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November 1, 2008

Election-day observers from DOJ

The Washington Post's Trail blog reports: The Civil Rights Division of the U.S. Department of Justice will send 800 federal observers and justice department staff to 59 jurisdictions in 23 states on Election Day to monitor polling places and elections.

Jurisdictions will include Chesterfield County, Va., which had ballot shortages and delays during the presidential primary that received nationwide attention during Congressional hearings earlier this fall, when voters said the problems cost them a chance to cast ballots.

In 2004, 1,090 observers traveled to 25 states for Election Day. During the deadlocked 2000 election, there were 317 observers watching for problems.

The department is required to monitor polling places covered by the Voting Rights Act or related court orders. In addition, its Civil Rights Section will send watchers to counties in several battleground states.

In September, in response to concerns about voter intimidation raised by numerous civil rights and voting rights groups, the department agreed not to use criminal prosecutors as elections observers, as had been done in the past with observers from U.S. Attorneys' offices. -- Justice Dept. Will Send 800 Monitors to Polls | The Trail | washingtonpost.com

Note: the story has a list of counties with federal monitors.

October 28, 2008

Alabama: DOJ sues (and settles with) City of Calera for violation of VRA (court docs attached)

The Birmingham News reports: The federal government filed a lawsuit against the city of Calera in U.S. District Court, alleging the city's new voting boundaries violate the Voting Rights Act of 1965. ...

The lawsuit says Calera's new voting districts, which eliminated the city's sole mostly minority district, were not approved before the municipal elections. The Justice Department has said the new boundaries may be unfair to minorities.

The lawsuit confirms that the newly elected officials in Calera will not be able to take office on Monday, unless the districts are approved before then. The sitting mayor and council will remain in office until the lawsuit is resolved. ...

During a recent meeting, Ellis told city officials the Justice Department does not trust the population and race data submitted by Calera. The Justice Department has asked the city for more specific information. -- U.S. government sues Calera over voting districts - al.com

The article does not explain that the City has entered into a consent decree. Both the complaint and the consent decree are attached.

October 15, 2008

North Carolina: SCOTUS hears arguments in Bartlett v. Strickland

The New York Times reports: The Supreme Court returned Tuesday to the question of how to take account of race in drawing election districts, hearing arguments in a case that is likely to resolve a question the court has left open five times: Must a minority group constitute a majority in a given district before an important protection of the federal Voting Rights Act kicks in?

Christopher G. Browning Jr., North Carolina’s solicitor general, defended the decision of officials there to violate a state law in order to create a district that included about 39 percent of the black voting-age population, saying the Voting Rights Act required the creation of the district to prevent the dilution of the minority group’s ability to elect a representative of its choice.

The fact that the district did not include a majority of black voters was a virtue, Mr. Browning said. True, he said, minority voters would be able to elect a representative of their choice only with the aid of voters from other groups. “Coalition districts help us in reaching the point where race will no longer matter,” Mr. Browning said. -- Justices Weigh Race in North Carolina Case - NYTimes.com

The Washington Post also reports on the case: The court's decision will affect the redrawing of political lines after the 2010 census and is of particular concern to civil rights leaders and the Congressional Black Caucus. Nearly half of the caucus's members were elected from coalition districts, and some worry that redistricting could threaten them or future black candidates if states do not fear lawsuits over reapportionment decisions.

If yesterday's oral argument is any indication, the court may be moving in a different direction. Several conservative justices indicated support for maintaining the "50 percent rule" supported by most lower courts -- that vote-dilution lawsuits can be filed only when minorities can show that they would constitute more than half the population if the district in question were redrawn again.

Justice Antonin Scalia said North Carolina's position would lead to more litigation and "inject" the courts "into this very political game much more frequently than we now are."

Chief Justice John G. Roberts Jr. said the success of coalition districts in electing black candidates "would be evidence that the Voting Rights Act has succeeded, rather than evidence that you need to apply it more broadly."

