Killing Mockingbirds In Galveston

This excerpt from the last DOJ rejection letter on Oct. 3, 2011, demands careful consideration by the Charter Committee and a clear public explanation of the motivation and rationale for those six votes.

A voting change has a discriminatory effect if it will lead to retrogression in the ability of language or racial minorities “with respect to their effective exercise of the electoral franchise.” Beer v. United States, 425 U.S. 130, 141 (1976). The voting change at issue must be measured against the benchmark practice to determine whether the ability of minority voters to participate in the political process and elect candidates of their choice will be “augmented, diminished, or not affected by the change affecting voting.” Ibid.

Under the existing method of voting, minority voters currently have the ability to elect a candidate of choice in three of the six single-member districts. In contrast, this ability would exist only in two of four districts and in neither of the two at- large positions under the proposed system. Indeed, in the course of our investigation, the city acknowledged that the proposed method of election will decrease the number of minority ability-to-elect districts.

Intentionally diminishing the opportunity of minorities to vote and elect someone of their choice under the Voting Rights Act is crossing into dangerous territory. The fact that the Justice Department rejected Galveston’s four prior efforts to change to 4-2-1 strongly suggests the depth of the hurt, anger, and distrust that many feel as Galveston rushes toward this fifth attempt.