New Election Lawsuits

Almost hidden from anyone who does not specialize in voting law - is a provision of H.R. 1 requiring states to draw federal congressional districts in a way that favors Democrats: "Districts shall comply with the Voting Rights Act including by creating any districts where two or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another." The bill adds that districts must "Ensure the practical ability" of such groups to "Elect representatives of choice regardless of whether or not such protected group constitutes a majority" of a district.

Here is how this might happen: In an at-large election for, say, a city council of seven members, every member is elected by the entire population of the city; if voting is racially polarized, a racial majority of only 55 percent of the city's voters has the power to elect all seven council members, effectively denying the large minority any representation whatsoever.

Further, many of these voters tend to vote for Democrats, and the requirement that they be placed in districts where they can form a majority often conflicts with the desire of Democratic operatives that they be placed strategically to maximize the party's electoral chances.

Suppose there are too few black voters to form a majority in a new district.

The idea is that, if enough white voters join them, or if enough Hispanic or other minority voters join them, and if this "Coalition" is large enough to constitute a voting majority in that district, then drawing it becomes legally necessary to ensure minority voters' opportunity "To elect representatives of their choice."

What special interest do minority voters in such a district share with other minority or majority voters who may join them to form a majority? The only answer is that they all intend to vote the same way.

In Bartlett v. Strickland in 2009, the Supreme Court rejected the idea that white votes could be combined with Black votes to constitute a majority in a Section 2 remedial district.

https://www.judicialwatch.org/tom-fittons-weekly-update/new-election-lawsuits/