Justice Anthony M. Kennedy, often the deciding vote when the court splits along ideological lines, sarcastically referred to coalition districts as a "brave new world" where "race is the key factor" in drawing political lines. -- Justices Hear Voting Rights Case

October 8, 2008

Alabama: Supreme Court dismiss Riley's appeal

The Birmingham News reports: The picture of who will represent District 1 on the Jefferson County Commission became crystal clear for the first time in a year following a U.S. Supreme Court ruling this week in the last lawsuit over the issue.

George Bowman will remain in office until after the Nov. 4 election results are certified, lawyers in the case said Tuesday. Then William Bell will take over.

Bell, a Birmingham city councilman, is the sole candidate for the commission seat on the Nov. 4 ballot. Bell's term will end in 2010, when all five commission seats go before voters.

On Monday, the U.S. Supreme Court dismissed an appeal filed by Gov. Bob Riley in a lawsuit challenging his right to appoint Bowman to the commission. -- William Bell to take office after Nov. 4 - al.com

September 8, 2008

Texas: the NAMUDNO challenge to the Voting Rights Act docketed in Supreme Court

SCOTUSblog reports: Urging the Supreme Court to curb Congress’ powers to enforce the voting rights declared by the Constitution’s Fifteenth Amendment, a public utility district in Texas on Monday filed a sweeping challenge to the constitutionality of the extension of the federal Voting Rights Act’s long-controversial Section 5. In an appeal that will require five Justices to resolve, the district filed in Northwest Austin Municipal District Number One v. Mukasey. ...

“The Court should find,” the appeal argued, “that the 2006 enactment of Section 5, which consigns broad swaths of the Nation to apparently perpetual federal receivership based on 40-year-old evidence, fails” the Court’s strict test for judging congressional authority to implement the Reconstruction-era Amendments. That test is whether a federal law to enforce one of those Amendments is “congruent” with and “proportional” to the problem Congress addressed — a test that the Court adopted for reviewing laws passed under the Fourteenth Amendment. -- Court asked to strike down vote law

The post has links to the JS and the decision below.

September 2, 2008

House Judiciary Committee hearing on the Voting Sction next week

The Legislative Calendar of the House Judiciary Committee lists a hearing on "Voting Section of the Civil Rights Division of the U.S. Department of Justice Preparation for the 2008 Election." It is set for 9:30, Tuesday, 9 September.

You may be yawning now, but note that the subcommittee includes Rep. Artur Davis, one of the best cross-examiners I have seen in Congress.

Hat-tip to Gerry Hebert for the information.


August 28, 2008

Alabama: an example of holding an election without preclearance

A Birmingham News report begins: Winners in Tuesday's municipal election in Calera may not be able to take office if the U.S. Justice Department doesn't approve a 2008 redistricting plan before November.

In addition, runoffs between mayoral candidates Bobby Joe Phillips and Jon Graham and District 4 council candidates David Bradshaw and Brad Frasure may not take place in October, city attorney Frank "Butch" Ellis said Wednesday.

The problem stems from a redistricting plan the city submitted to the Justice Department early this year, Ellis said. There was no single district that had a majority of black voters in that plan, he said. "That's the basis of (the Justice Department's) refusal to approve. They think we should have done more to ensure continued black representation," he said. -- Calera's municipal election winners may not be able to take office - al.com

August 7, 2008

Alabama: 3-judge panel requested in Section 5 suit

The Birmingham News reports: A panel of three federal judges will decide a lawsuit to block the election to fill the District 1 Jefferson County Commission seat.

In a hearing Wednesday at the Hugo Black Federal Courthouse, Judge L. Scott Coogler said a panel will be chosen quickly.

The suit, filed on behalf of Birmingham resident Doris Powell, calls the election improper without clearance from the U.S. Justice Department. The suit seeks to block the election unless federal approval comes by Sept. 14, the deadline for county election officials to send ballots to the printer. -- Federal panel to hear latest District 1 lawsuit that seeks to block election for Jefferson County commission seat- al.com

Disclosure: Jim Blacksher and I represent the plaintiff in this case.

August 6, 2008

Grand jury subpoenas Schlozman and von Spakovsky

Huffington Post reports: A federal grand jury has subpoenaed several former senior Justice Department attorneys for an investigation into the politicization of the Department's own Civil Rights Division, according to sources close to the investigation.

