2 - Saturday, april 29,2017 - the CAROLINA TIMES Legal rulings could force Texas back into federal oversight By Paul J. Weber AUSTIN, Texas (AP) - A run of legal defeats over its voting laws means Tex as could risk becoming the first state forced back into federal oversight since the U.S. Supreme Court struck down key parts of the Vot ing Rights Act four years ago. The justices’ 2013 ruling struck down a provision in the 1965 law that required Texas and other states with troubled histories of racial discrimination to “pre-clear” any voting law changes with the federal government before enact ing them. However, it left standing a scarcely used provision in the act that mi nority groups are now em bracing as an emergency brake. Under the provision, the preclearance mandate can be restored if a state is found to intentionally discriminate against mi norities. On April 20, a federal court reached that conclusion about Texas for the third time in roughly a month - decisions dealing with its voter ID law and Republican-drawn elector al maps. The possibility of Texas returning to federal over sight is likely still down the road, since more press ing for Democrats now is getting a federal court to order new Texas voting maps for 2018 after racial gerrymandering and voter dilution were found in the ones originally drafted by Republicans in 2011. The latest 2-1 decision by a federal panel in San Anto nio this week found race was used in statehouse re- districting to intentionally “undermine Latino voting opportunity.” New maps could make some congressional Re publicans in Texas more vulnerable in the first mid term elections under Presi dent Donald Trump, and potentially swing seats to Democrats in the Legisla ture, where Republicans currently have overwhelm ing control. But opponents of Texas’ voting laws say they will press courts to again re quire the state to fall under federal “preclearance” be fore changing future voting laws. Similar efforts are also unfolding in North Caro lina, where a voter ID law that was struck down as ra cially discriminatory could be taken up by the Supreme Court early as April 24. “You’ve had now six court rulings that have found intentional discrimi nation,” said Democratic state Rep. Rafael Anchia, who chairs Texas’ Latino legislative caucus. “If that’s not enough to (restore pre clearance), I don’t know what is.” Republican Texas Attor ney General Ken Paxton said this week he is confi dent the state will ultimate ly prevail. His stance is that the recent redistricting North Carolina civil rights center faces conservative ire (Continued From Front)) One lawsuit by the center alleging segregation in Pitt County schools in eastern North Carolina especially rankled Long. County officials told Long they successfully fought it with $500,000 from a textbook fund. “This is outrageous,” he said. “We can not allow academic centers to hire full-time lawyers to sue cities and counties.” The center has represented dozens of North Carolina individuals and groups over the years, often successfully, in fighting social, economic and racial discrimination. Its clients are too poor to afford representation - their targets are often school districts, cit ies, counties, even state government. When Concerned Citizens for Successful Schools in Johnston County sought re cords proving its poor and minority students weren’t getting equal education opportu nities, the local school board balked. Last year the center sued and, within months, the records were delivered. “The center gave our group credibility because we were just a group of concerned citizens,” said member Susan Lassiter. “We are not the ACLU. We are not the NAACP. We are just citizens wanting to improve our schools.” Her group doesn’t have deep pockets and she now worries about finding a civil rights attorney who is experienced in public education law and will work for free. Concerned Citizens of Duplin County, which claimed segregation in a local schools facility proposal, is also bothered by the proposal. Member Johnny Hollingsworth said the center was serving its education mission: “I can’t think of a better way to train new lawyers than through practical, hands-on experience.” The dean of the UNC law school said the center will work only on current cases and not join any new lawsuits for now. All acknowledge the fight’s not about money: The penter isn’t state-funded but runs on grants, foundation money and donations. ■ “The folks pushing this are opposed to the nature of the advocacy that the center does and the issues that people we represent are fighting for,” said center managing attorney Mark Dorosin. Chambers was one of the first blacks attending UNC’s law school, becoming editor of its Law Review and graduating first in his class. He went on to a distinguished career litigating civil rights cases, rising to head the NAACP Legal Defense and Educational Fund for a time. He died in 2013. John Gresham, longtime friend and law partner, said Chambers envisioned a strong advocacy arm in the center because he knew the civil rights struggle wouldn’t end soon, if ever. “He never thought the struggle was over,” Gresham said. “In fact, he worried that a number of things were going backward instead of forward, so Chambers was under no illusion that this was something that was going to be accomplished in his lifetime.” rulings are moot because they pertain to maps that were redrawn by courts be fore ever being used in an election. The original maps were drawn following the re lease of 2010 U.S. Census Bureau figures that showed Hispanics accounting for two of every three new Texas residents in the pre vious decade. Texas GOP legislators bristle at claims they passed a strict voter ID law - which courts have since weakened - and vot ing maps with the purpose of undermining the grow ing electoral power of mi norities. “I disavow that. Did anybody here intend to dis criminate against minori ties when we voted judge appointment (Continued From Front) has fallen in recent years. The bill also would allow more cases to bypass the appeals court and go directly to the state Supreme Court. Cooper’s decision to appoint a jurist who is also gay may help improve relations with gay-rights advocates who were angered when Cooper negotiated a partial repeal of House Bill 2, said Pro fessor Eric Heberlig of the University of North Caro lina at Charlotte. The compromise reached with Republican