SELMA BALLOT BOX MOVE CONTESTED

Press, Volume CV, Issue 31053, 7 May 1966, Page 15

SELMA BALLOT BOX MOVE CONTESTED

(N.Z. Press Association—Copyright)

SELMA (Alabama), May 6.

The United States Department of Justice today filed a suit in the Federal Court at Mobile, Alabama, to have all votes in Tuesday’s Democratic primary election counted.

Dallas county’s Democratic executive committee earlier declared void six boxes of votes from predominantly Negro districts after a protest by the segregationist sheriff, “Big Jim” Clark, that he found the boxes unattended.

The voiding of the votes saved Clark—who, with his club-swinging deputies, became a symbol of resistance to racial integration in Alabama during civil rights de-

monstrations in Selma last year—from defeat in his bid for re-election as the Dallas county’s chief law officer. Suit Lodged

The Justice Department claims that Wilson Baker, Selma’s former public safety director, contesting the primary against Clark, should be declared winner. The Assistant United States Attorney-General, Mr John Doar, who is ,in Selma awaiting the committee’s decision with other Federal observers, immediately ordered the suit lodged when the decision was handed down. Second Chance

The 1800 votes from the disputed boxes were counted today and the Government alleges that they would give Baker an assured majority victory. Without them Baker did not gain a majority victory, leading Clark by only 92 votes—insufficient for immediate nomination. Clark now has a second chance of keeping his job in

a run off election on May 31. Clark beat Baker in a run-off four years ago.

The United States AttorneyGeneral, Nicholas Katzenbach, said in Washington that the Government suit seeks to have the committee count all 80 ballot boxes and declare Baker the winner by a majority. The committee’s failure to make such a declaration, he said, deprives voters of the legal right to “have their votes counted and the results of the election declared in ac-

cordance with the votes as cast.”

The complaint said the committee had no authority to withhold its declaration because of a challenge. It says Baker received 1412 votes and Clark 92 in the six contested boxes.

In the total 17,618 poll, Baker gained 8994 votes and Clark polled 7537, a clear majority for Baker. Clark can challenge the results after they are announced and seek to upset them through court action.