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SD23

Lawsuit filed over Senate map

From Texas Redistricting:

[Monday] morning, two Texas voters filed a suit in federal court challenging the state senate map drawn by the Texas Legislature on the grounds that it violated the equal protection guarantees of the Fourteenth Amendment by using total population rather eligible voters to draw districts.

The plaintiffs in the case are backed by the Project for Fair Representation, which also helped back Shelby County’s challenge to section 5 of the Voting Rights Act as well as efforts to overturn affirmative action policies at the University of Texas at Austin.

The Center’s press release announcing the new Texas suit can be found here.

More information here.

What’s at issue?

The plaintiffs argue that the current Texas senate map (Plan S172) must be redrawn using “eligible voters” rather than “total population” – the measure long used by the Texas Legislature – because the latter now results in districts with significantly differing numbers of voters.

By not using eligible voters, the plaintiffs say the Texas Legislature violated the “one-person, one vote” principle of the Constitution’s Fourteenth Amendment by allowing some voters’ votes to count for more than those of others.

Why are there disparities?

In Texas, the major driver of disparities in the number of eligible voters is the high number of non-citizens in parts of the state – mainly its urban and suburban cores. For example, in places like Dallas and Houston, commonly accepted estimates are that around half of adult Hispanics are non-citizens.

Of course, disparities also can exist for any number of other reasons, including higher numbers of children under 18 in fast growing parts of the state or a larger number of people who are unable to vote because of felony convictions.

However, differing citizenship rates are, by far, the largest driver of disparities in the number of eligible voters.

[…]

How would drawing districts using “eligible voters” change the current map?

At present, Texas senate districts have a target population of 811,147 people.

If courts were to require maps to be drawn using some measure of eligible voters, the target size of districts also would change.

For example, although Texas has over 25 million people, its citizen voting age population in the most recent Census Bureau report was estimated to be just 15,583,540. Using CVAP to draw districts would mean that each district would have a CVAP target of 502,695.

That target population would require significant reworking of districts that presently have large Hispanic populations.

In the Houston area, for example, SD-13, represented by State Sen. Rodney Ellis, has a CVAP population of only 419,035, and SD-6, represented by State Sen. Sylvia Garcia, fares even worse with just 377,505 citizens of voting age. Likewise, in the Dallas area, SD-23, represented by State Sen. Royce West, has just 456,955.

Even with permitted deviations from the target population, these districts would need to add population, mostly likely by drawing from neighboring Anglo-dominated districts. Though those people might or might not be Anglo, the need to add large numbers of people mean the demographics and electoral performance of the districts could change materially. In fact, the need to add people might very well jeopardize the protected status that those districts currently enjoy under section 2 of the Voting Rights Act.

In other words, this could be a very big deal not only for Hispanics but also potentially African-Americans.

There could be practical impacts as well for legislators since urban districts would likely end up with far greater numbers of total people – who, although they might not be able to vote, still have need for constituent services – and be much larger physically as well.

Wasn’t there a similar case recently about the same issue?

Yes. In fact, it involved many of the same players.

In Lepak v. City of Irving, the lawyers in the Texas senate case – also backed by the Project for Fair Representation – represented Irving residents in arguing that the city’s new single-member council district map was unconstitutional because it had been drawn using total population rather than CVAP.

Both the district court and the Fifth Circuit ruled against the Irving plaintiffs, citing the Fifth Circuit’s ruling in Chen v. City of Houston, which held that the question of whether to use total population or CVAP was a political question and thus not reviewable by courts.

The Irving plaintiffs sought to have the decision reviewed by the Supreme Court, but the high court declined last April to take the case.

However, the Texas senate case potentially represents another opportunity to have the Supreme Court take up the issue since any appeal would go directly to the Supreme Court as a matter of right.

More background on Lepak here.

There’s more at the link, but basically this is a nuisance action being brought by some professional grievance-mongers. It would serve them right not only to have the case dismissed with prejudice, but also to be assessed full court costs and attorneys’ fees for wasting everyone’s time. The Observer and Rick Hasen have more.