The extraordinary step by the Justice Department of subpoenaing attorneys once from within its own ranks was taken because several of them refused to voluntarily give interviews to the Department Inspector General, which has been conducting its own probe of the politicization of the Civil Rights Division, the same sources said.

The grand jury has been investigating allegations that a former senior Bush administration appointee in the Civil Rights Division, Bradley Schlozman, gave false or misleading testimony on a variety of topics to the Senate Judiciary Committee.

Sources close to the investigation say that the grand jury is also more broadly examining whether Schlozman and other Department officials violated civil service laws by screening Civil Rights attorneys for political affiliation while hiring them. -- Justice Department Subpoenas Its Former Lawyers In Civil Rights Probe

August 1, 2008

Alabama: judge asked to expedite new Jefferson County suit (court doc attached)

The Birmingham News reports: A lawyer asked a federal judge on Thursday to fast track a lawsuit contending the Nov. 4 election for a Jefferson County Commission seat is illegal without prior federal approval.

U.S. District Judge L. Scott Coogler was assigned to the case Thursday, minutes after another judge withdrew.

The suit was filed Tuesday by voting-rights lawyer Ed Still on behalf of a District 1 voter. It seeks to block the court-ordered vote for the county commission's District 1 seat unless the U.S. Justice Department clears the election by mid-September.

The state Attorney General's Office filed the clearance request with the Justice Department on Monday. But Still does not expect a decision before Sept. 15, the deadline for ballots to go to the printer for the Nov. 4 general election. -- Judge asked to fast track suit contending Nov. 4 election for Jeffco Commission seat is illegal without federal approval- al.com

The motion is attached.

July 31, 2008

Alaska: federal court orders state to provide ballots in Yup'ik (with court doc)

The federal court in Alaska has entered an order requiring the State of Alaska to --

1. Provide mandatory poll worker training.
2. Hire a language assistance coordinator fluent in Yup’ik.
3. Recruit bilingual poll workers or translators.
4. Provide sample ballots in written Yup’ik.
5. Provide pre-election publicity in Yup’ik.
6. Ensure the accuracy of translations.
7. Provide a Yup’ik glossary of election terms.
8. Submit pre-election and post-election progress reports.

The order is attached. Thanks to Neil Bradley for sending this to me.

July 30, 2008

Alabama: new suit over Jefferson County commission vacancy (court doc attached)

The Birmingham News reports: A voter in Jefferson County Commission District 1 filed a federal suit Tuesday asking judges to block the court-ordered Nov. 4 vote for the commission seat unless the election is cleared by the U.S. Justice Department.

The suit, filed on behalf of Doris Powell, said the planned election is improper without clearance by the U.S. Justice Department under the Voting Rights Act because it represents a change in county voting law.

The suit asks for a three-judge panel to block the election unless Justice Department approval comes in by Sept. 14, the deadline for county elections officials to send the ballot to the printer.

"We want an election to be held that is valid under federal law," said Powell's lawyer, Ed Still. "If they can get preclearance in time to print the ballot, that will be fine. But we don't think that's going to happen." -- Judges are asked to block Nov. 4 election unless cleared by the U.S. Justice Department- al.com

Note: James Blacksher is my co-counsel. The complaint is attached.

July 29, 2008

"Emergency Voting Changes"

John Tanner (of the Justice Department) has an article in the latest Alabama Lawyer on Emergency Voting Changes. By the way, the picture at the bottom of page 295 is not John Tanner.

July 23, 2008

Alabama: Section 5 case, motion to dismiss or affirm filed in US Supreme Court

This morning, my co-counsel and I filed the Motion to Dismiss or Affirm the appeal of Gov. Riley in Riley v. Plump, No. 07-1460, U.S. Supreme Court. The questions presented are:

1. Whether this Court lacks jurisdiction over the present appeal because appellant’s notice of appeal was untimely filed.

2. Whether section 5 of the Voting Rights Act, 42 U.S.C. § 1973c, requires preclearance when a covered jurisdiction enacts a statute repealing its preexisting law mandating special elections to fill vacancies on a county governing body and replaces it with a provision providing for temporary gubernatorial appointment.

