DISTRICT 52 |
Total | Black | % Black |
---|
City of Youngstown | |||
Ward 2 | 16,597 | 10,341 | (62.3%) |
Ward 7 | 17,485 | 182 | (1.04%) |
Campbell City | 11,619 | 1,173 | (10.1%) |
Boardman Twp. (Part) | 10,881 | 52 | (0.48%) |
Other cities and townships | 54,793 | 578 | (1.05%) |
Total | 110,975 | 12,326 | (11.11%) |
DISTRICT 53 |
City of Youngstown | |||
Ward 1 | 16,667 | 9,791 | (58.74%) |
Ward 3 | 16,761 | 7,528 | (44.91%) |
Ward 4 | 16,168 | 339 | ( 2.1%) |
Ward 5 | 16,430 | 4,985 | (30.3%) |
Ward 6 | 15,719 | 5,312 | (33.79%) |
Boardman Twp. (Part) | 30,952 | 173 | ( 0.56%) |
Total | 112,697 | 28,128 | (24.96%) |
Plaintiffs must either prove such intent, or alternatively, must show that the challenged system or practice, in the context *1049 of all the circumstances in the jurisdiction in question, results in minorities being denied equal access to the political process.
First, electoral devices, such as at-large elections, may not be considered per se violative of § 2. Plaintiffs must demonstrate that, under the totality of the circumstances, the devices result in unequal access to the electoral process. Second, the conjunction of an allegedly dilutive electoral mechanism and the lack of proportional representation alone does not establish a violation. Third, the results test does not assume the existence of racial bloc voting; plaintiffs must prove it.
(e) Attorney's fees. In any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.
There are no allegations that laws in Mahoning County have ever prohibited blacks from voting or from registering to vote. Additionally, none of the election procedures frequently used to discriminate against minorities are present here: candidates are elected from single member districts, there is no majority vote requirement and no formal slating process, and only 150 signatures are needed to obtain a place on the ballot.
The number of elections that must be studied in order to determine whether voting is polarized will vary according to pertinent circumstances. One important circumstance is the number of elections in which the minority group has sponsored candidates. Where a minority group has never been able to sponsor a candidate, courts must rely on other factors that tend to prove unequal access to the electoral process. Similarly, where a minority group has begun to sponsor candidates just recently, the fact that statistics from only one or a few elections are available for examination does not foreclose a vote dilution claim.
In this case, appellees allege that within each contested multimember district there exists a minority group that is sufficiently large and compact to constitute a single-member district. In a different kind of case, for example a gerrymander case, plaintiffs might allege that the minority group that is sufficiently large and compact to constitute a single-member district has been split between two or more multimember or single-member districts, *1080 with the effect of diluting the potential strength of the minority vote.
The question presented by this case is whether this “results test” protects the right to vote in state judicial elections. We hold that the coverage provided by the 1982 amendment is coextensive with the coverage provided by the Act prior to 1982 and that judicial elections are embraced within that coverage.
Our decision today is limited in character, and thus, it is useful to begin by identifying certain matters that are not in dispute. No constitutional claims are before us.... [T]his case presents solely a question of statutory construction. That question involves only the scope of the coverage of § 2 of the Voting Rights Act as amended in 1982. We therefore do not address any question concerning the elements that must be proved to establish a violation of the Act or the remedy that might be appropriate to redress a violation if proved.
According to plaintiffs' theory, this means that any system of districting, no matter how fair and impartial in its conception, is subject to attack unless it “pools” minority voters in sufficiently large enclaves so that they can “influence” the result of elections. “One man—one vote” is to be converted into “one group—one election victory.”
