Federal Judge Orders Census Count to Continue Through Oct 31

A U.S. District Judge in the Northern District of California has issued a preliminary injunction that enjoins the U.S. Census Bureau from ending its counting operations on September 30. The order explains that the coalition of plaintiffs - headed by the National Urban League - are likely to succeed in the lawsuit and that shortening the timeframes for data collection and processing by half, necessitate the preliminary injunction. The administration is expected to appeal. Read the order here. While the Census Bureau had originally requested Congress to extend the statutory deadlines for apportionment data delivery to the President and redistricting…
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Texas Appeals Court Rejects Voter ID Law. Sort of

Texas Appeals Court Rejects Voter ID Law. Sort of

Texas - This Wednesday the U.S. 5th Circuit Court of Appeals dealt a major blow to the 2011 Texas Voter ID law which has been in effect now since 2013.  The main legal challenge against this law, which specifies 7 types of photo identification that must be used to register and vote - has been that it violates the Voting Right Act both because it was passed by the legislature with an intent to discriminate against poor and minority voters and because in practice, it has a discriminatory effect on those groups. With respect to the discriminatory effect claim, the…
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Supreme Court Decides “Evenwel” Equal Population Case: Read the Opinion

Supreme Court Decides “Evenwel” Equal Population Case: Read the Opinion

Wash. DC - The Supreme Court just released its opinion in Evenwel v. Abott, a challenge to redistricting based on "total population" versus eligible or registered voters.  Read the pre-decision discussion here. Redistricting expert Nathaniel Persily's brief is here.  Listen to the Supreme Court oral argument here.  The court flatly ruled against requiring redrawn districts to equalize voting eligible populations and noted the founding fathers acceptance of "total population" as an appropriate denominator.  In the words of the Court: "Settled practice confirms what constitutional history and prior decisions strongly suggest. Adopting voter-eligible apportionment asconstitutional command would upset a well-functioning approach todistricting…
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Supreme Ct Preview: Persily Amicus Brief on the One Person One Vote Requirement

Supreme Ct Preview: Persily Amicus Brief on the One Person One Vote Requirement

In this latest Supreme Court case Evenwel v. Abbott, exploring the claim that political redistricting should focus on balancing the number of eligible voters in the population across districts as opposed to total population, several amicus briefs have been submitted by interested parties. None other than Nathaniel Persily; Stanford Law professor and a sought after expert on redistricting has submitted this brief along with several other equally accomplished colleagues in the  voting/redistricting field: Bernard Grofman, Stephen Ansolabehere, Charles Stewart III, and Bruce Cain. Oral argument is scheduled for December 8th. (more…)
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Appeals Court Overturns Lawyer Fees in Texas Redistricting Case

Appeals Court Overturns Lawyer Fees in Texas Redistricting Case

AUSTIN, TX — A federal appeals panel has reversed a decision granting roughly $360,000 in legal fees to lawyers who helped former Democratic gubernatorial candidate Wendy Davis fend off Republican-drawn political boundaries as part of a yearslong court fight over Texas’ redistricting maps. Read more in the San Antonio Express. Read the Opinion here.
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Lawsuit Alleges Prison Gerrymandering in Florida County

Lawsuit Alleges Prison Gerrymandering in Florida County

The ACLU of Florida has launched a salvo against prison gerrymandering. It filed this lawsuit against a Florida county's inclusion of a state prison in its legislative map. The press release is below. March 9, 2015 MIAMI, FL – Today, the American Civil Liberties Union (ACLU) of Florida filed a federal lawsuit challenging an election system in Jefferson County, Florida which counts the inmate population of a state prison in the drawing of district maps. The lawsuit, filed today in the U.S. District Court in Tallahassee, states that by treating the approximately 1,157 inmates at the Jefferson Correctional Institution (JCI)…
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Supreme Court May Resurrect Alabama Legislative Black Caucus’ Equal Population Claims

Supreme Court May Resurrect Alabama Legislative Black Caucus’ Equal Population Claims

The Alabama Legislative Black Caucus' Supreme Court Case was late last year, and focused on whether that state's 2012 legislative redistricting plan was an unconstitutional racial gerrymander. Interestingly, there was a second question presented in the case at the district court level: "whether the 2012 redistricting plans allocate control of local delegations in a manner which violates Equal Protection, effectively denying county residents equal voting rights." This "second" question is actually an equal population challenge, and is based on the redistricting maps' gratuitous breaching of county jurisdiction lines. In Alabama, it is local state legislative delegations that have most of…
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Case Filing: Missouri NAACP v. Ferguson-Florissant School District et. al.

Case Filing: Missouri NAACP v. Ferguson-Florissant School District et. al.

Missouri - Plaintiffs content in this lawsuit filed in December that African-American voters in Ferguson-Florissant are denied the ability to elect candidates of their choice to the local school board because of the existing at-large voting system. "Despite the fact that African Americans are almost half of the School District’s population and are a substantial majority of its students, there has never been adequate representation of African Americans on the Board. At present, the Board has only one African-American member."   They claim that under section 2 of the Voting Rights Act, that the at-large method of voting dilutes minority voting power…
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Case Filing: Harding v. County of Dallas, Texas

Case Filing: Harding v. County of Dallas, Texas

In January, Anglo voters in Dallas County represented by the Equal Voting Rights Institute filed a minority vote dilution claim against the majority minority County Commissioners Court's 2010 redistricting map, which it describes as "dilut[ing] the overall influence of the Anglo minority in Dallas so that, even if cross-over voting allowed an Anglo preferred candidate to win the County Judgeship, Anglos could not obtain control of the Commissioners Court. It did so, even though it meant dividing political subdivisions, and exaggerating the population disparities between CCDs (whether measured by total population or by CVAP) far beyond the ideal distribution." Read…
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Case Filing: Patino v. City of Pasadena

Case Filing: Patino v. City of Pasadena

Voters represented by the Mexican American Legal Defense Fund filed suit this past November claiming minority vote dilution against the City of Pasadena, Texas. At issue is a change in the voting procedures for the eight member city council. Voters in the city recently passed a proposition to change from eight single member districts to a hybrid system of six single member districts and two at-large seats. Plaintiffs claim that this "will reduce Hispanic voting strength and will impede Hispanic voters’ ability to elect candidates of choice in subsequent in Pasadena City Council elections."   Read the Complaint here.
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