It has come to my attention that the submitted Plan may not comply with the Voting Rights Act in all respects. There are claims that under the Plan there is a retrogression in opportunities for minority representation. In my opinion several of these claims are meritorious.
In all other respects we find that the state has satisfied the burden of proof required by Section 5, in its submission of the House and Senate plan.
Neither ... until clearance has been obtained (for a new reapportionment plan enacted by a state) should a court address the constitutionality of the new measure.
(A) federal district court, in the context of legislative reapportionment, should follow the policies and preferences of the State, as expressed in statutory and constitutional provisions or in the reapportionment plans proposed by the state legislature, whenever adherence to state policy does not detract from the requirements of the Federal Constitution(.) ...
In certain circumstances, for example, it might be appropriate to enter an order affording local officials an opportunity to seek federal approval and ordering a new election only if local officials fail to do so or if the required federal approval is not forthcoming. Since the District Court is more familiar with the nuances of the local situation than are we, and has heard the evidence in this case, we think the question of the appropriate remedy is for that court to determine, in the first instance, after hearing the views of both parties.
(t)he Supreme Court has recognized the equitable power of the District Courts to permit enforcement of such (apportionment) statutes pendente lite notwithstanding Section 5. Georgia v. United States, 411 U.S. 526, 541, 93 S.Ct. 1702, 36 L.Ed.2d 472 (1973); Perkins v. Matthews, 400 U.S. 379, 396-397, 91 S.Ct. 431, 27 L.Ed.2d 476 (1971).
... it has been alleged that the house plan also adversely affects the minority populations in ... El Paso (County).... Regarding El Paso County, we have received allegations that the proposed plan does not fairly reflect the voting strength of the Mexican-American community, which has increased significantly over the past ten years.
(I)n Bexar County, existing District 19 is underpopulated according to the 1980 Census and thus requires additional persons to meet one person-one vote standards. The proposed plan for this area, however, removes a substantial number of Mexican Americans from this district and adds a larger number of Anglos. The effect of this method of drawing the boundaries for proposed District 19 appears to be a dilution of Mexican-American voting strength.
(W)e have received allegations that in Dallas County the state's plan fragments the Mexican-American community on the west side of the City of Dallas in such a manner as to prevent the creation of a district where Mexican-Americans could elect a candidate of their choice. In addition, the sweep of proposed District 100 through the center of the City of Dallas is alleged to dilute the voting strength of Dallas' black community; the contention is that the use of more compactly drawn districts would result in the creation of an additional district in which black voters would be able to elect a candidate of their choice.
hearing site | ||
---|---|---|
and date | witness | group or issue |
------------ | ------- | -------------- |
Corpus Christi | Tony Bonilla | LULAC |
4-9-81 | ||
Rudy Garza | minority representation | |
Benny Benavides | minority representation | |
Prof. Fredrick A. | minority representation | |
Cervantes | ||
Dr. Clotilde Garcia | minority representation | |
Corpus Christi | Alonzo Rodriquez | minority representation |
4-9-81 | Robert Aguilar | minority representation |
Dr. Maria Garza | Exec. Director, Gulf Coast Council | |
of La Raza | ||
Fort Worth | Devoyd Jennings | NAACP; and Ft. Worth Minority Leadership |
4-23-81 | and Citizens Council (“Minority | |
Leadership Council”) | ||
Clifford Davis | Black Lawyers of Ft. Worth | |
Dallas | John W. Price | Coalition for Minority Representation |
4-23-81 | (“Coalition”) | |
J. B. Jackson | Frederick W. Douglas Voting Council; | |
black representation | ||
Elsie Fay Heggins | black city council member | |
Jesse Jones | Progressive Voters League; black | |
representation | ||
Ziggy Hunter | minority representation | |
Sim Stokes | Coalition; Chair, Black Republican | |
Council of Dallas | ||
Bill Forrest | black representation | |
Paul Rivers | black representation | |
Houston | Sharon Lorenzo | minority representation |
4-24-81 | ||
