1 Voting Rights Act Act Section 5 issues that arise from what we anticipate will be the results from the 2010 Census. LULAC Presentation December 11, 2010

2 The purpose of this paper is to suggest arguments and positions that the legislature will likely face in the 2010 redistricting process. Essentially there are two primary points. The minority community in Texas continues to be grossly underrepresented in the State House and Senate as well as in Congress. Yet the minority community provides virtually all of the growth in the state.

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4 From 1990 through 2000, the Hispanic population contributed the lion's share of the growth that entitled Texas to two new Congressional Districts. However, neither of these Congressional Districts were drawn so that Hispanics could elect the representatives of their choice. The Supreme Court found this to be a violation of the Voting Rights Act because the 2003 midterm redistricting had actually eliminated a district where Hispanics could elect the representatives of their choice. This District was restored by the Federal Courts in LULAC v. Perry

5 Between 1990 and Texas grew by 3.5 million persons. Minority growth (primarily Hispanic) comprised almost 80 % of that increase. No additional Hispanic opportunity Districts were created.

6 With growth Texas becomes entitled to 4 additional members of Congress. If the Minority population comprises well over 90% of the state growth 2000 – 2010 it will certainly be argued that a random process could be expected to produce a plan in which all four of those districts should have the possibility of electing a racial or Ethnic minority Congressman.

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11 Consider that Texas qualifies for 15 Congressional Districts because of the more than 10 million Hispanics who live here. Yet there are only 6 Hispanics in our Congressional Delegation. It will certainly be argued that to ignore these numbers will violate Section 5 of the Federal Voting Rights Act.

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16 Once again if all or virtually all of the metropolitan growth in the Dallas Metroplex or in the Houston Metro area is Hispanic then it certainly will be argued that it only makes sense that new Congressional Districts be created in so that minority voters will have an opportunity to elect the representatives of their choice. It will be argued that to do otherwise is simply gerrymandering. When the Department of Justice asks why you did not do it, you must have an answer. Look at it this way a Congressional district will be approximately 700,000 persons. There will be 800,000 additional Hispanics in each of the Dallas and the Houston metropolitan areas. In the Harris Metro area there will likely be an absolute decline in Anglo population while in the Dallas Metroplex there will likely be only a slight increase in Anglo population.

17 What is fair for Dallas County Dallas County has a population of Hispanics larger than in San Antonio. San Antonio is represented by 3 Hispanic Congressmen. Dallas is represented by none. Just the Hispanic growth in the Dallas Metroplex is larger than a Congressional District. Just the the Hispanic population in Dallas County will be the equivalent of almost 1.5 Congressional Districts. The Metroplex has almost three members of Congress as a result of the Hispanic Population and not a single Hispanic Congressman The same is true for the State Senate. There are no Hispanic Senators. Dallas is entitled to 15 State House members and only 2 are Hispanic. This although just under half of the Dallas County Population is Hispanic.

18 What is fair for Harris County Harris County has a population of Hispanics larger than the combined 2000 Hispanic population in San Antonio and the Rio Grande Valley. That Area is represented by 4 Hispanic Congressmen. Harris County is represented by none. Just the Hispanic growth in the Houston Metro Area is larger than a Congressional District. Just the the Hispanic population in Harris County is equal to almost 3 Congressional Districts. The Houston Metro area has almost 4 members of Congress as a result of the Hispanic Population and not a single Hispanic Congressman The same is true for the State Senate. Harris is entitled to 25 State House members but only 4 are Hispanic. This although just under half county population is Hispanic.

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22 The State House and Senate Districts The State Senate Districts will be in the 800,000 person range. We could expect 6 additional Districts where Hispanics can elect representatives of their choice. The House Districts will be in the 175,000 person range. It would take 26 additional State House seats with the opportunity to elect Hispanics, to match up with the Hispanic population. Again if the data supports 4 additional Congressional and Senate Hispanic opportunity districts it supports as many as as additional House Districts with the potential to elect Hispanics. The greatest part of the Hispanic Growth in Texas is in the Dallas and Harris County areas.

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