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South Carolina: 3 Minority-Majority Seats

by: silver spring

Wed Jan 19, 2011 at 9:58 PM EST


This is a short diary for me - and one where I just wanted to "make a point."

The diary is not really about South Carolina, although the state is used here as an example.  The VRA has been discussed in a number of diaries recently, but I think it's important to revisit this issue again.  I previously did a post on South Carolina where two compact black-majority districts are created:

http://www.swingstateproject.c...

silver spring :: South Carolina: 3 Minority-Majority Seats
In this diary, three minority-majority districts are created.  Granted, they are not as compact (and would likely not pass a Supreme Court test as they are pretty clear racial gerrymanders), and the African-American percentage is only 49% in each district using the "new population estimate" in Dave's Application.

Photobucket

Here's a quick breakdown (pop. deviation is +/- 865 persons, btw).

Yellow - 49% black; 45% white (50%+ black; 46% white using "old" estimate)
Teal - 49% black; 46% white (51% black; 45% white using "old" estimate)
Gray - 49% black; 44% white (49% black; 47% white using "old" estimate)
Blue - 81% white; 10% black
Red - 78% white; 16% black
Green - 82% white; 10% black
Purple - 79% white; 14% black

Nevertheless, I am confident that, assuming the population figures under the Application are correct, it would be quite possible to make each district 50%+ African-American if precincts were split, lines were further refined, etc. -- but that's not really my point, as three black-majority districts will certainly not be drawn in South Carolina in 2012.

My point instead is that -- if it's basically possible to draw 3 black-majority seats in South Carolina -- then it's almost a "must" that just 2 are drawn, and furthermore, the Obama DOJ should not pre-clear any map of a state under the VRA where that map does not reflect the diversity of the state.

The above point should apply for states like South Carolina, which are gaining seats; states like Louisiana, which are losing seats; and states like Virginia, where the number of seats remains constant.  In a previous diary over a year ago, I drew 2 compact black-majority seats in Louisiana:

http://www.swingstateproject.c...

Just yesterday, roguemapper demonstrated how 6 compact minority-majority seats can be drawn in Georgia:

http://www.swingstateproject.c...

Here's a map I did a while back (and posted only as an attachment to a diary comment) where Virginia gets 2 black-majority seats (and I have seen basically the same map done independently by several other posters on this site).  About 20% of Virginia's population is African-American; yet there is currently only 1 black-majority district (out of 11) -- where all the black population is "packed."  Incidentally, using the "new population estimate", the green district here (Hampton Roads area) is 51% black - 41% white, while the yellow district (Richmond and Southside area) is 52% black - 42% white.

Photobucket

Now, below is a really important map -- that of geographic areas covered by the VRA:

Photobucket

I'm really not sure what the Obama DOJ will do regarding this issue, but I hope that they will take a strong stand in favor of drawing districts which reflect the diversity of the covered states, and will pre-clear only those maps which pass muster under that standard.

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Ah yes
VA can surely use a second district.

Ad hoc, ad loc and quid pro quo!
So little time, so much to know!


The question
is whether its in NOVA or SE Virginia?  If its a question of "Must create a minority/majority seat" the answer in VA could be three seats?

The courts will sort all of this out.  I am inclined to think the surpremes will be more deferential to legislative bodies then in the last cycle.  The change from Sandy O to Alito could be crucial.  Yet saying that I don't speak with absolute certainty on this  judicial matters.  

I frankly do not understand all of the ins and outs of VRA appeals.  Someone here said they go to DC circuit which is dominated by Bush appointees. I don't know.

I think the DOJ needs to be careful in whatever it does because it can apply to legislative races and congressional races from Maine to CA.  I do add, however, that each case will stand by itself but the potential is that a single ruling could stand as an precedence.  



[ Parent ]
why is most of nh
vra covered?  it's like 5% minority

18, Dem, CA-14 (home) CA-09 (college, next year). social libertarian, economic liberal, fiscal conservative.   Everybody should put age and CD here. :)

Only 10 towns in NH are covered
I'm not certain, but I believe they are covered by Section 5 of the VRA as an anomaly in the law - the Act sets up certain formulae for jurisdictions that had things like literacy tests, poll taxes, etc before it became law, if their voter participation rates were low over time, they remain covered.

In this case, more than 95% of New Hampshire isn't covered, only a handful of towns -- the map is misleading unless you look carefully and see that it references only that certain townships in the state are covered.


[ Parent ]
That Is A Random Bunch of NH Towns
I just looked up the list.

New Hampshire: Rindge, Millsfield, Pinkham's Grant, Stewartstown, Stratford, Benton, Antrim, Boscawen, Newington, Unity

Rindge (sorta near Keene) and Boscawen (next to Concord) are the biggest towns on the list; I'd guess they were in 5K range or so. Usually places in NH with names like "Pinkham's Grant" are uninhabited.  

36, M, Democrat, MD-03


[ Parent ]
Maybe a stupid question
Why is Arizona covered?  Yes I know it obviously has a large minority population today, but when the VRA was passed in the 60s it probably wasn't as high as today.  Was it just a stab at Goldwater after the election in '64 where Johnson routed Goldwater?

I don't know much about Arizona so forgive my ignorance


Arizona
Arizona is covered because the 1975 renewal of Section 5 included a provision requiring preclearance for jurisdictions in which a single language minority comprised over 5% of the voters but that failed to provide ballots in any language besides English.

[ Parent ]
also
does this mean chicago isn't covered by the vra?

18, Dem, CA-14 (home) CA-09 (college, next year). social libertarian, economic liberal, fiscal conservative.   Everybody should put age and CD here. :)

It is...
But it's not a preclearance region. Redistricting still has to follow the VRA in all 50 states, but in non-preclearance states, somebody has to sue on VRA grounds for it to be addressed in court. I believe the DoJ itself also reserves that option, but I'm not a legal expert by any means.

20, center-left independent, Auckland Central resident, MD-05 voter, OR-01 native

[ Parent ]
DOJ & VRA
The DOJ is not merely permitted to bring suit, the Civil Rights Division is required to bring suit whenever it identifies violations under any section of the Voting Rights Act or any other federal voting provision.

To date, the DOJ has filed suit in at least 183 enforcement actions under the various voting acts.


[ Parent ]
My understanding is that
anyone, with proper legal standing, can bring suit under VRA.  For instance an voter in NM could bring federal court action in that state if he/she felt affected by an election law issue.  Candidates-voters-parties are the usual people who have standing in VRA cases

[ Parent ]
Give this (wo)man a job!
I really think the DLCC (or whoever) should hire you as redistricting consultant.  You've drawn the best maps of anyone.

28, Unenrolled, MA-08


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