Charter Review Commission

Transcription

1 Charter Review Commission The Town of Flower Mound Single Member Districts and the Town Council November 19, 2013 Presented by: Sydney Falk Bickerstaff Heath Delgado Acosta LLP Austin, Texas

2 Issues Redistricting Legal Standards One person one vote VRA Section 2 [VRA Section 5] Shaw v. Reno

3 Other Issues Term length & elections Term staggering Term limits Number of seats on Council Transition

4 What is Redistricting? One person one vote principle U.S. Constitution, 14 th Amendment Applies to legislative bodies (city councils) Single member districts must have approximately equal population While not a safe harbor, generally districts will meet constitutional requirements if they have no more than a 10 percent deviation.

5 Calculating Deviation District = 40,000 Total Population Ideal Size District 1 Total Population District 2 Total Population District 3 Total Population District 4 Total Population Deviation 10,000 9,000 10,000 10,700 10,300 17% 1,000 Less Exact 700 More 300 More 10.00% 0.00% +7.00% +3.00% Highest Positive Percent - Highest Negative Percent = Maximum Deviation [ (Total Population Ideal Size) / Ideal Size] * 100 ]

6 What Kinds of Census Data Are Available? PL File Census Block level census geography Total population VAP (voting age population) Race Anglo, African American, Asian, American Indian, Hawaiian/Pacific Islander, Other Hispanic origin Hispanic, Non Hispanic

7 Section 2 of the Voting Rights Act Section 2 prohibits election practices that discriminate on the basis of race or language minority status. Generally, avoid cracking or packing. Cracking (or fracturing) is dividing a geographically compact group of minority voters to fragment their voting power. Packing is concentrating minority voters in a single district when dividing them would permit the group to elect their candidates of choice in more than one district

8 Section 2 Threshold Gingles Test The minority group must be sufficiently large and geographically compact to be able to constitute a numerical majority in a single member district. The minority group must be politically cohesive. The white majority must vote as a bloc usually to defeat the minority choice.

9 VRA Section 5 Shelby County v. Holder No (June 25, 2013) Voting Rights Act Section 5 is the preclearance process Section 4(b) defines who must comply with section 5 ( coverage ) In Shelby County, U.S. Supreme Court held section 4(b) unconstitutional because it is based on outdated information

10 Effect on Preclearance Section 5 is left intact Retrogression standard But without section 4, section 5 does not apply to any jurisdictions Thus preclearance is no longer required for changes involving standards, practices and procedures affecting voting Annexations, polling locations, voting methods, districting, etc. Congress may draft another coverage formula based on current conditions. (What are the odds?)

11 CLOSE UP OF NORTH CAROLINA 1992 PLAN A

12 Central Harris County PLANC657 Texas Legislative Council 11/13/98 wr98160 Source: TLC Central Harris County PLANC657 Texas Legislative Council 11/13/98 wr98160 Source: TLC Central Harris County PLANC746 Texas Legislative Council 11/ 13/98 wr98160 Source: TLC Central Harris County PLANC746 Texas Legislative Council 11/ 13/98 wr98160 Source: TLC Congressional Plans In Harris County (November 1998)

13 Practical Issues Term Length: 2, 3 or 4 year terms? 3 year terms mean even/odd year elections Term Limits Continuity and institutional knowledge vs. new faces, new ideas, less entrenchment Number of Seats Increase for some single member district goals Difficult to decrease in SMD system Costs if increase Staggering (how to establish in new system?)

14 Transition Issues: At Large to SMDs Implement all SMD seats at once? Must truncate or extend some terms Complicated to stagger in Some councilmembers not district residents Some districts won t vote first round Term lengths an issue? Increased seat number an issue?

15 AUSTIN as an example Independent Citizen Redistricting Commission ICRC is entirely independent of City Council Elaborate conflict of interest standards Elaborate dual selection process City Auditor role as overseer Applicant Review Committee (3 auditors) Culls ICRC applicant pool down to 60 ICRC selection Random drawing for first 8 First 8 pick last 6

16 AUSTIN as an example Will implement all seats at first SMD election Will truncate some current terms Draw lots for initial stagger (2 yr terms) 3 Year Terms 4 Year Terms Term limits from 3 x 2 year to 2 x 4 year 2 year initial term from stagger in not counted Change election from May to November

17 AUSTIN Citizen Redistricting Commission NO COUNCIL INVOLVEMENT Required number of public hearings Develop proposed plan Hearings on proposed plan Plan revision More hearings on plan Plan adoption

18 Charter Review Commission The Town of Flower Mound Single Member Districts and the Town Council November 19, 2013 Presented by: Sydney Falk Bickerstaff Heath Delgado Acosta LLP Austin, Texas