Alabama Appeals Congressional Map Decision to U.S. Supreme Court

On Friday, Jan 28, the state of Alabama filed a motion for an administrative stay to the U.S. Supreme Court as well as a request for an appeal directly to the court from Monday's ruling of a three-judge federal district court. The panel of judges had enjoined the use of the newly drawn Alabama congressional district map on its finding that the map likely violates Section 2 of the Voting Rights Act. The federal district court panel concluded last week that the congressional map should have 2 majority-Black districts (or districts in which Black voters would be able to choose…
Read More

Alabama Federal Court Blocks Congressional Map on Voting Rights Act Grounds. Gives Legislature 2 Week Deadline

On Monday an Alabama Federal District Court blocked the new congressional map enacted in November of last year. The order gives the legislature 14 days to enact a new map that the court advises should include " either an additional majority-Black congressional district, or an additional district in which Black voters otherwise have an opportunityto elect a representative of their choice." Read the opinion here. Alabama's congressional map has had one majority-Black district since 1992 (District 7), and the map adopted in 2021 retained that district. Plaintiffs had argued that Section 2 of the Voting Rights Act applies in this…
Read More

Illinois Federal Court Rejects Voting Rights Act and Racial Gerrymandering Challenges to Legislature’s State Senate and House Maps

On Thursday, the U.S. District Court for the Northern District of Illinois issued a per curiam opinion rejecting the claims of three groups of plaintiffs in the consolidated cases (McConchie, Contreras, and East St. Louis NAACP) against the state legislative district maps, which the legislature approved in September. The claims included allegations of racial gerrymandering and minority vote dilution in violation of Section 2 of the Voting Rights Act. In regards to the votings rights claims, the court characterized the plaintiff's view of the maps as a failure to "maximize" minority electoral success, and warned that the Supreme Court has…
Read More

Arkansas State House Map Gets Voting Rights Act Challenge in Federal Court

On Wednesday, the Arkansas State Conference NAACP and the Arkansas Public Policy Panel filed a lawsuit against the newly enacted Arkansas State House district map. The suit alleges minority vote dilution in violation of the Voting Rights Act. The case is Arkansas State Conf. NAACP v. Arkansas Bd. of Apportionment. Read the Complaint. PRESS RELEASE DECEMBER 29, 2021 LITTLE ROCK, Ark. — The American Civil Liberties Union, ACLU of Arkansas, Law Office of Bryan L. Sells LLC, and Dechert LLP filed a federal lawsuit today challenging a new redistricting plan for the Arkansas State House of Representatives that would undermine the voting strength of…
Read More
Watch: CNN Interview with UC Irvine Law Professor Rick Hasen Discussing Supreme Court’s Voting Rights Decision in Brnovich

Watch: CNN Interview with UC Irvine Law Professor Rick Hasen Discussing Supreme Court’s Voting Rights Decision in Brnovich

In a CNN interview, University of California Law Professor Rick Hasen, author of the popular Election Law Law Blog, explains his take on the Supreme Court's Brnovich decision regarding Section 2 of the Votings Rights Act of 1965. Also below, is his blog post analyzing the decision shortly after the decision was handed down on Thursday. Read the Brnovich opinion here. https://vimeo.com/570075479/cee7c476e7 ELECTION LAW BLOG: Breaking and Analysis: Supreme Court on 6-3 Vote Rejects Voting Rights Act Section 2 Case in Brnovich Case— A Significant Weakening of Section 2 The Supreme Court, in a 6-3 decision, has severely weakened Section…
Read More
What Will an Updated Voting Rights Act Preclearance Formula Look Like?

What Will an Updated Voting Rights Act Preclearance Formula Look Like?

The U.S. Supreme Court effectively halted administrative preclearance for redistricting maps (as well as other voting changes) for states required to do so under section 5 of the Voting Rights Act (see Shelby County v. Holder). This ended the need for the Justice Dept. to preapprove redistricting maps in TX, Georgia, Alabama, several more states, and some local jurisdictions. While the court did not actually invalidate section 5, it did declare the formula that determines which states are covered under section 5 unconstitutional because it had not been updated for some time. With Democrats in control of Congress and the…
Read More
Highlights of the John Lewis Voting Rights Advancement Act (H.R. 4)

Highlights of the John Lewis Voting Rights Advancement Act (H.R. 4)

During the 116th congress in 2019, the Voting Rights Advancement Act was introduced in the Senate by Senator Leahy. The bill is expected to be reintroduced in some form in the current 117th congress. Below are the highlights of the bill’s provisions as articulated by Sen. Leahy’s office. You can read a more in-depth explanation of the first two points here. creates a new coverage formula that applies to all states and hinges on a finding of repeated voting rights violations in the preceding 25 years. establishes a targeted process for reviewing voting changes in jurisdictions nationwide, focused on measures…
Read More
Listen: Supreme Court Oral Argument in Brnovich Voting Rights Act (sec. 2) Case

Listen: Supreme Court Oral Argument in Brnovich Voting Rights Act (sec. 2) Case

The Supreme Court heard oral arguments Tuesday in Brnovich v. Democratic National Committee, a lawsuit challenging Arizona's out-of-precinct policy on Election Day, which does not count provisional ballots cast in person that were cast outside of the voter’s designated precinct and its ballot-collection law, which permits only certain persons to handle another person’s completed early ballot. The lawsuit contends these laws violate Section 2 of the Voting Rights Act. While redistricting maps are often challenged for minority vote dilution under Section 2 of the Act, this case involves claims of vote denial as opposed to vote dilution and centers around…
Read More
Texas Federal Court Imposes Preclearance on City of Pasadena

Texas Federal Court Imposes Preclearance on City of Pasadena

Pasadena, Texas - The United States District Court for the Southern District of Texas in this ruling invalidated the city's move from an eight-member district redistricting map to a mixed map of six single member districts and two at-large seats for electing its city council.  The court's finding of minority vote dilution (of Hispanic voters) under section 2 of the Voting Rights Act includes an order to subject the city to preclearance requirements, which would mean election officials must clear any future redistricting changes to the Justice Department for approval.  Read the initial case filing by plaintiffs here. There were several…
Read More
Packing Minorities Into Districts. When Is That Ever Okay?

Packing Minorities Into Districts. When Is That Ever Okay?

Washington DC - The Supreme Court will tackle that question today as it hears oral arguments in two redistricting cases.  Both cases are alleged racial gerrymander claims; one orginating from Virginia's state legislative map and the other from North Carolina's congressional district map.  (more…)
Read More