Doris Hubbard | minority representation; resident of | |
Acres Homes area | ||
Rev. F. N. Williams | Houston Baptist Pastors and Ministers | |
Fellowship; minority representation | ||
Dr. C. L. Washington | Southeast Improvement Assc.; | |
minority representation | ||
Howard Middleton | Chair, Harris County Council of | |
Organizations (a coalition of 91 black | ||
organizations) | ||
Austin | Joaquin Avila | MALDEF, Texas Rural Legal Aid |
4-28-81 | (“TRLA”), and Southwest Voter | |
Registration Education Project | ||
(“SVREP”) | ||
Choko Gonzalez Meza | SVREP | |
Austin | Jesse Gaines | Ft. Worth-Tarrant County NAACP |
5-16-81 | (“Tarrant NAACP”) | |
Doris Hubbard | black representation | |
Robert Palmer | minority representation | |
Lucy Patterson | Coalition | |
William Forest | Coalition; Frederick Douglas Voting | |
Council | ||
Howard Middleton | Harris County Council of | |
Organizations; black | ||
representation | ||
Paula Brown | Coalition | |
Sim Stokes | Coalition | |
Michael Walker | Coalition | |
Joaquin Avila | MALDEF | |
Al Lipscomb | Coalition | |
Jesse Jones | Dallas Progressive Voters League |
hearing site | ||
---|---|---|
and date | witness | group or issue |
------------ | ------- | -------------- |
Corpus Christi | Ruben Bonilla | LULAC |
9-10-80 | ||
Lubbock | Sister Regina Foppe | hispanic representation |
9-16-80 | ||
McAllen | Joe Sanchez | Mayor of Weslaco |
9-24-80 | ||
San Antonio | Ray Ramirez | LULAC |
10-1-80 | ||
Rolando Rios | SVREP | |
Choco Gonzalez | SVREP | |
Maria Berriozabal | Mex. Am. Business and Professional | |
Women's Club of San Antonio | ||
Houston | Beulah Shepard | Acres Homes, Studewood; black |
10-7-80 | representation | |
Johnny Mata | LULAC | |
Beaumont | Richardo Ramirez | LULAC |
10-22-80 | ||
Ft. Worth | Paul Geisel | Professor of Urban Affairs, U. Tex. at |
11-18-80 | Arlington; minority representation | |
Leonard Chaires | LULAC | |
Gwendolyn Morrison | Ft. Worth Black Chamber of | |
Commerce | ||
Don Gladden | minority representation | |
Jesse L. Gaines | Tarrant NAACP | |
Sam Garcia | hispanic representation | |
Dallas | Rev. S. M. Wright | President Interdenominational |
11-19-80 | Ministers Alliance of Dallas; | |
minority representation | ||
Leonard Chaires | LULAC | |
Sim Stokes | Chair, Coalition | |
Dallas | Richard Dockery | NAACP |
11-19-80 | Chris Brown | Minority Business Community; |
black representation | ||
John Price | Chair, Dallas County Progressive | |
Voters League; black registration | ||
Carolyn I. Wright | Coalition | |
Calvin W. Stephens | President, Dallas Minority Business | |
Center; black representation | ||
El Paso | Jarvier Bonales | LULAC |
12-4-80 | ||
Belton | Vera Sutton | minority representation |
12-18-80 | ||
Antonio Pena | LULAC, Waco |
hearing date | witness | area; group or issue |
---|---|---|
------------ | ------- | -------------------- |
September 24-25, 1981 | Joaquin Avila | MALDEF |
Raul Noriega | El Paso; TRLA; hispanic | |
representation | ||
Margie Vallez | El Paso; Northeast Civic Leaders | |
Council; hispanic representation | ||
Bruce Barrick | Dallas: LULAC; Mex. Am. | |
and Craig Murphy | Republicans; Mex. Am. Democrats | |
Rep. Paul Moreno | El Paso; Chairman Mex. Am. | |
Legislative Caucus | ||
Jamie Gandara | El Paso; El Concilio (the council of 26 | |
hispanic organizations including: G.I. | ||
Forum; Chicano Faculty Assc. of | ||
U.T.E.P.; El Paso Women's Political | ||
Caucus; Farmer Workers Support | ||
Committee; LULAC; Lower Valley | ||
Civil Assc.; Mex. Am. Bar Assc.; | ||
Mex. Am. Democrats; Pan | ||
American Chamber of Commerce; | ||
Project BRAVO) | ||
Rep. Matt Garcia | Bexar County, hispanic representation | |
John Wiley Price | Dallas; Coalition; black | |
representation | ||
Roy Ontiveros | Dallas; minority representation | |
Jesse Gaines | Tarrant NAACP; Minority Leadership | |
Council | ||
Charles Rose | Dallas; Coalition | |
Al Lipscomb | Dallas; black representation | |
Eustolio Gonzalez | County Commissioner Willacy County | |
Joe Rodriguez | hispanic community of interest in “the | |
Valley;” existing Senate District 20 | ||
(“The Valley”) | ||
Fred Hernandez | “The Valley” | |
Jimmey Martinez | “The Valley” | |
Joe Zapata | “The Valley” | |
Alonzo Rodriguez | “The Valley” | |
Humberto C. Saenz, Jr. | “The Valley” | |
George Korbel | TRLA | |
October 25-28, 1981 | Raul Noriega | TRLA |
George Korbel | TRLA | |
Rep. Paul Ragsdale | Dallas; black and hispanic | |
representation | ||
Rep. Bob Valles | El Paso; hispanic representation |
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