By Stephen Janis and Taya Graham 
Special to the AFRO

The small town of Federalsburg on Maryland’s Lower Eastern Shore for decades used a method of voting that systematically denied African Americans from holding elective office.

This week, the town did something that rarely happens: They issued a formal apology to the residents who had been harmed by that policy.

In what plaintiffs are describing as a landmark settlement, the town agreed to a formal apology which it will frame and display inside city hall. The agreement comes after Black residents, along with the ACLU, had sued the town in 2022, alleging the practice of electing council members “at large” rather than by district had prevented Black residents from being elected.

“The Town of Federalsburg formally acknowledges responsibility and expresses its deep regret for actions and inactions contributing to racial discrimination and exclusion of Black residents, including its use of an election system that prevented any Black person from holding a position on the Town Council over 200 years,” the apology states.

“As officials of the Town, we accept moral accountability for the harm these actions inflicted upon Black residents, their families, and ancestors before them.”

The town has also pledged to annually proclaim Sept. 26, as “Voting Rights Day” to commemorate the historic election of two Black council members. It will also create a Town Unity Committee to foster communications between Black and White residents with an eye to boosting civic engagement and ensuring future elections are conducted fairly. 

Federalsburg is a town of 2,800 residents roughly 30 miles north of Salisbury, Md. It has a four-member town council and a separate mayor’s office. 

Before the lawsuit, city officials were elected at large on odd-numbered years, not by district. The elections were staggered so that each council member was up for reelection every two years. 

Since the town had a slight majority of White residents, a Black councilperson had not been elected in Federalsburg’s roughly 200-year history. 

In 2022, both the ACLU of Maryland and the NAACP, along with several residents, sued the town, arguing the system violated the 1965 Voting Rights Act. The town initially denied the allegations, canceling the 2023 election. 

The suit was settled after U.S. District Court Judge Stephanie Gallagher ruled the city had violated The Voting Rights Act and ordered mediation between the opposing parties. The town then agreed to move to four single-member districts, which led to the election of two Black council members in September 2023.

Carl Snowden, the convener of the caucus of African-American leaders, called the settlement a historic win for the rights of Black voters on the Eastern Shore. 

“I commend the town of Federalsburg for settling this federal voting rights case and ensuring that the Black residents of their municipality will be given opportunities for generations to come to elect representatives of their choice,” Snowden said.

“We are particularly pleased that a permanent plaque will be erected to memorialize this important moment in history.” 

Here is the full apology which will be enshrined in a plaque in City Hall:

“By this writing, the Town of Federalsburg formally acknowledges responsibility and expresses its deep regret for actions and inactions contributing to racial discrimination and exclusion of Black residents, including its use of an election system that prevented any Black person from holding a position on the Town Council over 200 years. As officials of the Town, we accept moral accountability for the harms these actions inflicted upon Black residents, their families, and ancestors before them.

“Black residents have lived in Federalsburg since the Town’s founding in 1823, and today make up a much-valued share of our diverse community. In times past, however, the Town excluded Black residents from full participation in the Town’s political life, working a grave injustice for which we are deeply sorry. As officials and residents of the Town of Federalsburg, we have collective responsibility to build a community based firmly on the principle of equality of opportunity, regardless of one’s race or ethnic origin.

“Through this expression of regret to those who endured race-based hardship and injustice, we seek to turn the page on this shameful history, and to begin a process of reconciliation among all of the Town’s residents. Our deep sorrow for past wrongs inspires our unwavering commitment to build a better future for all Federalsburg residents. Going forward, we pledge to do all within our power to ensure that such injustices never happen here again, and to embrace all residents of our Town in an inclusive and vibrant community.”

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