VOTING RIGHTS |
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Although it is a precious right, it has not been exercised freely by Hispanics, due to continued efforts of State and local officials and private citizens to deny them that right. The 15th Amendment prohibits the denial of voting rights on the basis of race, color, or previous condition of servitude. Nevertheless, pervasive racial discrimination has continued to thwart the guarantees of the 15th Amendment. THE VOTING RIGHTS ACT AND ITS EFFECTS The Voting Rights Act contains general provisions that are permanent and affect the entire nation: It also has special provisions that are temporary and only affect jurisdictions that meet certain criteria specified in the act. These provisions prohibit voting qualifications or procedures that would deny or abridge a person’s right to vote because of race, color or inclusion in a minority language group. The general provisions also make it a crime for a public official to refuse to allow a qualified person to vote or for any person to use threats or intimidation to prevent someone from voting or helping another to vote. (Section 203) Another permanent provision with nationwide application that has helped to remove obstacles to voting is section 201 of the act, prohibiting the use of tests or devices in voting. This permanent ban on tests or devices refers to any requirement that persons, as a prerequisite to voting or registering, be required to: 1) demonstrate the ability to read, write
or understand, or interpret any matter; FEDERAL OBSERVERS AND EXAMINERS Federal examiners may be authorized by the Attorney General if he/she receives 20 meritorious written complaints from citizens in a jurisdiction claiming that the right to vote has been denied on account of race, color or inclusion in a minority language group. In addition, the voting section may assign attorneys to monitor election complaints that are received. Under the act, duties of Federal examiners include interviewing and listing people eligible to vote and, at least once a month, transmitting a list of eligible voters to the appropriate state or local election voting list. Each qualified voter listed by a Federal examiner is issued a certificate of eligibility to vote. Additionally, examiners are available during an election and within 48 hours after the polls close to receive complaints that qualified voters have been denied their right to vote. The use of Federal observers is another way in which the special provisions of the act attempt to deal with obstacles to voting that may be imposed at the local level. The Attorney General may request the The right to vote is central to full political participation of all citizens of this Nation. It grants to all citizens the power to elect those persons who make decisions affecting their lives. U. S. Office of Personnel Management to appoint Federal observers for elections in those jurisdictions designated for examiners. Observers are usually civil servants who work with attorneys from the Department of Justice. They are assigned to polling places and observe whether persons who are eligible to vote are allowed to vote. They may also observe whether votes cast by eligible voters are being properly counted. FAIR REPRESENTATION AND CANDIDACY Since passage of the Voting Rights Act, the number of Hispanic elected officials has increased substantially. However, serious under representation of Hispanics in elected positions persists. Under representation of Hispanics in elected office can also be attributed to election systems, voting rules, and methods of redistricting, as well as to practices that minority candidates may confront such as harassment, intimidation and lack of access to voters. METHOD OF ELECTION DISTRICTING Both the method through which office holders are elected and the exact boundaries of the jurisdictions they represent can affect the opportunities of Hispanics to be elected. For example, a jurisdiction may use an at large method of election. There are three primary methods as systems by which voters can elect candidates at-large; single-member districts or, a mixed system. In certain circumstances, the consequences for Hispanic representation of these different voting methods can be significant. If, for example, the town contains a majority of white voters, who consistently refuse to vote for Hispanic candidates (that is, there is racial block voting), an at-large election system has the effect of denying Hispanic voters the opportunity to elect an Hispanic to office. When political officials are elected by districts, the opportunities for Hispanic representation depend greatly on the way district lines are drawn. Jurisdictions have diluted Hispanic voting strength through practices such as dividing a geographical concentration of Hispanics among several districts, or overpopulating one district with Hispanics under circumstances in which more than one district could have had substantial Hispanic populations. Although the districts may technically comply with the one person, one-vote principle (that is, equalizing population among districts), the way the districts are drawn may raise questions as to the jurisdictions’ intent, especially if they are neither compact nor contiguous. Changing the boundaries of the jurisdiction also can affect the opportunities for Hispanic representation. For example, by annexing predominantly