Why A San Antonio Court Will Consider Preclearance for Texas

By EditorSep 25, 2013
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…
Redistricting, Redistricting Litigation, Redistricting Race Rules
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California Plaintiffs find Easier Litigation Route with State Voting Rights Act

By EditorAug 27, 2013
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…
Redistricting, Redistricting Litigation, Redistricting Race Rules, ,
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Persily and Mann Review First Post Shelby Dialogue Among Voting Rights Scholars

By EditorAug 10, 2013
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.…
Redistricting, Redistricting Litigation, Redistricting Race Rules
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Justice Dept. Forced to “Drop the Ball” in Some Local Election Controversies

By EditorAug 06, 2013
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.…
Redistricting, Redistricting Litigation, Redistricting Race Rules, Uncategorized,
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In Malapportionment Claims, Its All About Timing and Context

In Malapportionment Claims, Its All About Timing and Context

By EditorApr 16, 2013
The 2010 census brought good news to Latinos in Pennsylvania. Significant gains where made the Latino population in the Philadelphia area and other regions of the state. This would mean increased representation in the state legislature. Imagine the disappointment when the state elections were held in 2012 under the 2001 reapportionment map. The Legislative Reapportionment Commission had convened and drawn a new state legislative map in 2011, but the state Supreme Court found it constitutionally lacking. With no redistricted map in place, the court allowed the 2001 map to be used for the 2012 state elections.   Some Latino groups…
Equal Protection, Redistricting, Redistricting Criteria, Redistricting Litigation, Strategy and Politics,
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Arizona Redistricting Trial Focuses on Elusive Proof of Partisan Bias

By EditorApr 03, 2013
Paranoia is inherent in redistricting, even when it’s nonpartisan redistricting. A Republican backed legal challenge against the Arizona Independent Redistricting Commission’s state legislative map went to trial last week and paranoia tainted every aspect of the case. The Republican plaintiffs pointed to overpopulated GOP districts versus under-populated Democratic districts as a sign that indeed the commission’s tie-breaking, independent chairwoman was actually a Democratic sympathizer, allowing Democrats on the panel to push through map scenarios favorable to their party.   They claim she never disclosed contributions to a Democratic candidate or her husband’s role as a Democratic strategist. The commission on…
Redistricting, Redistricting Gerrymanders, Redistricting Litigation, Uncategorized
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Smoking Gun in Arizona Redistricting Commission Lawsuit?

By EditorMar 19, 2013
On the eve of a March 25th trial, Republican and Tea Party activists suing the Independent Arizona Redistricting Commission over alleged prohibited partisan considerations in redrawing the state’s legislative map claim to have found damning evidence to prove their case. They have won a last minute request to interview the Democratic party’s interim director after hearing from one Democratic commissioner during a deposition that she “may” have directed the commission’s mapping official to make changes given to her by the party official. Arizona Daily Sun
Redistricting Commissions, Redistricting Litigation
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