to be governed by a small group of nearly all white people.
Defendant Woody Stokes, who is white, currently holds himself to be the mayor of Newbern. Patrick Braxton, who is black,…