Supreme Court Upholds Arizona Voting Laws Against Sec. 2 Voting Rights Challenge in Brnovich

The U.S. Supreme Court issued its opinion today overturning a lower court's decision striking down two Arizona voting laws under Section 2 of the Voting Rights Act of 1965. The two laws the court upheld restricted out-of precinct voting and certain ballot collection activities in Arizona. Many experts view this as a severe weakening of the Voting Rights Act's protections for minority voters. The Court did seem to distinguish its interpretation of Section 2 in this case, from how it is applied in minority vote dilution redistricting map cases. Read the opinion here. The two voting laws at issue require…
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Justice Department Reaches Agreement with the City of West Monroe, Louisiana Under the Voting Rights Act

Justice Department Reaches Agreement with the City of West Monroe, Louisiana Under the Voting Rights Act

The Justice Department announced today that it has entered into a proposed consent decree to settle a voting rights lawsuit with the City of West Monroe, Louisiana. DOJ Press Release: April 15, 2021 The Justice Department’s lawsuit, brought under Section 2 of the Voting Rights Act, challenges the current at-large method of electing the West Monroe Board of Aldermen. Under this agreement, the City of West Monroe will change its method of electing its Board of Aldermen to ensure compliance with the protections of the Voting Rights Act. The proposed consent decree was filed in federal court in conjunction with…
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Civil Rights Groups Issue New Report Detailing Potential Harm to Minority Groups During Redistricting Due to Differential Privacy

Civil Rights Groups Issue New Report Detailing Potential Harm to Minority Groups During Redistricting Due to Differential Privacy

Civil rights groups are raising concerns about the accuracy of the U.S. Census Bureau’s proposed new system for protecting privacy in a report released today. The report raises concerns about how the Bureau's use of differential privacy as evidenced by recent demonstration data, will obfuscate the true population count of minority populations and frustrate compliance with federal (and some state) Voting Rights laws governing the redistricting process. PRESS RELEASE April 5, 2021: Civil Rights Groups Issue New Report Detailing Potential Harm to Upcoming Redistricting Efforts Highlight Concerns About the Census Bureau’s Differential Privacy Methodology (Washington, D.C.) – Civil rights groups…
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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…
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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…
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Redistricting Basics: The Legal Test for Minority Vote Dilution Under the Voting Rights Act

Redistricting Basics: The Legal Test for Minority Vote Dilution Under the Voting Rights Act

This article is an overview of Section 2 of the Voting Rights Act and the legal test to determine how a plaintiff can prove a minority vote dilution claim under the act against a redistricting map. The Voting Rights Act of 1965 (VRA) was enacted in direct response to the unapologetic disenfranchisement of minority voters, particularly in the South. Government-supported attempts to keep minorities from the polls were pursued both out in the open as well as surreptitiously. These practices included poll taxes, literacy tests, restrictive and arbitrary registration practices, white primaries, the threat of violence, actual violence, and ballot…
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Video: Gerrymandering and Reform Explained in 13 Minutes

Video: Gerrymandering and Reform Explained in 13 Minutes

Need a quick primer on gerrymandering and reform? This just-released video produced by CNBC reviews the entire redistricting landscape regarding gerrymandering and reform efforts over the past two decades. All in just 13 minutes. While it makes the case for reform, it does a swell job at describing many topics. Watch it for a succinct description and review of various hot button issues in redistricting including partisan gerrymandering, redistricting commissions, the Voting Rights Act, prison gerrymandering, census data and citizenship. https://www.youtube.com/watch?v=1s6erd5MbEY&feature=youtu.be
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What’s Next in Texas Redistricting

What’s Next in Texas Redistricting

On March 10th a federal district court panel in San Antonio Texas ruled that the State legislature’s 2011 congressional redistricting map was drawn in manner that violated the U.S. constitution.  The court found several districts in the map were the product of intentional racial discrimination and minority vote dilution.  While the ruling was a surprise, considering the case had been drawn out for nearly six years, it was also slightly anti-climactic since the ruling referred to a map that Texas no longer uses as its congressional districts.  The court had drawn an interim map in 2012 after finding that some…
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The Efficiency Gap Visualized Through the Decades

The Efficiency Gap Visualized Through the Decades

The hottest thing in redistricting - if there is such a thing - is undoubtedly the emergence of "Efficiency Gap" analysis, and whether this measurement of how gerrymandered a map is, will receive the imprimatur of the U.S. Supreme Court.  While we wait, The Campaign Legal Center has released this report looking back through the decades to measure the efficiency gap in state legislative and congressional maps.  Their point is that partisan gerrymandering has never been more rampant and excessive than right now, but the charts show other interesting patterns as well.  Read the Report here.
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