white areas, a jurisdiction can increase its proportion of white voters. The consolidation of two jurisdictions also can have this effect. In the context of an at-large system and a high degree of racial block voting, these types of changes would reduce the opportunities for Hispanic representation in the enlarged jurisdiction, since the Hispanic percentage of the total population would increase. PUBLIC SCHOOLS The Legislature has found that: 1) in school districts with the largest number of students, the at-large elections of all members of the board of trustees increases the number of constituents represented by each trustee and hinders communication between the trustee and the constituents, and therefore makes the representation of those constituents less effective; 2) in the school districts with the largest number of students, the at-large election of all members of the board of trustees may work to dilute the voting power of identifiable ethnic groups; 3) in structuring solutions to the dilution of ethnic group voting power, the federal courts have decided that preference should be given to some form of single-member district representation; and, 4) the need for increasing the effectiveness of political representation, preserving the voting power of all ethnic groups, complying with the preference for single-member district representation, and assuring the participation of all people in the political process creates an emergency. SINGLE-MEMBER TRUSTEE DISTRICT ELECTIONS CODE a) This section applies to any independent school district; b) The board of trustees of a school district, on its own motion, may order that trustees of the district are to be elected from single-member trustee districts or that not fewer than 70 percent of the members of the board of trustees are to be elected from single-member trustee districts with the remaining trustees to be elected from the district at large. Before entering the order, the board must: a) hold a public hearing at which registered voters of the district are given an opportunity to comment on whether or not they favor the election of trustees in the manner proposed by the board; and, b) publish notice of the hearing in a newspaper that has general circulation in the district, not later than the seventh day before the day of the hearing. c) An order of the board adopted under Subsection (b) of this section must be entered not later than the 120th day before the day of the first election at which all or some of the trustees are elected from single-member trustee districts. d) If at least 15 percent or 15,000 of the registered voters of the school district, whichever is less, sign and present to the board of trustees a petition requesting submission to the voters of the proposition that trustees of the district be elected from single-member trustee districts or that not fewer than 70 percent of the members of the board of trustees be elected from single-member trustee districts with the remaining trustees to be elected from the district at large, the board shall order that the appropriate proposition be placed on the ballot at the first regular election of trustees, held more than 120 days after the day the petition is submitted to the board. The proposition must specify the number of trustees to be elected from single-member districts. Beginning with the first regular election of trustees held after an election at which a majority of the registered voters voting approve the proposition, trustees of the district shall be elected in the manner prescribed by the approved proposition. e) If the board orders that all or some of the trustees shall be elected from single-member trustee districts, or if a majority of the registered voters voting at an election approved a proposition that all or some of the trustees of the district be elected from single-member trustee districts, the board shall divide the school district into the appropriate number of trustee districts, based on the members of the board that are to be elected from single-member trustee districts, and shall number each trustee district. The trustee districts must be compact and contiguous and must be as nearly as practicable of equal population according to the last preceding federal census. In a district with 150, 000 or more students in average daily attendance, the boundary of a trustee district may not cross a county election precinct boundary except at a point at which the boundary of the school district crosses the county election precinct boundary. Trustee districts must be drawn not later than the 90th day before the day of the first election of trustees from single-member districts. f) Residents of each trustee district are entitled to elect one trustee to the board. A trustee elected to represent a trustee district at the first election of trustees must be a resident of the district he represents not later than: 1) the 90th day after the day election
