Republican Commissioners Jack Cagle and Tom Ramsey have filed a voting rights lawsuit in state court in hopes of halting a Harris County redistricting plan they claim strips more than 1.1 million people of their right to vote in 2022.
Cagle and Ramsey, who are in the political minority in county government, lost ground in the redistricting plan their three political opponents supported, as Cagle’s Precinct 4 was redrawn last month to become majority Democrat.
Cagle and Ramsey announced Tuesday they were suing Democratic County Judge Lina Hidalgo and the county itself, but indicated through their attorney they see Commissioners Rodney Ellis and Adrian Garcia as equally culpable of depriving voters’ rights. Three fellow plaintiffs who stood with the commissioners at a news conference were identified in court documents as registered voters and ethnic minorities.
One plantiff, Ranya Khanoyan, a senior in ROTC at Klein Cain High School, voted for the first time in November, but she would not be able to vote for Precinct 4 commissioner in the March primary or November election because the plan moves her to Precinct 3, which does not have an election until 2024.
“I’m not willing to look Ranya who just turned 18 in the face and say, ‘You know, sweetie, you’re going to have to wait til 2024 to vote,’” said the commissioners’ attorney, Andy Taylor. “The right to vote is sacred.”
See here for the background. Sure does suck to be on the other side, doesn’t it, fellas? And hey, welcome back to the spotlight, Andy Taylor. With Jared Woodfill filing all the crazy political lawsuits these days, I’d almost forgotten you existed.
My initial reaction, when I saw the early version of this story, was that this lawsuit was ridiculous on its face. If “I don’t get to vote for County Commissioner in the next election” is the standard, then it would be impossible to ever move a voter from, say, Precinct 1 to Precinct 4. I’d be willing to be that if we went back to past redistrictings, like the 2011 redistricting, we had some motion from an odd-numbered district to an even-numbered one, or vice versa. It would mean that the next time HISD has to redraw boundaries, it could only move voters between districts that are on the same four-year schedule. I have a hard time believing that’s a constitutional or statutory right that’s being violated here. At least one person agrees with me:
Mark Jones, a political science professor at Rice University, said the commissioners’ lawsuit takes a creative approach but added, “This isn’t going anywhere.”
“The premise of it is that somehow because of staggered terms for county commissioners a person’s constitutional rights are being violated because they’ll have to wait two years to vote,” Jones said.
Those who might have to wait this time around because of the new map would vote in 2024 and 2028, he said. They wouldn’t lose their right to vote in Jones’ view. Like other southern politicians following the Supreme Court’s 2013 decision in Shelby v. Holder, which cut out key provisions of the Voting Rights Act, the members of commissioners court had much more flexibility in reshaping districts in 2021 than in 2011, 2001 or 1991. The did not need preclearance to make the changes.
Jones likened the Republicans’ announcement this week to the Democratic redistricting lawsuits against the Texas House and Senate and the U.S. House of Representatives.
“This is much more political posturing rather than legal strategy,” he said. “This is more a negative reaction to the extreme partisan gerrymandering by Rodney Ellis, Lina Hidalgo and Adrian Garcia.”
Jones’ colleague at Rice, Robert Stein, agreed that the county’s new district boundaries undoubtedly disadvantage both Republican commissioners and many of their supporters.
“There is great irony in the fact the two white Republican males are suing the County Judge over the county commissioners redistricting plan,” Stein said. “For the last 100 years Blacks and Hispanics have argued, sometimes successfully, sometimes unsuccessfully, that the partisan drawing of legislative districts prevented them from voting for the candidates of their choice.”
This was filed in state court, so some Harris County judge will get to deal with it. There’s no federal standard for partisan gerrymandering, because the concept was too hard for John Roberts to deal with, but state courts could find that such a thing had happened. I don’t know that the Republicans in Austin will be all that thrilled in that event. I will of course keep an eye on this.