[r]ace was a ‘substantial’ or ‘motivating’ factor ... behind the 1901–02 Constitutional Convention's decision to retain an appointive system. Several members of the Convention cast the decision in racial tones, and the plain purpose of the Convention was to disenfranchise as many impoverished people, including most blacks, as the delegates could.... The appointive system was maintained, therefore[,] for constitutionally impermissible reasons in 1902.
General |
---|
Population | School Board |
---|
Buckingham | 42% | black | 14.2% | black |
Halifax | 40% | ” | 22.2% | ” |
Nottoway | 37% | ” | 20% | ” |
Prince Edward | 37% | ” | 25% | ” |
City of Petersburg | 61% | ” | 44.4% | ” |
A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) 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.
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