if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election ... are not equally open to participation by members of a class of citizens protected by subsection (a) of this section in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.
Just as the proviso to § 2(b) ensures that white candidates are free to compete for electoral success that exceeds the ratio of white voters, so blacks must be free to compete for favor; the Voting Rights Act neither sets nor tolerates a cap on their achievements.
the only discrimination forbidden by these provisions [the 14th Amendment equal protection clause and the 5th Amendment due process clause] is intentional discrimination. Disparate impact, which means the unintended consequence of measures adopted for reasons unrelated to any intention to discriminate, is not, under the Supreme Court's current interpretation of the Constitution, an acceptable basis for a finding of unconstitutional discrimination, whatever the significance of such a showing may be under the civil rights statutes.
# of wards | # of wards | # of wards | |
---|---|---|---|
% of pop. | in which whites | in which blacks | in which Hispanics |
in a given | constitute the | constitute the | constitute the |
ward | given % | given % | given % |
>35% | 24 | 20 | 10 |
>40% | 24 | 20 | 8 |
>45% | 22 | 20 | 7 |
>50% | 18 | 20 | 7 |
>55% | 18 | 20 | 7 |
>60% | 13 | 19 | 7 |
>65% | 12 | 19 | 7 |
>70% | 12 | 19 | 3 |
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