Since 1972, fourteen blacks have sought county-wide elective office in Gadsden County.
Of these fourteen, only Harold Henderson, a candidate for the Gadsden County School Board in 1978, was successful. The district court found that Henderson's election cast into doubt plaintiff's statistical evidence as well as the claim that the at-large system itself diluted minority votes. The election of a single black, however, is not conclusive evidence that the votes of the minority are not being diluted. While the lower court was correct in focusing upon the present-day situation in Gadsden County, it attached inordinate significance to Henderson's election. In
Zimmer v. McKeithen, 485 F.2d 1297 (5th Cir. 1973) (en banc), aff'd sub nom.
East Carroll Parish School Board v. Marshall, 424 U.S. 636, 96 S.Ct. 1083, 47 L.Ed.2d 296 (1976), the former Fifth Circuit noted the possible divergent explanations for the success of a single black candidate. Such success might be attributable to political support that was motivated by a desire to thwart a successful challenge to the electoral scheme on dilution grounds. Additionally, politicians might find it politically expedient to have a “token” black school board member.
Id. at 1307. Plaintiff's expert witness in this case attributed Mr. Henderson's success to characteristics and qualities belonging exclusively to Mr. Henderson that were not transferable to other black candidates in Gadsden County. Indeed, he found it highly improbable that another black candidate would be successful in Gadsden County under the present electoral system.