In this case, Gov. Riley argues that this case is covered by the Court's recent decision in Riley v. Kennedy, but our brief shows this case falls squarely within the “routine consequence of § 5” that a state must “administer a law it has repealed,” unless and until it receives preclearance of the new law. Riley v. Kennedy, 128 S. Ct. at 1986.

We also submitted this letter to the Clerk to inform him of additional developments in the case.

July 17, 2008

Alabama: Foley will not allow annexed residents to vote in city council election

The Mobile Press-Register reports: This south Baldwin city will advance to the Aug. 26 municipal election using districts drawn in 2004, according to a vote by elected leaders this week.

That means more than 1,000 residents who live within 74 areas that have been annexed into Foley since 2004 won't be able to vote in City Council races as the five council districts' borders were established before the properties were part of the city.

Residents in those areas will, however, be able to vote in the mayoral race between incumbent John Konair and challenger James Wood.

The City Council voted unanimously to move forward with that plan after Koniar told officials at a special 5:30 p.m. Tuesday meeting that as of that afternoon, the U.S. Department of Justice hadn't approved the proposed 2008 map. That left city leaders no choice but to use the already approved 2004 map, Konair said. -- Districts from 2004 to be used for voting- al.com

June 30, 2008

Alabama: "History is a gift from man who lived it"

The Montgomery Advertiser reports: It isn't often that young people have an opportunity to learn history from someone who actually lived it.

That's what Montgomery youngsters got Friday afternoon at the Lowndes County Interpretive Center where civil rights lessons are learned every day.

Joseph Glover kept boys and girls from the Houston Hill Summer Camp spellbound, telling them what it was like to live in a tent for 21/2 years.

He and sharecropper relatives were forced off land they had tilled for years after owners of the property punished them for taking part in efforts to register to vote. -- montgomeryadvertiser.com | Montgomery Advertiser

June 21, 2008

Alabama: DOJ asks for more information on redistricting, city ponders how to hold elections without preclearance

Baldwin County Now.com reports: A letter from the U.S. Department of Justice Civil Rights Division concerning Foley’s recently submitted redistricting plan has raised questions for now about the upcoming municipal election slated for Aug. 26.

Indeed, who would run the city should a mayor and council be prevented by the Justice Department from taking office is one of the points now being researched, according to City Administrator Perry Wilbourne.

Wilbourne, in comments made Thursday, said the city received a four-page, 11-point letter from the Justice Department on Monday afternoon, June 16, a letter he saw for the first time on Tuesday.

“Each will require a response from us,” said Wilbourne of the 11 points.

“This is where they’re questioning the (redistricting) plan, they’re then asking us to explain more of the methodolgies.” -- Municipal election up in air over redistricting - Baldwin County NOW - A Gulf Coast Information Source for South Alabama

June 20, 2008

Alaska: native groups sue for Yup'ik-language voting materials

Indian Country Today reports: Plenty of attention has been paid to the importance of the Native vote this election season, but less scrutiny has focused on whether American Indians - especially those who are largely proficient in their tribal languages over English - have been given sufficient resources to understand ballots and other election materials.

The issue is reaching a boiling point for members of four tribal communities in Alaska, who are currently arguing in federal court that state and local election officials haven t provided them with effective oral language assistance and voting materials in their traditional Yup ik language. Yup ik is the primary form of communication for Natives in the Bethel, Alaska, region.

The American Civil Liberties Union and the Native American Rights Fund, both of which are representing the Native plaintiffs in the case, say that with the exception of two poorly translated radio ads in 2006, no other election information has been provided to date in the Yup ik language. ...

The Alaska Natives filed a motion in Alaska U.S. District Court in May, arguing that election officials have violated provisions of the Voting Rights Act. In mid-June, the court scheduled a hearing before a three-member judge panel in July to determine the validity of the plaintiffs claims. -- Not speaking our language : ICT 2008/06/20

June 2, 2008

Texas: suit filed against at-large voting in Irving school district

The Dallas Morning News reports: An unsuccessful school board candidate filed a federal lawsuit today alleging that the Irving school district’s system of at-large elections for trustees violates the law by denying representation to the school district’s Hispanic citizens.

