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RACE AND THE VOTING RIGHTS ACT IN 2011 TEXAS REDISTRICTINGRedrawing the Maps
Stanford Law School January 28, 2012
Partisanship? Not so much.
Republican v. Democrat is outmoded and not a reflection of reality
Latino population growth and political mobilization pose challenges to non-Latino incumbents and political party leadership of both parties
Start with some context . . .
Texas Population Change 2000-2010
Population Growth in Latino-majority Districts in South Texas
Texas Congressional Plan - DFW
CD26 “Lightning Bolt” by Race
Benchmark: Nueces County House Districts
State Proposed: Nueces County House Districts
State House Plan: “Antlers in El Paso”
“Antlers” Close-up
Failure to Add New “Valley” House Seat
What’s at Stake?
What’s at Stake?
What’s at Stake?
The Texas 3-Ring Circus
Perez v. Perry, challenge to Texas redistricting plans under Voting Rights Act and Constitution
Texas v. U.S., lawsuit filed by Texas seeking judicial preclearance of its redistricting plans under sec. 5
Perry v. Perez, appeal to U.S. Supreme Court challenging court-drawn interim plans
The Big Top
Texas must hold primary elections Texas election law calls for March 6
primaries and start of election process in late October 2011
Urgency for political parties to hold conventions in June, 2012
WDTX drew interim maps to accommodate primary schedule
Remand hearing yesterday and order for agreed maps by February 6
The Continuing Relevance of Race Racially polarized voting in primary and
general elections Non-Latino Democratic incumbents
concerned about losing the primary to a Latino challenger
Non-Latino Republican incumbents concerned about pressure to change policy positions and backlash from the base
Continued fracturing by partisans of both political parties to protect incumbents
Texas Redistricting: Partisanship v. Oppportunity
D leadership opposes Latino-majority CD35 because they don’t want Latinos to nominate a candidate other than a nearby incumbent
Rs gerrymander CD23 because they don’t want Latinos to elect a candidate other than the incumbent
Texas Latinos flexible in partisan affiliation.
Latino Mobilization
Rejection of fracturing to protect non-Latino incumbents of both political parties.
Litigation to enforce the protections of the Voting Rights Act: the opportunity to elect Latino candidates of choice
Recognition that political partisans invoke the VRA to advocate for partisan goals, not well-being of Latino voters
Why the Confusion?
Inability to recognize political mobilization of the Latino community
Distraction of media focus on partisanship instead of voting rights
Low visibility of court proceedings Political party messaging intended to
serve incumbents, not voters Partisans suggest that the VRA has
outlived its utility
Looking to the Future
Greater Latino participation in partisan primaries and associated transformation
Greater participation in general elections and the changing face of elected officials
Changes to political party platforms
THANK YOU
Nina Perales VP for Litigation MALDEF [email protected]