3/27 hanna presentation to ncsl

8/7/2019 3/27 Hanna Presentation to NCSL

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USING CITIZENSHIPUSING CITIZENSHIP

DATA FORDATA FOR

David R. HannaDavid R. Hanna

Texas Legislative CouncilTexas Legislative Council


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Dist. 29 .

Hispanic Citizen VAP 42.4% (1990 long-form data)

.

1992 runoff in district between Anglo andHis anic candidates. An lo won b 200

votes.

Runoff invalidated b election contest, and

new runoff held. Anglo prevailed in second

runoff.

Current version of district likely has Hispanic

CVAP majority.


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Emergence of the CVAPEmergence of the CVAP

s an ar n ec on casess an ar n ec on cases

883 F.2d 1418 (9th Cir. 1989). While afederal procedural matter in this case haseen overru e , t e as c o ng t at a

demonstration district under Section 2 mustminority voter population (CVAP) rather than

total minorit o ulation a ears to remainthe rule in the 9th Circuit. See Cano v. Davis,211 F. Supp. 2d 1208 (C.D. Cal. 2002).


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Other circuits have also adopted the

5th Circuit: Campos v. City of Houston, 113F.3d 544 5th Cir. 1997 several other casesmost recently Reyes v. City of FarmersBranch, 586 F.3d 1019 (5th Cir. 2009).

rcu : arne v. y o cago,

F.3d 699 (7th Cir. 1998): used CVAP in

the circumstance test.

11th Circuit: Negron v. City of Miami Beach,113 F.3d 1563 (11th Cir. 1997): appliedcitywide CVAP rate to districts.


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Though not a circuit court, a district court

rule. See Meza v. Galvin, 322 F. Supp. 2d

. . .

concluded that CVAP was the appropriate

discusses CVAP as a range rather than a

standard as requiring a statistical majority of

minorit voters.


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No United States Supreme Court case has

.However, in LULAC v. Perry, 548 U.S. 399

,

Section 2s majority requirement observed:a nos, o e sure, are a are ma or y o e

voting-age population in new District 23, but,

that the relevant numbers must include

citizenshi . This a roach fits the lan ua e of2 because only eligible voters affect a

group's opportunity to elect candidates.


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While this language is dicta since the

,was in a portion of the opinion that the

.

Section 2 claim, the North Carolina

support its reasoning in requiring a CVAP. ,

N.C. 491, 649 S.E.2d 364 (2007).


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In the appeal of this case to the U.S.

,involved. In the fractured opinion, justices

-

population though occasional references.

v. Strickland, 556 U.S. ____ (2009).


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drawing of districts based on CVAP ratherthan total population. In Garza v. County of Los Angeles, 918 F.2d 763

(9th Cir. 1990), the 9th Circuit found that to do so.dissenter found that CVAP was the proper basis.

In Chen v. City of Houston, 206 F.3d 502 (5th Cir., e rcu oun a us ng o

draw districts was not required but rather left tothe discretion of the overnmental bod .


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Both cases have a cert. deniedreview by the. . .

found that the decision of whether to use totalpopulation or voting-age population is in thediscretion of the governmental body. Daly v.

Hunt, 93 F.3d 1212 (4th Cir. 1996).

urren ga on n e era cour n e

Northern District of Texas seeks to invalidate, ,theory that they were drawn on total

population rather than CVAP. See Lepak v.City of Irving, No. 3-10-CV-277-P (N.D. Tex.Feb. 11, 2010) .


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derived from long-form census data ,

housing units nationwide

released in fall 2002 and a special run of

fall 2002


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2010 redistricting

derived from American Communit Surve data

sampled data, available in a one-year average or athree- or five-year average

-population of 65,000 or more, such as counties, cities, andMSAs.

Three- ear data is available onl for eo ra hic levels with apopulation of 20,000 or more.

Five-year data is expected to be available for tracts and blockgroups at the lowest statistically valid level.

By December 2010 it is expected that one-year datafor 2009 will be available as well as data containing

the three- ear avera e from 2007-2009 and the verfirst five-year average from 2005-2009. The five-yeardata release will be based on Census 2000eo ra h not 2010 eo ra h .


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Even though no five-year data has beenreleased on citizenshi , at this oint it

appears that the five-year ACS data is themost likely to be useful in evaluating the.

issues remain: Level of geography of datatract v. block

smaller populations. In the past, census tracts

have contained between 2,500 to 8,000 people. ge o geograp yre ease n ecem er

will be on Census 2000 geography. While tract

geography will likely change very little betweenan , oc groups are e y o avegreater change.


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Single number vs. range. Is it accurate to

majority-minority CVAP district when theran e indicates it ma not be? Which

confidence level do you use? Higher

confidence level has greater range.

Allocation of data from split units of

geography. District lines are likely to split the units of

geography used to report citizenship data

es eciall if data is onl re orted b tract. How willthese split units be reported?


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Allocation of split geographyAllocation of split geography

concon The solution likel involves assumin a uniform

rate of citizenship across the unit being split and

basing the split on some measure of population.

reported as a range rather than a single number.

As an alternative, the citizenship could be reportedbased only on whole units of geography used in

the district or the citizenship rate of some larger

completely contained.


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local government) has a number of

the Voting Rights Act sufficient to form a

,

citizenship in your redistricting. The

be Latinos or persons of Hispanic origin.


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While the law has likely already reached

for a demonstration majorityminority

,

CVAP data (such as compliance with a- , -

citizens) will be increasingly problematic

data but sampled data that may be best

number.


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While many previous reported cases seem

the same level as the census data, it is

.

is collected from 2000 further remove the.

level at which this data is ultimately

allocated to split units of geography may

calculated for a proposed district.

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