petitioned the U.S. Supreme Court to grant ... - Election Law Blog

52aAppendix DThe Court concludes that the place requirement for Irvingelections has an enhancing discriminatory effect withrespect to Hispanic success in Irving elections.Third, Irving conducts staggered term elections: onlythree of the eight districts and the mayoral seat are on theballot in each election. (PL’s Pretrial Order. 29.) “The useof staggered terms also may have a discriminatory effectunder some circumstances, since it, too, might reduce theopportunity for single-shot voting or tend to highlightindividual races.” City of Lockhart v. United States, 460U.S. 125, 135, 103 S.Ct. 998, 74 L.Ed.2d 863 (1983). In acity such as Irving, where there’s an at-large electoralsystem, a majority non-Hispanic population, and racialbloc voting predominates, staggered terms function todilute Hispanic voting strength. See City of Rome, 446U.S. at 183-85, 100 S.Ct. 1548 (affi rming fi nding thatstaggered terms, together with other voting procedures,acted to dilute minority voting strength when combinedwith the presence of racial bloc voting, majority whitepopulation, and at-large electoral system).3. Senate Factor 5: Socio-Economic DisparityThe fifth Senate Factor questions whether theminority group bears the effects of discrimination, inareas such as education, employment, and health, whichhinders its ability to participate effectively in the politicalprocess. Gingles, 478 U.S. at 37, 106 S.Ct. 2752. Wheredisproportionate educational, employment, income level,and living conditions can be shown and where the level ofminority participation in politics is depressed, “plaintiffsneed not prove any further causal nexus between their