Population growth by legislative district

Some nice work by the Trib here.

Our new interactive map visualizes population changes by district for the total population and residents who are of Hispanic origin. These totals are especially important now given that lawmakers are preparing to redraw these districts based on their growth, demographics and election histories.

The data behind the map reveal some interesting trends. As we’ve seen, suburban areas around Texas’ largest cities saw the robust growth in the Hispanic population — both in raw totals and rate. That means suburban representatives — most of whom are Republicans — are seeing an influx of potential voters from a group that has traditionally favored Democrats.

You can see the map here. As a companion to that, bookmark the Texas Legislative Council’s redistricting page, in particular the ones that show election returns by Senate and House districts.

That serves nicely as a lead in to this Trib story about the challenges the mapmakers will face, and who’s in for a rough couple of months while they’re working it all out.

In any conversation about who is vulnerable in the redistricting process, the four freshmen from West Texas always rise to the top of the list. Sure enough, when the census numbers came out, that part of Texas lagged behind the state’s overall growth; there aren’t enough people there to justify the number of state representatives in the Legislature. Two will have to go. It’s not at all clear this early who’ll be on the list, but two things stand out. State Rep. Warren Chisum, R-Pampa, is interested in running for the Texas Railroad Commission and won’t be back, so that seat will be easy to delete. And of the four Republican freshmen, Rep. Jim Landtroop of Plainview is the least well-anchored. Rep. Walter “Four” Price is based in Amarillo, and John Frullo and Charles Perry call Lubbock home. Only 22,194 people live in Plainview, and the 16-county district is spread out like a crucifix that reaches from north of Lubbock to south of Midland.

Parties and friendships aside, it’s an easy district to cut up.

Or look at Tarrant County, where Sen. Wendy Davis, a Fort Worth Democrat, is completely surrounded by Republicans, two of whom need to add people to their districts. Her seat isn’t a district protected by the federal Voting Rights Act — it voted for Republican John McCain in the 2008 presidential election — and she’s a Democrat in a legislative body in which Republicans would gain solid control by flipping a couple of seats to their side. Like Landtroop, she’s got time to negotiate, and a district that will require her to be good at it.

Or look at U.S. Rep. Blake Farenthold, R-Corpus Christi, a freshman who surprised Democrats and Republicans alike when he beat U.S. Rep. Solomon Ortiz, D-Corpus Christi, in the November elections. Texas gets four new U.S. congressional seats in 2012, and Latinos are pushing for at least one in South Texas. Farenthold’s district isn’t stable ground for a Republican and could easily be affected by changes in the lines nearby. And he’s a freshman at a time when it would be more useful to be an incumbent.

I think it’s a little early to state unequivocally that Chisum won’t be back, since we don’t know for sure that there will be an elected Railroad Commission for him to try to join. As for Davis, I’ll just note that you can say basically the same thing about one of her neighbors, State Sen. Chris Harris, whose district in 2008 was actually a tiny bit more Democratic than Davis’ was:

SD Senator McCain Cornyn Williams Wainwright ================================================== 09 Harris 51.9 52.6 50.7 49.6 10 Davis 52.1 52.1 50.4 50.2 16 Carona 51.7 54.6 53.1 50.2

Harris is between Davis and Democratic Sen. Royce West in SD23, with Sen. John Carona’s SD16 just touching his district to the northeast. Davis’ district actually has the most people in it of those four – she has 834,265, which by my count is the 12th-most populous Senate district overall; Harris has 807,907; West 749,622; Carona 641,007; his is the least populated Senate district, and was the only one to decrease in number. I’m not saying she has nothing to fear, just that as always with redistricting, you can’t look at any one district in isolation. What happens to her will affect everyone around her, and just as Travis County could not sustain three Republican House districts after 2002, it’s not at all clear to me that Dallas and Tarrant Counties can sustain having only one Democratic Senate district.

Anyway. Maps! They’ve got ’em, we like ’em, go look at ’em and see what you think. Robert Miller has more.