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HomeMy WebLinkAbout(P1) IA Presentation Port Arthur -Council Presentation PPPort Arthur, Texas 2021 Redistricting BICKERSTAFF HEATH DELGADO ACOSTA LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas 78746 (512) 472-8021 www.bickerstaff.com www.votinglaw.com Initial Assessment Introduction – Attorney and Firm The purpose of this presentation is to Review the population of the councilmember districts based on the recently released 2010 Census Review the City’s obligation to re-draw the boundaries of the six council districts so that the population in each of the six districts is balanced Explain the legal requirements that come into play in that process Explain how the City’s process will meet these legal requirements 1 REDISTRICTING Applicable Law Three Principles, plus 2 Redistricting One Person - One Vote U.S. Constitution – single-member districts must have approximately equal populations Rule of thumb: total deviation < 10% Compare most populous and least populous districts to “ideal”–sized district Add both departures from ideal together City single-member districts are legislative districts that are subject to the one-person one vote requirements of the fourteenth amendment of the U.S. Constitution. As such, each councilmember district must have equal population. The release of the census figures each decade triggers the City’s obligation to review the councilmember districts and rebalance them if necessary. 3 Example Deviation Calculation 4 What Population Do You Use? To determine whether the council districts are in balance, we will utilize total population figures provided in the census data. This is the information that has been utilized by every political subdivision in the United States in submissions to the United States Department of Justice which reviews our changes. To the extent that the City will need to analyze voting rights issues we will utilize the voting age population figures in the census and may also rely on Spanish Surnamed Registered Voter information and/or turnout information at the county election precinct level and other indicators of potential voting strength within the District. 5 Section 2 of the Voting Rights Act No discrimination on basis of race or language minority status Generally, avoid cracking or packing Cracking or fracturing is dividing minority voters to fragment their voting power. Packing is concentrating minority voters when dividing them would permit the group to elect their candidates of choice in more than one district Other practices can also violate Section 2 Discuss 6 14th Amendment (Shaw v. Reno) Once we determine our Section 5 and Section 2 issues, then we must examine the countervailing principle which is the Shaw v. Reno line of cases. 7 Section 5 of the Voting Rights Act Preclearance no longer required (Shelby County v. Holder (2013)) Section 5 standard is “retrogression” Are minorities worse off under the new system? No discriminatory purpose or effect Still a useful diagnostic tool to identify potential Section 2 issues While there are two alternatives available for preclearing the redistricting plan, political subdivisions almost always opt for submission to the Department of Justice instead of going through the court proceedings. In making a submission to the department, the City will have the burden of demonstrating that any plan you adopt is not retrogressive - that is, that the minority voters are not worse off under the new plan than they were under the existing plan. 8 Adopt Criteria Explain how we have proposed criteria for consideration by the Commissioners Court. Here are notes on various elements: Compactness has geographic and functional dimension. A district, even when not geographically compact, can be functionally compact depending on such matters as: Voting patterns Income Education Home ownership The availability of transportation and communication The existence of common social and economic interest The ability of the constituents to relocate to each other Examples of easily identifiable geographic boundaries Highways Major roads Rivers Creeks Bridges Golf courses Stadiums Parks Cemeteries College campuses Hospitals Race tracks Other public buildings & landmarks Whole Voting Precinct Notes Prevent and eliminate voter confusion by taking into consideration the boundaries created for other public purposes. Draw based on existing voting precincts as established by the county. Notes on keeping incumbents in district Preserve the will of the voters Provide consistency in the incumbent-constituent relationship. 9 Plan Development Elements 10 Proposed Redistricting Time Line 2/1 at 9:30 a.m. Present Initial Assessment TBD First Drawing Workshop TBD Second Drawing Workshop TBD Final Adoption 11 Port Arthur, Texas 2011 Benchmark with 2020 Census Data Discuss the data. 12 Current Districts 13 Current Districts 14 Current Districts 15 Current Districts 16 Current Districts 17 Current Districts 18 Current Districts 19 City of Port Arthur Overall Deviation For Current Districts Using 2020 Census Data 20 City of Port Arthur Overall Deviation For Current Districts Using 2020 Census Data 21 City of Port Arthur Overall Deviation For Current Districts Using 2020 Census Data 22 City of Port Arthur Overall Deviation For Current Districts Using 2020 Census Data 23 Hispanic Thematic Map 24 Black Thematic Map 25 Port Arthur, Texas 2021 Redistricting BICKERSTAFF HEATH DELGADO ACOSTA LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas 78746 (512) 472-8021 www.bickerstaff.com www.votinglaw.com Initial Assessment Questions 26