Manuel Benavidez, who twice ran unsuccessfully for a place on the Irving school board, is the named plaintiff in the lawsuit, which was filed by attorneys for the Dallas firm Bickel & Brewer. The named defendants are Irving ISD and its seven elected trustees. -- Voting lawsuit filed today against Irving school district | Denton Record-Chronicle | News for Denton County, Texas | Latest News

Note: the case is not on Pacer yet. If anyone has the complaint, please email it to me for posting.

Civil Rights Commission to review DOJ plans for 2008 presidential election

From a press release of the Commission: The U.S. Commission on Civil Rights will be holding a briefing to review Department of Justice plans to monitor voting rights enforcement for the 2008 U.S. Presidential election. Among the topics expected to be addressed are voting registration issues, the best ways to address claims of voter fraud and voter intimidation, and the overall proper role of the Department of Justice in election matters.

The panelists include: Christopher Coates, Chief of the Voting Rights section of the Department s Civil Rights Division; William Welch, Chief of the Public Integrity Section of the Department s Criminal Division; Daniel P. Tokaji, Associate Professor of Law at the Ohio State University s Moritz College of Law, and the Associate Director of Election Law @ Moritz; Hans von Spakovsky, former FEC Commissioner and Former Counsel to the Assistant Attorney General for Civil Rights; and Paul F. Hancock, a partner with the law firm of Kirkpatrick & Lockhart Preston Gates Ellis, LLP and former high-ranking career attorney with the Civil Rights Division. -- Civil Rights Commission to Examine U.S. Department of Justice Plans to Monitor Voting Rights Enforcement for the 2008 U.S. Presidential Election

Alabama: DOJ observers in Perry County for primary

AP reports: The Justice Department is sending federal observers to Perry County in west Alabama to monitor the primary election Tuesday.

The Justice Department announced Monday that its observers will ensure compliance with the Voting Rights Act of 1965 and other federal voting rights laws. -- Justice Department monitoring primary Tuesday in Perry County in west Alabama | TimesDaily.com | Times Daily | Florence, AL

May 31, 2008

Alabama: roundup of blog commentary on Riley v. Kennedy

Janai Nelson, "Chipping Away at the VRA One Court Decision at a Time," Talking Justice

Anita S. Krishnakumar, "The 'Mischief Rule' Rule and the VRA in Riley v. Kennedy," Concurring Opinions

Lee P, " U.S. Supreme Court vindicates Riley, King," A Bama Blog

Will Bardwell, " Not-So-Educated-After-All Thoughts On Riley v. Kennedy," WillBardwell.com

Rick Hills, "Civil Rights Lawyers' Ignorance of Local Government Law," Prawfsblawg plus comments by Sam Heldman

Texas: NAMUDNO loses on challenge to Sec. 5 of Voting Rights Act

The New York Times reports: A special three-judge court ruled Friday that Congress acted constitutionally when it extended the law requiring sections of the country with a history of racial discrimination to get federal approval for any changes in voting procedures.

The unanimous decision upheld a central provision of the Voting Rights Act, which Congress initially passed in 1965 and has extended several times since, most recently for 25 years in 2006. Section 5 of the law prohibits several states, mostly in the South, and some local government agencies from changing their election practices without permission from the Justice Department or the courts.

Each renewal of the law has been followed by a legal challenge from some state or local agency to this “preclearance” requirement. The latest challenge was undertaken by the board of a public utility near Austin, Tex., which said the requirement conferred a “badge of shame” over “conditions that existed 30 or more years ago but have long since been remedied.”

The Northwest Austin Utility District argued that Congress lacked sufficient evidence of racial discrimination to justify the intrusion on state sovereignty. -- Court Upholds Key Provision of the Voting Rights Act

The opinion is available here.

