Small minority group cannot seek Cumulative Voting as remedy
The Eleventh Circuit: We hold that a protected minority group pursuing a vote dilution claim under section 2 of the Voting Rights Act has no right to relief unless it can demonstrate that, in the absence of the challenged voting structure or practice, its members would have the ability to elect the candidate of its choice. If the group is too small to elect candidates of its choice in the absence of a challenged structure or practice, then it is the size of the minority population that results in the plaintiff’s injury, and not the challenged structure or practice. Accordingly, we conclude that the district court did not abuse its discretion in declining to grant additional relief in this case, because it correctly found that no further relief was available. --Dillard v. Baldwin County Commission (13 July 2004)
The plaintiffs had sought to have the 7-SMD plan converted to a Cumulative Voting plan when the intervenors challenged the SMD plan under the doctrine of Holder v. Hall. Disclosure: I was co-counsel for the plaintiffs when the SMD plan was adopted, but was not involved in the latest round of litigation.