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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Supreme Court Orders Stay in North Carolina Redistricting Case

Supreme Court Orders Stay in North Carolina Redistricting Case

Washington DC - The full text of the order is below:   TUESDAY, JANUARY 10, 2017 ORDER IN PENDING CASE 16A646 NORTH CAROLINA, ET AL. V. SANDRA LITTLE COVINGTON, ET AL. The application for stay of the order of the United States District Court for the Middle District of North Carolina, case No. 1:15-CV-399, entered on November 29, 2016, presented to The Chief Justice and by him referred to the Court is granted, pending the timely filing of a statement as to jurisdiction. Should such statement be timely filed, this order shall remain in effect pending this Court’s action on…
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Texas Three-Judge Court Cites “Voluminous” Record as Reason Why it Will Take Its Sweet Time on Texas Redistricting

Texas Three-Judge Court Cites “Voluminous” Record as Reason Why it Will Take Its Sweet Time on Texas Redistricting

San Antonio, Texas - Its the biggest, most watched redistricting litigation of the decade; but the Texas redistricting case(s) began in 2011 and no ruling has been forthcoming by the federal district court panel tasked to resolve it.  Plaintiff's recently filed a request for the court to make a final decision and the court responded this week with an epic list of just how in the weeds they are with the paperwork.  The judges wrote: "The Court continues to diligently work through this voluminous record and the complex legal questions presented in this case and will issue an opinion as…
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Chief Justice Roberts Requests Response in NC Racial Gerrymandering Case

Chief Justice Roberts Requests Response in NC Racial Gerrymandering Case

North Carolina - A three-judge federal appeals court panel ruled that 28 state legislative districts in North Carolina's 2010 redistricting map were unconstitutional racial gerrymanders that diluted the votes of black and Hispanic voters.  The state has appealed the case to the U.S. Supreme Court, but the lower federal court has already given an order to the North Carolina legislature to start on and finalize a new map for special state elections later in 2017. The Republican-dominated legislature would rather wait and see what the Supreme Court has to say, especially since a newly elected Democratic governor is waiting in the wings.  This…
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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…
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Cumulative Voting for School Board Ordered By Federal Court in Missouri

Cumulative Voting for School Board Ordered By Federal Court in Missouri

Missouri - Late last month a federal district court ended a two year challenge to the Ferguson-Florissant School District's use of at-large elections for its seven member school board.  The court ruled in August, that at-large elections for board members did violate section 2 of the Voting Rights Act.  The court's order requires the school district to use a cumulative voting system with staggered terms and off-cycle elections, preceded by a voter education program, much like the one described in the cumulative voting educational video below. https://youtu.be/L-n_D16bchM  
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