May 30, 2008

Alabama: summary of Riley v. Kennedy opinion

Thomas Haymore writes on SCOTUSblog: With a “preclearance” mechanism requiring Justice Department approval before a state may “enact or seek to administer” any changes in “any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting,” Section 5 of the Voting Rights Act has generated its fair share of public debate and legal challenge. In a carefully worded and consciously narrow opinion, the Court this week in Riley v. Kennedy, by a 7-2 vote, carved out an exemption from § 5 coverage, although the technicalities of the fact-specific ruling limit the reach of the opinion. -- Opinion Recap: Riley v. Kennedy

May 29, 2008

Alabama: Supreme Court reversal may net Chastang back pay

The Mobile Press-Register reports: If Juan Chastang gets his Mobile County Commission seat back, it will almost certainly be a temp job but it also could net him tens of thousands of dollars in back pay, a commission attorney said.

The current District 1 commission term expires in November, and Chastang has already missed the April deadline to run for the seat this fall as a Republican, said Mark Erwin, a commission attorney who is also the head of the local GOP. For Chas tang to get his NAME on the ballot, he would need to fill out paperwork to run as an independent and round up thousands of signatures by 5 p.m. Tuesday. He could also run a write-in campaign.

Even if Chastang only takes office for a few months, though, it could be worthwhile because he might be eligible to receive back pay totaling more than $75,000, Erwin said. -- Chastang could be owed back pay- al.com

May 28, 2008

Alabama: Governor crows over small "victory" in Supreme Court

The Birmingham News reports: The ability of Alabama s governor to fill a vacancy on the Mobile County Commission was strengthened by the U.S. Supreme Court Tuesday, but the decision will not stop a similar legal battle over a seat on the Jefferson County Commission.

While the two cases are not identical, they both pit Alabama s Republican governor - who wants to be able to appoint commissioners to certain vacancies - against local Democrats - who prefer special elections by the voters. They also highlight the continued, controversial effect of the Voting Rights Act on the state.

The U.S. Supreme Court, in a 7-2 decision, said Gov. Bob Riley s hand-picking of a new Mobile commissioner did not need to be reviewed by the federal government because it was simply a return to previous law, not a change to election procedures. In the opinion, written by Justice Ruth Bader Ginsburg, the court overturned an earlier ruling that Riley s appointment was invalid.

Riley's office called it a "landmark victory" and said they were reviewing how it would play out in Mobile County, where Juan Chastang was appointed by Riley in 2005 but then lost a special election last year. ...

But Democrats were not willing to concede that the Mobile decision would upend Bell's election.

On the contrary, their lead attorney noted Tuesday that Ginsburg herself described the Mobile decision as "narrow," and that the legal history in Jefferson County is different than in Mobile. Birmingham lawyer Edward Still also called Emerson's statement "far-fetched."

"He just won a technical knockout, that's all," Still said. -- Riley wins U.S. Supreme Court decision in Mobile, but Jeffco case continues- al.com

May 23, 2008

Texas: LULAC suit against Texas Democratic Party dismissed (updated with court docs attached)

The Houston Chronicle reports: A federal judge sided with the Texas Democratic Party on Thursday in a lawsuit filed by Latino voter advocates who said the party's method for apportioning presidential delegates is discriminatory.

U.S. District Judge Fred Biery in San Antonio ruled that the spirit and intent of the federal Voting Rights Act, which protects minority voters, was not violated, as the League of United Latin American Citizens and other plaintiffs alleged.

Biery dismissed the case. He ruled that the Voting Rights Act does not dictate to political parties how to decide on their presidential nominees as long as everyone has the right to participate.

The Latino voter advocates said the complicated Texas delegate system, which included a March 4 primary and caucus and Senate district caucuses March 29, unfairly dilutes Latino votes by allotting fewer presidential delegates to heavily Hispanic areas. -- Judge dismisses Latino suit over Democratic vote | Chron.com - Houston Chronicle

The opinion may be downloaded here.

May 21, 2008

Alabama: Governor files Jurisdictional Statement in another Section 5 case

Gov. Riley has filed his Jurisdictional Statement in Riley v. Plump. His questions presented are:

1. Whether the decisions of a covered jurisdiction's highest court concerning the validity of a precleared state law, or, in the alternative, an appointment made by the Governor of the State in compliance with those decisions, requires preclearance pursuant to § 5 [of the Voting Rights Act].

2. Whether § 5 requires preclearance of the implementation of a practice in force and effect on the coverage date of November 1, 1964.

