Lawsuit filed against Harris County redistricting

Hot off the presses, here’s a release from CM Ed Gonzalez:

Today, Council Member Ed Gonzalez joined as a plaintiff in a lawsuit versus Harris County over the proposed Commissioners Court redistricting map.

“The proposed map cracks communities of interests and dilutes the voting strength of Latinos in Precinct 2. Despite the fact that Latinos drove the overwhelming growth of the population since the last census and now constitute over 40% of the population in Harris County, Latinos are poised to lose the only seat on Commissioners Court where they have an opportunity to elect a representative of their choice,” said Council Member Gonzalez.

He followed, “The inclusion of a suburban community, Kingwood, into Precinct 2, is neither necessary nor justified. Alternate maps have been drawn by members of the community that show that it is possible to increase the population and voting strength of Latinos in Precinct 2 without adversely impacting neighboring Precincts from electing a representative of their choice.”

“We need a map that is representative of the County and that is fair for Latinos,” concluded Gonzalez.

CM Gonzalez was one of several plaintiffs, as was CM James Rodriguez. You can see a copy of the complaint here, which was filed in federal court. Here’s what the suit asks from the court:

WHEREFORE, Plaintiffs respectfully pray that this Court:

1. Assume jurisdiction of this action.

2. Issue a declaratory judgment, pursuant to 28 U.S.C. §§ 2201 and 2202 and Federal Rules of Civil Procedure Rule 57, declaring that the Plan for Harris County’s Commissioners’ Court boundaries: (1) dilutes the voting strength of minority voters in violation of Section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973, and in violation of the Equal Protection Clause; (2) is an unconstitutional gerrymander in violation of the First and Fourteenth Amendments to the United States Constitution and Article I of the United States Constitution; and (3) cannot be administered pursuant to Section 5 of the Voting Rights Act, as amended, 42 U.S.C. § 1973c.

3. Issue a declaratory judgment, pursuant to 28 U.S.C. §§ 2201 and 2202 and Federal Rules of Civil Procedure Rule 57, declaring that Harris County’s voter registration activities: dilute the voting strength of minority voters in violation of Section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973, and in violation of the Equal Protection Clause.

4. Issue a declaratory judgment, pursuant to 28 U.S.C. §§ 2201 and 2202 and Federal Rules of Civil Procedure Rule 57, declaring that the voter registration practices in effect since the adoption of the Settlement Agreement are void and that any effort to give them effect must only occur is preclearance is granted.

5. Issue preliminary and permanent injunctions enjoining the Defendants, their agents, employees, and those persons acting in concert with them, from enforcing or giving any effect to the proposed boundaries as drawn in the Plan, including enjoining Defendants from conducting any elections for the Commissioners’ Court based on the 2011 Plan.

6. Issue preliminary and permanent injunctions enjoining the Defendants, their agents, employees, and those persons acting in concert with them, from enforcing or giving any effect to the unlawful voter registration practices.

7. Make all further orders as are just, necessary, and proper to ensure complete fulfillment of this Court’s Declaratory and injunctive orders in this case.

8. Issue an order requiring Defendants to pay Plaintiffs’ costs, expenses and reasonable attorneys’ fees incurred in the prosecution of this action, as authorized by the Civil Rights Attorneys’ Fees Awards Act of 1976, 42 U.S.C. § 1988

9. Grant such other and further relief as it seems is proper and just.

Dated this 5th day of August, 2011.

I am greatly intrigued by the reference to the 2008 lawsuit against Harris County and then-Tax Assessor Paul Bettencourt, which alleged that thousands of voter registration forms were illegally rejected. I’m glad to see this get litigated again, because by all reports I’ve heard the underlying problems have continued. We’ll see how this goes.

UPDATE: David Ortez and Stace have more.

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• Emmett calls for “elections czar”
• Harris County to sue over those two new election laws
• Supreme Court rejects mandamus over Commissioners Court redistricting