Candidate | Black Vote | White Vote | 2 | |
Frost, 1981 mayoral primary | 70% | 20% | 0.87 | |
Pincham, 1983 school board | 65% | 33% | 0.92 | |
Simon, 1983 school board | 60% | 8% | 0.77 | |
Rogers, 1983 school board | 73% | 12% | 0.91 | |
Frost, 1983 mayoral general | 64% | 3% | 0.96 | |
Benson, 1984 State Rep. | 12% | 7% | 0.20 | |
Jackson, 1984 Pres. primary | 98% | 2% | 0.96 | |
Simon, 1985 school board | 90% | 6% | 0.97 | |
Starks, 1985 Mayoral Primary | 98% | 6% | 0.97 | |
Starks, 1986 County Auditor | 67% | 2% | 0.67 | |
Armour, 1986 State Rep. | 48% | 4% | 0.83 | |
Hightower, 1987 school board | 90% | 20% | 0.93 | |
Pincham, 1987 school board | 80% | 35% | 0.91 | |
Jackson, 1988 Pres. primary | 98% | 9% | 0.95 | |
Average (Total/14) | 72% | 12% | 0.80 |
Without elections for which R 2<0.50 | 77% | 12% | 0.90 |
The following data are excerpted from tables published in the 1980 Census of Population and Housing Report for the Youngstown–Warren, Ohio Standard Metropolitan Statistical Area. |
Tables H–2 and H–3 Occupancy, Utilization and Financial Characteristics of Housing Units in Mahoning County |
White | Black | |
PERSONS IN UNIT |
1 person | 18,849 | 3,051 |
2 persons | 27,780 | 3,484 |
3 persons | 15,629 | 2,581 |
4 persons | 13,980 | 2,071 |
5 persons | 7,135 | 1,259 |
6 persons | 2,867 | 626 |
7 persons | 1,094 | 376 |
8 or more persons | 457 | 237 |
Median, occupied housing units | 2.40 | 2.62 |
Median, owner-occupied housing units | 2.67 | 2.87 |
Median, renter-occupied housing units | 1.70 | 2.33 |
VALUE | ||
Specified owner-occupied housing units | 58,276 | 6,707 |
Less than $15,000 | 3,546 | 1,916 |
$15,000 to $19,999 | 3,204 | 1,366 |
$20,000 to $24,999 | 4,537 | 1,121 |
$25,000 to $29,999 | 5,703 | 695 |
$30,000 to $34,999 | 6,535 | 548 |
$35,000 to $39,999 | 6,018 | 308 |
$40,000 to $49,999 | 10,467 | 379 |
$50,000 to $59,999 | 7,153 | 169 |
$60,000 to $79,999 | 7,490 | 162 |
$80,000 to $99,999 | 2,293 | 34 |
$100,000 to $149,999 | 1,038 | 6 |
$150,000 to $199,999 | 198 | 2 |
$200,000 or more | 94 | 1 |
Median | $ 39,700 | $ 20,200 |
CONTRACT RENT | ||
Specified renter-occupied housing units | 20,498 | 5,595 |
Median | $ 180 | $ 107 |
Tables P–12 & P–14 Social and Labor Force Characteristics for Mahoning County: 1980 |
SCHOOL ENROLLMENT | ||
Persons 3 years old and over enrolled in school | 61,122 | 12,625 |
Nursery School | 2,699 | 606 |
Kindergarten | 3,022 | 775 |
Elementary School (1 to 8 years) | 28,083 | 6,436 |
High School (1 to 4 years) | 16,121 | 3,236 |
College | 11,197 | 1,572 |
YEARS OF SCHOOL COMPLETED | ||
Persons 25 years of age or older | 153,435 | 21,364 |
Elementary: | 0 to 4 years | 3,564 | 1,518 |
5 to 7 years | 7,813 | 2,076 | |
8 years | 10,996 | 1,353 |
White | Black |
YEARS OF SCHOOL COMPLETED |
High School: | 1 to 3 years | 27,279 | 5,443 |
4 years | 65,766 | 7,527 | |
College: | 1 to 3 years | 20,021 | 2,535 |
4 or more years | 17,996 | 912 |
LABOR FORCE STATUS | ||
Persons 16 years and over | 191,484 | 28,328 |
Labor force | 110,316 | 14,822 |
Percent of persons 16 and over | 57.6 | 52.3 |