3. Whether the district court erred when it entered judgment after briefing and oral argument on the plaintiffs motion for preliminary injunction, without providing the notice required by Fed.R.Civ.Proc. 65(a)(2).

This case relates to the appointment by the Governor of a commissioner to fill a vacancy on the Jefferson County Commission. It is somewhat similar to the Riley v. Kennedy case, no. 07-77, now awaiting decision.

I have the honor of being one of the lawyers for Mr. Plump in this matter.

May 12, 2008

Texas: LULAC sues Texas Democratic Party over lack of Sec. 5 preclarance for "Texas two-step" (updated with court docs attached)

AP reports: The Texas Democratic Party was sued Friday by Latino advocacy groups that contend the complicated primary and caucus system used in the March 4 presidential primary unfairly diluted Latino votes.

The League of United Latin American Citizens of Texas and the Mexican American Bar Association of Houston sued in federal court, arguing the party failed to seek clearance required by the U.S. Justice Department for the so-called Texas Two Step. The groups also argue the system effectively discriminates against Latino voters by giving them fewer delegates.

Texas Democrats distribute the state s 193 delegates using both a primary election and a caucus, but the distribution favors state Senate districts that had high voter turnout in the last presidential and gubernatorial elections.

In the March 4 election, that meant predominantly Hispanic districts, where turnout was low in 2004 and 2006, got fewer delegates than others, particularly urban, predominantly black districts. Latino districts favored Hillary Clinton; black districts favored Barack Obama. -- LULAC sued Texas Democratic Party over primary delegates - El Paso Times

Note: If anyone has a copy of the complaint, email it to me. The complaint may be downloaded here. Thanks to Jose Garza for responding to my request.

April 17, 2008

Alabama: federal court grants 1 more month of a free pass on VRA violation (court docs attached)

The Birmingham News reports:
A panel of three federal judges granted Gov. Bob Riley s request Wednesday to extend George Bowman s tenure as a Jefferson County commissioner, but not for as long as the governor wanted.

Riley now has until May 19 to get clearance from the U.S. Department of Justice for his appointment of Bowman to the District 1 vacancy on the County Commission. ...

Last week Riley asked the federal panel to extend its deadline until after the U.S. Supreme Court and Alabama Supreme Court decide separate cases challenging the governor's contention that only he has the authority to fill vacancies when commissioners leave office early.

In Wednesday's order, the judges denied Riley that much time, but said a shorter extension is reasonable. -- George Bowman gets one-month extension as Jefferson County commissioner- al.com

Note and Disclosure: I am one of the attorneys for the plaintiff. The order is
here.

April 10, 2008

Alabama: Governor asks for stay pending appeal in Jefferson County case (court documents attached)

The Birmingham News reports: Gov. Bob Riley asked a panel of federal judges Tuesday to grant Jefferson County Commissioner George Bowman more time in office while other courts decide legal disputes over who fills county commission vacancies.

Cases are pending before the Alabama Supreme Court and the U.S. Supreme Court over whether the new commissioner should be chosen by the governor or elected by voters.

Riley appointed Bowman in November to the District 1 seat on the Jefferson County Commission, after Larry Langford resigned to become Birmingham s mayor. -- Alabama Gov. Bob Riley asks for extension to keep Jefferson County Commission seat filled as courts rule- al.com

Note and disclosure: I am one of the counsel for the plaintiff in this case. Governor Riley's motion is here.

April 7, 2008

Alabama: John Tanner working in Alabama now

AP reports: The former chief of the Justice Department's Voting Rights Section, who stepped aside in December after apologizing for remarks about minority voters, is now working on election-related issues for the Alabama Law Institute.

John Tanner, who is being paid by the Justice Department under a federal program, also will teach at two Alabama law schools.

The law institute's president, Alabama House Speaker Pro Tem Demetrius Newton, said he personally contacted Tanner when he heard the long-time voting rights specialist wanted some time away from Washington. At the institute, a part of the University of Alabama, Tanner's work includes developing handbooks for public officials on getting Justice Department approval of election-law changes. ...

He will also teach about election law in the fall at Alabama's law school and then in the spring at Samford University's law school, McCurley said.

