2020 Vision : A Noteworthy Prediction for Redistricting in the Next Cycle

2020 Vision : A Noteworthy Prediction for Redistricting in the Next Cycle

We are just three years into the decade long redistricting cycle that began with the 2010 census. It is a cycle that begins with sorting through winners and losers of the apportionment lottery as some states gain seats while others lose. Next, politics reigns supreme as states redraw political boundaries and proceed with the delicate task of drawing a map that can pass muster both legally and politically. The third phase, which lasts most of the decade, consists of meticulous judicial examination of maps and perhaps usable precedent, just in time for the next round. RealClearPolitics’ Senior elections analyst Sean…
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Why A San Antonio Court Will Consider Preclearance for Texas

The Texas legislature seemed to be moving on from the fight over its 2011 redistricting maps. The Supreme Court mooted the case against its maps in Shelby v. Holder by invalidating section 4 of the Voting Rights Act this past summer. The San Antonio court litigation considering additional claims against the maps from several plaintiffs, has stalled in the wake of the Shelby decision, but not before arranging the creation of new, temporary redistricting maps used for the 2012 election. The temporary maps became permanent after the Texas legislature and governor enacted the court-sanctioned maps. Texas officials would have liked…
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California Plaintiffs find Easier Litigation Route with State Voting Rights Act

Minority plaintiffs seeking redress in the courts to combat various forms of minority vote dilution generally had only sections 2 and 5 of the federal Voting Rights Act to make their case. Section 5 only applies to election law changes and was recently nullified by the U.S. Supreme Court’s June 2013 decision to invalidate its coverage formula, - leaving section 2 as the only feasible option for parties with vote dilution claims; Unless you happen to live in California. The California Voting Rights Act (VRA) passed in 2001, makes it easier on plaintiffs to make the case that a particular…
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Persily and Mann Review First Post Shelby Dialogue Among Voting Rights Scholars

On July 1st, thought leaders in the world of voting rights gathered together at a symposium titled “Voting Rights after Shelby County v. Holder.” Participants included both scholars and practitioners of voting rights law and a thought-provoking discussion ensued exploring the limits of the Shelby decision, the future of the Voting Rights Act and the immediate effects of the decision on voting rights doctrine and practice. The question of the continuing vitality of section 5 of the Voting Rights Act has more than two sides; there are opinions at many different angles, thus the debate is especially nuanced and complex.…
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Justice Dept. Forced to “Drop the Ball” in Some Local Election Controversies

Before June 25, the Justice Dept. had many balls in the air as it negotiated hundreds of preclearance submissions from local jurisdictions covered under section 5 of the Voting Rights Act. These entities seek approval for any and all election changes; from redistricting maps of council districts to polling place changes. The Supreme Court changed all of that when it invalidated the coverage formula for section 5, effectively dropping all of those balls the Justice Dept. had in the air. The resulting mess from the sudden halt of an extensive administrative reporting system is bound to have some unforeseen outcomes.…
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County Commission in Texas Spends Big to Defend Vote Dilution Lawsuit

The Houston area Harris County Commission has run up a $1.3 million bill for redistricting so far as it litigates a vote dilution challenge headed by a Latino member of the council. The county spent over $600,000 on the contested maps and the legal bill to defend this challenge has doubled the tab. The focus of the lawsuit; a majority Hispanic district in the city’s southeast region where that population’s share of the district dropped from 60% to 57.2% under the new map. A federal court heard the case last November. Both sides are still waiting for a decision. Houston…
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