returns are canvassed; or g) Any vacancy on the board shall be filled by appointment by the remaining members of the board. The appointed person serves for the unexpired term. A person appointed to fill a vacancy in a trustee district must be a resident of that trustee district. A person appointed to fill a vacancy in the representation of the district at large must be a resident of the district at large. h) At the first election at which some or all of the members elected from trustee districts, and after all positions on the board of trustees then elected shall draw terms as provided by law. i) Not later than the 90th day before the day of the first regular school board election at which trustees may officially recognize and act on the last preceding federal census, the board shall redivide the district into the appropriate number of trustee districts if the census data indicates that the population of the least populous district by more than 10 percent. Redivision of the district under subsection (e) of this section. j) This section does not apply to an independent school district that elects trustees from single-member trustee districts in accordance with Section 23.023 of this code or other general special law. TRANSITION TO SINGLE-MEMBER DISTRICT: OPTION TO CONTINUE IN OFFICE a) For a school district that adopts redistricting plan under Section 23.024 of this code providing for five members of the board to be elected from single-member trustee districts and two members to be elected at large, the board of trustees may provide in the plan for the trustees then in office to serve at large for the remainder of their terms in accordance with this section. b) The trustee district at-large positions provided by the district’s plan shall be filled as the staggered terms of incumbent trustees expire. Not later than the 90th day before the first election from trustee districts, the board shall determine by lot the order in which the positions will be filled. c) the trustees of a district to which this section applies may also provide for members serving at the time of a redistricting to serve for the remainder of the terms. APPLICATION TO GET ON BALLOT a) Applications of candidates for a place on the ballot must be filed not later than 5 p.m. of the 45th day before the day of the elections. An application may not be filed earlier than the 30th day before the date of the filing deadline. No candidate shall have his name printed on said ballot unless there has been compliance with the provisions of this section. b) Candidates for office of trustee of an independent school district must file their applications with the secretary of the school board of trustees. c) In those districts in which the positions on the board of trustees are authorized to be designated by number, as provided in Section 23.11 of this code, each applicant shall also state the number of the position for which he is filing as candidate. No candidate shall be eligible to have his name placed on the official ballot under more than one position to be filled at such election. d) In those districts in which positions on the board of trustees are not authorized to be designated by a number, it shall not be necessary for an applicant to state which other candidate, if any, he is opposing. VOTING RIGHTS MODELS Introduction The following three voting rights models represent the types of conciliation services the Community Relations Service (CRS) (214/655- 8175 in Texas) can offer communities having a dispute over voting rights that are jurisdictional to the Agency. The first addresses a situation where there is a dispute because the minority community is demanding that election district officials redistrict because the existing district(s) does not fairly and accurately represent their community population. The Second model addresses a situation where the election district and minority community has agreed to redistrict but need technical assistance by CRS to facilitate the redistrictin process. The Third model addresses a situation where election district officials have rejected Models One & Two and finds itself a party to litigation filed by parties who believe their voting rights have been violated and further believe they have been unfairly disenfranchised. Model I A community is put on notice, by an individual on his or her own motion or a group of individuals on their own motion, who want to redistrict an election district or unit because of its size (reduce or increase), because the population demographics have changed, or because they want to institute a single-member election district or districts configuration where it does not presently exist. Techniques 1) Recommend the governing body establish a community-based committee with representation from all racial groups in the community. 2) Assist in the identification of community leaders who may be of assistance. 3) Encourage the governing body to contact the Voting Rights Section of the Justice Department (202/514-6018) for legal advice on the redistricting process. The governing body also needs to be aware that they will probably be instructed, in the near future by the Voting Rights Section, that any changes to the present voting configuration must be approved by the Voting Rights Section before implementation. 