Employed | 99,320 | 11,229 |
Unemployed | 10,923 | 3,583 |
Percent of civilian labor force | 9.9 | 24.2 |
LABOR FORCE STATUS IN 1979 | ||
Persons 16 years and over, in labor force in 1979 | 119,214 | 16,321 |
Percent of persons 16 and over | 62.3 | 57.6 |
Worked in 1979 | 116,806 | 14,673 |
40 or more weeks | 86,678 | 9,607 |
Usually worked 35 or more hrs/week | 73,220 | 8,226 |
50 to 52 weeks | 70,106 | 7,067 |
Usually worked 35 or more hrs/week | 60,844 | 6,179 |
With unemployment in 1979 | 25,307 | 6,112 |
Percent of those in labor force in 1979 | 21.2 | 37.4 |
Unemployed 15 or more weeks | 9,176 | 3,225 |
Mean weeks of unemployment | 14.5 | 20.6 |
Tables P–13 and P–15 Occupation, Income in 1979, and Poverty Status in 1979 for Mahoning County: 1980 |
Census Tracts | ||
[400 or More White Persons and | ||
400 or More of a Specified Racial | ||
Group] | White | Black |
INCOME IN 1979 | ||
Households | 87,969 | 13,752 |
Less than $5,000 | 10,352 | 3,922 |
$5,000 to $7,499 | 5,993 | 1,386 |
$7,500 to $9,999 | 6,260 | 1,159 |
$10,000 to $14,999 | 12,167 | 1,797 |
$15,000 to $19,999 | 13,312 | 1,691 |
$20,000 to $24,999 | 13,570 | 1,407 |
$25,000 to $34,999 | 15,889 | 1,509 |
$35,000 to $49,999 | 7,351 | 721 |
$50,000 or more | 3,075 | 160 |
Median | $ 18,401 | $11,047 |
Mean | $ 20,259 | $14,118 |
Families | 67,398 | 10,356 |
Median income | $ 21,245 | $13,552 |
Mean income | $ 23,176 | $15,896 |
Unrelated individuals | ||
15 years and over | 24,394 | 4,450 |
Median income | $ 6,635 | $ 4,452 |
Mean income | $ 9,186 | $ 6,722 |
Per capita income | $ 7,323 | $ 4,696 |
Households | 87,969 | 13,752 |
With earnings | 69,349 | 9,338 |
Mean earnings | $ 21,099 | $16,436 |
With Social Security income | 27,184 | 3,761 |
Mean Social Security income | $ 4,427 | $ 4,131 |
With public assistance income | 5,465 | 4,112 |
Mean public assistance income | $ 2,515 | $ 2,546 |
White | Black |
INCOME IN 1979 BELOW POVERTY LEVEL | ||
Families | 3,906 | 2,823 |
Percent below poverty level | 5.8 | 27.3 |
Householder worked in 1979 | 1,926 | 848 |
INCOME IN 1979 BELOW POVERTY LEVEL | ||
With related children under 18 years | 2,877 | 2,477 |
Female householder, no husband present | 1,663 | 2,073 |
Householder worked in 1979 | 655 | 562 |
With related children under 18 years | 1,482 | 1,941 |
With related children under 6 yrs. | 784 | 1,141 |
Householder 65 years and over | 462 | 211 |
Unrelated individuals for whom | ||
poverty status is determined | 5,285 | 1,860 |
Percent below poverty level | 22.0 | 42.3 |
65 years and over | 1,943 | 549 |
Persons for whom poverty status | ||
is determined | 18,818 | 12,238 |
Percent below poverty level | 7.8 | 30.2 |
Related children under 18 years | 6,418 | 5,828 |
Related children 5 to 17 years | 4,655 | 3,959 |
60 years and over | 3,850 | 1,311 |
65 years and over | 2,799 | 884 |
Percent of persons for whom poverty | ||
status is determined | ||
Below 75 percent of poverty level | 5.4 | 25.0 |
Below 125 percent of poverty level | 10.9 | 35.6 |
Below 200 percent of poverty level | 23.3 | 51.7 |
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