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Mark Henry

Second lawsuit filed over Galveston redistricting

Similar grounds, different plaintiffs.

Commissioner Stephen Holmes

A coalition of civil rights groups in Texas filed a federal lawsuit Thursday against Galveston County, alleging that the county’s redistricting plan intentionally discriminates against a growing minority population in the Gulf Coast community.

The complaint, shared first with CNN, marks the second lawsuit that seeks to overturn maps approved by the Republican majority on the county’s governing body. Last month, the Justice Department filed a federal lawsuit against the county on similar grounds — in a redistricting dispute that has garnered national attention.

The new lawsuit — brought by the Texas Civil Rights Project and the Southern Coalition for Social Justice on behalf of local branches of the NAACP and the Galveston League of United Latin American Citizens Council 151 — alleges that the new map diminishes the voting power of Black and Hispanic voters by splitting up the only majority-minority precinct.

The new map endangers the reelection of Stephen Holmes, the county’s only Black commissioner, who has served on the board for 22 years. Holmes is next on the ballot in 2024.

The lawsuit alleges the Republicans majority pushed through a “racially discriminatory map” that “largely took place behind closed doors.”

Sarah Chen, an attorney with the Texas Civil Rights Project, called the map — and the process used by the Republican majority in the county to approve it — “egregious examples of people in power … exercising that power to dilute the votes of racial minorities.”

[…]

Both this lawsuit and the complaint by the Justice Department underscore the difficult legal terrain that voting rights advocates now face in challenging alleged discriminatory maps. This cycle marks the first round of redistricting since the US Supreme Court in 2013 gutted the so-called preclearance provision of the 1965 Voting Rights Act.

That provision required states with a history of discrimination to first obtain the permission of the federal government or the courts before enacting new laws related to voting.

With those powers gone, the Justice Department’s lawsuit relies largely on another section of the federal voting rights law, Section 2, which puts the burden on the federal government to prove its case.

The lawsuit filed Thursday cites Section 2, but also argues that map violates the constitutional rights of Black and Latino voters to equal protection of the law.

Chen said civil rights groups are looking for “different pathways” in voting rights cases “because victory is never assured.”

See here and here for the background, and here for a copy of the complaint. The Texas Civil Rights Project, which is co-counsel along with the Southern Coalition for Social Justice, has a tweet thread about this as well. I haven’t read through the two of them so I can’t say where they are specifically similar and different, but the coverage suggests they have overlap. It won’t surprise me if these two lawsuits are eventually combined. I remain less than confident that the plaintiffs will get the relief they seek given the hostility the federal courts have shown towards voting rights in recent years, but I will say that I’m old enough to remember a day when a white majority reducing the political power of communities of color for the reasons of “because we can, that’s why” was considered to be in poor taste. I feel like we should try to return to those days, but what do I know? Daily Kos has more.

Justice Department sues over Galveston County Commissioners Court map

Good, but remember how the federal courts are these days before getting too optimistic.

Commissioner Stephen Holmes

The Department of Justice on Thursday sued Galveston County over its new redistricting map, accusing Republican county officials of violating the Voting Rights Act last year when they carved up their Commissioners Court precincts into four majority-white districts.

The redrawn map dismantles the precinct represented by Commissioner Stephen Holmes, the only Democrat and minority member of the court, all but ensuring his defeat in 2024 if the map remains intact.

Under the new layout, Republicans are poised to gain a 5-0 majority on the governing body for Galveston County, where 38 percent of voters cast their ballots for Democrat Joe Biden.

In a 25-page complaint filed in the U.S. District Court for the Southern District of Texas, Justice Department officials alleged that Galveston County’s freshly drawn boundaries dilute the voting strength of Black and Hispanic voters, denying them “an equal opportunity to participate in the political process.” The lawsuit accuses the county of violating Section 2 of the Voting Rights Act, which broadly bars racially discriminatory voting practices, including those that minimize the voting strength of racial minority groups.

In asking the court to toss the precincts for “any future elections” — and order the county to redraw a map “that complies with Section 2 of the Voting Rights Act” — the Justice Department also cited Galveston County’s history of drawing federal scrutiny over redistricting. In 2012, federal officials struck down the county’s commissioner, constable and justice-of-the-peace maps, finding that they ran afoul of the Voting Rights Act by diminishing the power of minority voters.

“Over the course of the past three decades, Galveston County has sought to eliminate electoral opportunities for the County’s Black and Hispanic voters,” the lawsuit reads. “The County has a long history of adopting discriminatory redistricting plans.”

[…]

Commissioners Court approved the latest boundaries in November, uprooting Holmes’ Precinct 3 from parts of the county he had represented since being appointed to the court in 1999. While the district had previously cut through the middle of Galveston County, covering an area where the majority of eligible voters were Black and Hispanic, it is now consolidated in the largely white and Republican northwest corner of the county, taking in Friendswood and League City.

Holmes has said he expects to be replaced by a white candidate, given that only about a quarter of the eligible voters in his new precinct are minorities.

“Even though Galveston County is 45 percent minority, every single member of the Galveston County Commissioners Court, under the new map, is going to be Anglo,” Holmes said in an interview last November. “Minorities would not be represented by, or have the opportunity to elect, the candidate of their choice.”

See here for the background, and here for a copy of the complaint. The story notes the 2012 redistricting in Galveston that was blocked for being discriminatory, and also notes that that happened back when we still had preclearance. We don’t have that, and we do have a Supreme Court that is increasingly aggressive in allowing all kinds of radical Republican redistricting maps to stand, so like I said, I’m not optimistic. But what else are you gonna do? Reform Austin has more.