4) Assist the parties in agreeing to redistrict. (This is different from conciliating the redistricting!) The process will be agreed upon by the parties or a committee representing each. CRS will only conciliate the agreement to redistrict thus avoiding the confrontation that sometimes occurs because only one side agrees to redistrict. This also allows the Agency to maintain its position of neutralizer in the process. Model II The community has agreed to redistrict but lacks the expertise to accomplish the task. CRS can assist by offering the following technical assistance: 1) Assist the community in the development of a citizen’s committee that will review demographic data, determine possible areas that need to be realigned in terms of population, hold public hearings, provide a list of professional demographers (none of which would be recommended by CRS), Determine the contact at the Department of Justice Voting Rights Section (DOJ/VRS), and be available to assist in the resolution of any racial disputes arising from the redistricting process. CRS should never participate in the drawing of district lines or the correctness of the lines. This could create a possible conflict since there is never a guarantee that the DOJ/VRS will approve a redistricting process. But it is important to remember that DOJ/VRS has the ultimate final approval of any redistricting proposal and CRS does not conciliate on behalf of the community with DOJ/VRS. Model III There is litigation and the community has a court order in hand, the parties want to resolve the problem, and there is legal authority on each side. The role of CRS is to get them to agree on a plan without assessing blame. Counsel on both sides usually have a plan, and the role of CRS is to assist the parties to compromise or develop an optional plan acceptable to both. In this situation, population numbers become the basis of the suit. The litigants are usually in agreement on at least one issue and that is that there ought to be some form of minority representation. Population numbers dictate how the configuration will finally end up. For example, if the minority community is thirty percent of the population, you can be assured that they will demand thirty percent of the election unit seats. SINGLE MEMBER VS. MULTI-MEMBER OR AT LARGE DISTRICTS Most people want single-member districts, whether in cities or counties. The single most frequently given reason is the desire for residents of a distinct voting district to have a representative of their own. Some people oppose single-member districts because they believe it allows for narrow special interest government which is not inclined to represent the community as a whole. Most minorities do not subscribe to this opinion however, feeling that the whole can almost never adequately address the problems of specific neighborhoods and racial groups. Many minority citizens further feel that an at-large system tends to produce elected officials from one segment of the community who are unwilling to listen to people who do not contribute to their election success. Regardless of the nuances of the debate over single versus multi- or at-large districts, the single-member district system is far more popular, and, more importantly, provides the basis for the one-man one-vote election district litigation foundation of the 1965 Voting Rights Act. Contemporary voting rights transcend what we normally define as elected officials, i.e. councilmen, supervisors, legislators, to include elected boards (school boards, hospital boards, community college boards, airport authority boards, etc.), and judicial officials (judges, justices of the peace, constables, etc.). The first step is to get the parties to agree that the demographic population numbers are correct. That sounds obvious, but conflicting parties don’t always agree they are. If they don’t agree, the Conciliator’s role is to determine the accuracy of the figures. Even though population figures are provided by the Census Bureau, the parties should be advised that even if their count is flawed it is still regarded as the accurate count unless judged otherwise by a judicial process or act of congress. The next step is to get the parties to agree on the population size of the governing unit they want covered under the one-man one-vote formula. It is important here that the Conciliator has knowledge of both Federal as well as state election law. In some states there is a requirement that the size of a governing unit be of a certain size. Under no circumstances should CRS be in the business of making the Department a party to changing a state law. If at this stage the parties agree on a community of equal representation for both, they need to choose a person/persons to serve on or to develop a committee to draw council districts. The CRS Conciliator should provide no comments on the person or persons selected but should ensure they are given proper instructions on what they need to do. Once there is agreement on district lines, there may be opposition voiced by the local official responsible for conducting voting activities and voter information. In some communities this individual may be the county clerk, clerk of elections, acting registrar, registrar of votes, etc. Their possible displeasure usually involves the administrative costs involved in the conduct of an election. Their concerns almost never involve the equality of the process. Once agreement is reached on district lines, an ordinance or law must be passed establishing new districts. New precinct numbers must be assigned and funds allocated for voting machines, ballots, precinct judges, and polling places. Finally, the new district system configuration including the enabling legislation (ordinance or law), new precinct numbers and supporting demographic data must be sent to DOJ CRT/VRS for their approval. The approval process will take approximately 60-90 days if accepted. If the plan is not accepted, DOJ CRT/VRS will inform the community of what their objections are in writing. |