legislators blocks cities from passing local anti-discrimination ordinances until a month after the next gubernato rial election in 2020. Gay- rights advocates say Coo per should have worked to repeal the entire law. NORTH CAROLINA DURHAM COUNTY PLEASE ENTER MY SUBSCRIPTION FOR ~] 1 year-Durham County -$26..88 2222 1 year-North Carolina - $31.65 1 year-Out of State -$30.00 Mr. Mrs. Ms. Address City State Zip Code Check or Money Order Enclosed Phone No. Bill me within thirty days ( ) - MAIL TO: THE CAROLINA TIMES P. O. Box 3825 Durham, North Carolina 27702 that?” Republican state Rep. Larry Phillips said on the House floor earlier this month. “That’s what we were just told. They were saying we intentionally did that. We had intent to do that. I reject that.” His words were punctuated by applause in the chamber, which Republicans control 95-55. In 2013, the Supreme Court effectively gutted the part of the Vot ing Rights Act under which all or parts of 15 mainly Southern states had been required to submit all voting changes for approval from Washington before they could take effect. That decision, written by Chief Justice John Roberts, said it was no longer fair to subject those jurisdictions to strict federal monitoring based on data that was at least 40 years old. Texas is already home to the first local government forced back under preclearance: a federal judge in January required the Houston suburb of Pasadena to submit voting changes to the U.S. Justice De partment. Michael Li, an elections expert with the New-York based Brennan Center for Justice that helped sue over Texas’ voter ID law, said there have been few preclearance battles like the ones opponents in Texas are now waging. He said courts could wait until Texas appeals the re cent findings of intentional discrimination before weighing whether the state again needs federal supervision. WANTED DBE, WBE & MBE BIDS for the following jobs: NCDOT Division Two DB00338 Pitt Co. Bid Date: May 10th DB00309 Carteret Co. Bid Date: May 10th NCDOT Division Eight DH00240 Scotland Co. Bid Date: May 9th These projects may involve some or all of the following aspects of construction: construction survey, clear and grub, trucking, drainage, milling, paving, incidental concrete, fence and guard- rail, signs, structures, traffic control, utilities, signals, pavement marking, erosion control and seeding Please contact S. T. Wooten Corporation at 252-291-5165, Fax 252-243-0900 no later than 5:00 p.m. the day before the bid date. WANTED DBE, WBE & MBE BIDS for the following jobs: Central Letting C203021 Cumberland Co. Bid Date: May 2nd NCDOT Division Four DD00212 Wilson Co. Bid Date: May 9th NCDOT Division Eight DH00241 Moore Co. Bid Date: May 9th Central Letting C203903 Johnston Co. Bid Date: May 16th C203806 Wake/Franklin Co. Bid Date: May 16th These projects may involve some or all of the following aspects of construction: construction survey, clear and grub, trucking, drain age, milling, paving, incidental concrete, fence and guardrail, signs, structures, traffic control, utilities, signals, pavement marking, ero sion control and seeding. Please contact S. T. Wooten Corporation at 252-291-5165,Fax 252-243-0900 no later than 5:00 p.m. the day before the bid date. IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Ashfield Place Homeowners Associaiton, Inc., a North Carolina Corporation against, Warren Ballentine and Benita Ballentine Owners. Lien Dated: 6/19/2014 Recorded as 14 M 751 in the Office of the Clerk of Superior Court. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 14 SP 734 NOTICE OF SALE Under and by virtue ot the power and authority contained in the Corrective Declaration of Covenants, Conditions and Restrictions, Easements, Charges and Liens for the Ashfield Place Homeowners Association, Inc., and pursuant to the provisions of Chapters 47 of the North Carolina General Statutes, and because of default in the payment of certain assessments secured by a Claim of Lien dated 6/19/2014 and recorded as 14 M 751 and pursuant to the Order of the Clerk of Superior Court for Durham County, North Carolina, entered in this foreclosure proceeding, the undersigned Tina Frazier Pace, Trustee, will expose for sale at public auction on the 5/09/2017, at 2:15 p.m. at the usual and customary place for such sales at the Durham County Courthouse, the following described real property (including the house and any other improvements thereon): All of Lot 123 in ASHFIELD PLACE, Phase 2 and 4A, as shown on a map thereof recorded in Plat Book 165, Pages 10-16 (13), Durham County Registry, to which map reference is hereby made for a more particular description. Commonly known as: 5119 Paces Ferry Drive, Durham, NC 27712 The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owners of the above-described real property as reflected on the records of the Durham County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Warren Ballentine and Benita Ballentine. Pursuant to North Carolina General Statute §45-21.10(b), any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale, a cash deposit of five (5%) of the amount of the bid, or the sum of Seven Hundred Fifty Dollars ($750.00), whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Trustee tenders a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statute §§45-21.30(d) and (e). To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following: a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold; and b. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1,2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provided the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. PLEASE TAKE NOTICE that if you have been granted a Discharge of Debtor pursuant to Section 727 of Title 11, United States Bankruptcy Code, or are currently under the protection of the Bankruptcy Court, then this attempt at collection is not directed to you personally, but is only an effort to secure the property which is subject to the lien of the Association Dues, or in the alternative, is an attempt to collect only post-bankruptcy assessments. This sale will be held open ten (10) days for upset bids as required by law. This the 24 day of April, 2017. Tina Frazier Pace, Trustee NC State Bar No 20968 HATCH, LITTLE & BUNN, LLP 327 Hillsborough Street P. O. Box 527 Raleigh, North Carolina 27602 Telephone: (919)856-3940

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