Tuesday, September 20, 2011

Justice Department does not clear Texas' redistricting proposal

From the Texas Tribune:

The new political maps for the Texas House and the state's congressional delegation don't protect the electoral power of the state's minority populations as required by the federal Voting Rights Act, the U.S. Department of Justice said in legal briefs filed in federal court Monday.

The map for the state Senate does comply with Section 5 of the Voting Rights Act, DOJ's lawyers said. The Justice Department didn't offer an opinion on the legality of the new State Board of Education map, saying instead that "the court will have to make its own determination" about that plan.

Here's a copy of the DOJ document.

- What DOJ Tossing Texas' Redistricting Plan Means for Rick Perry.
- Texas' Choice of the DC Courts over the DOJ.

Texas is one of a handful of states that, due to a history of voter suppression aimed at minority groups, has to have its districts pre-cleared (Section 5 Preclearance) by either the Justice Department or a panel of Federal Judges. The state has to prove that the new lines will not negatively impact minority voting strength. Recently attempts have been made to challenge the constitutionality of the requirement.

Below are some links that go further in depth on the issue.

- Wikipedia: Section 5 Preclearance.
- Do We Still Need §5 Preclearance?
- Who draws the lines?
- The Continuing Need for Section 5 Pre-Clearance.
- Arizona Challenges Constitutionality of VRA Section 5 Preclearance Requirement
- Brennan Center:
Northwest Austin Municipal Utility District No. 1 (NAMUDNO) v. Holder
- ScotusBlog: Northwest Austin Municipal Utility District No. 1 (NAMUDNO) v. Holder