Tanner said Justice Department policy limits what he can say publicly.

But he is participating in the federal government's program to loan personnel to other government agencies. The Justice Department is paying Tanner's salary and benefits to be in Alabama through next spring. "It's not costing me anything," McCurley said. -- Justice's former voting rights chief now in Alabama

March 25, 2008

Alabama: Supreme Court hears arguments in Riley v. Kennedy

AP reports: Supreme Court justices expressed skepticism Monday about the federal government s authority to block the governor of Alabama s appointment of a fellow Republican to a vacant county commission seat representing a mostly black and heavily Democratic district.

The case is over whether Gov. Bob Riley needed clearance from the Justice Department under the Voting Rights Act of 1965, which requires Alabama and several other states -- most of them in the South -- to get federal approval before changing election procedures that affect minority voters. ...

Local Democrats challenged the appointment, arguing that a special election should have been held as in the past and that Riley's decision amounted to just the kind of voting-rights change that requires Justice Department approval.

Last January, the Justice Department agreed and said Riley's appointment appeared to weaken minority voters. Later, a three-judge panel in U.S. District Court in Montgomery ruled that Riley's move was unlawful and vacated the appointment. -- High court questions federal authority over Alabama in governor s pick - Breaking News from The Birmingham News - al.com

Alabama: Supreme Court argument transcript in Riley v. Kennedy

Here is the transcript of Monday's argument in 07-77.pdf , Riley v. Kennedy.


March 22, 2008

Alabama: Gov. Riley appeals Jefferson County case to U.S. Supreme Court

Governor Riley has filed a long-winded notice of appeal to the U.S. Supreme Court from the Judgment in Plump v. Riley.

March 20, 2008

Alabama: preview of Riley v. Kennedy argument

Thomas Haymore, one the Stanford Law School students who did such great work on our brief, has written this summary of the case for ScotusWiki.


March 18, 2008

North Carolina: Supreme Court will decide on influence districts

AP reports: The U.S. Supreme Court said yesterday that it will consider whether legislative and congressional districts designed to help minority candidates win office must do so by containing a majority of minority voters.

The case could decide the fate of so-called “influence” districts, drawn in North Carolina and some other states after the 2000 census in areas where minority populations are mostly in the 40- to-50-percent range.

Such districts are preferred by civil-rights leaders, who worry that creating districts with a majority of minority voters forces legislators to pack minority voters into a smaller overall number of districts, reducing their overall voting strength.

A Supreme Court ruling on the legality of “influence” districts is likely to affect how voting boundaries are drawn after the 2010 Census. --
Winston-Salem Journal | U.S. Supreme Court to look at legality of voting districts

March 11, 2008

Alabama: Gov. Riley files reply brief in Riley v. Kennedy

Gov. Riley has filed his reply brief in the U.S. Supreme Court case of Riley v. Kennedy. This is the Section 5 case that will be argued on 24 March.

Disclosure: I am one of the attorneys for Dr. Kennedy and the other plaintiffs in this action.

February 22, 2008

Alabama: DOJ approves Gadsden school board vote

The Gadsden Times reports: The U.S. Justice Department has approved an election to determine if Gadsden will go to an elected school board or stay with an appointed one.

City Attorney Roger Kirby received the approval today. The Justice Department’s approval was required because of the Voting Rights Act.

The City Council had earlier set April 22 for the referendum on the elected school board and submitted information about the election, including changes in polling places, to the Justice Department. Kirby said people wanting an elected board will vote yes and if they favor an appointed board they will vote no.

If the vote is in favor of an elected board, then the election for board members would be Aug. 26 with runoffs, if necessary, on Oct. 7. -- Justice Department approves Gadsden school board election | GadsdenTimes.com | Gadsden Times | Gadsden, AL

February 20, 2008

Alabama: amicus brief supporting voters in Riley v. Kennedy

Amicus briefs have been filed supporting the Kennedy plaintiffs in Riley v. Kennedy, No. 07-77, in the US Supreme Court:

United States

ACLU

Lawyers' Committee for Civil Rights Under Law

NAACP Legal Defense Fund

Note: as additional amici file (Wednesday is the deadline), I will add them to this post.