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55aAppendix D478 U.S. at 57, 106 S.Ct. 2752). In the case of Mr. Dickens,such special circumstances existed-the absence of anopponent, incumbency, and Mr. Dickens’ Anglo name. Asstated in the Senate Report, here the Court concludesthat the election of one minority candidate does not“necessarily foreclose the possibility of dilution of the[minority] vote, in violation of this section ...” S.Rep. No.97-417, at 29 n. 115 (1982), reprinted in 1982 U.S.C.C.A.N.177, 207.IV. CONCLUSIONS OF LAWA. Gingles IThe first Gingles precondition requires that a plaintiffchallenging an at-large election scheme demonstratethat the minority group is “sufficiently large andgeographically compact to constitute a majority in a singlemember district.” Gingles, 478 U.S. at 50, 106 S.Ct. 2752.Here, Plaintiff has shown that Hispanics are sufficientlygeographically compact and numerous in Irving that anillustrative district can be drawn that has a Hispanicmajority of eligible voters and, therefore, Plaintiff hassatisfied part one of the Gingles threshold test.1. HCVAP Majority Illustrative DistrictsTo satisfy Gingles I, a plaintiff must show that it ispossible to draw an election district of an appropriatesize and shape where the CVAP of the minority groupexceeds 50% of the relevant population in the illustrativedistrict. Bartlett v. Strickland, --- U.S. ----, 129 S.Ct.
56aAppendix D1231, 1245-46, 173 L.Ed.2d 173 (2009); Perez v. PasadenaIndep. Sch. Dist., 165 F.3d 368, 372 (5th Cir.1999). Thisrequirement ensures that the minority group will possessthe potential to elect representatives of its choice in theabsence of the at-large voting scheme. Gingles, 478 U.S.at 50 n. 17, 106 S.Ct. 2752. Unless minority voters possesssuch electoral potential, they cannot claim to have beeninjured by the at-large voting scheme. Id. Here, Plaintiffhas demonstrated that in 2008, HCVAP will comprise53.1 % of the total CVAP in the alternative (CVAP based)Illustrative District, 58.0% in Illustrative District A,56.5% in Illustrative District B, and 55.6% in IllustrativeDistrict C. (See Pl’s Ex. 5, at 3; Ex. 5, at 4; Ex. 8; Exs. 15and 17.)a. Criteria for Drawing Illustrative DistrictsPlaintiff’s alternative (CVAP based) IllustrativeDistrict and Illustrative Districts A, B, and C comportwith traditional districting principles of populationequality and respect for existing official geographicboundaries. See Miller v. Johnson, 515 U.S. 900, 919, 115S.Ct. 2475, 132 L.Ed.2d 762 (1995); Shaw v. Reno, 509U.S. 630, 651, 113 S.Ct. 2816, 125 L.Ed.2d 511 (1993). Mr.Ely has created illustrative districts with populations thatare within 1% of 1/8 of the total population of Irving, andhe has drawn district boundaries along existing Censusblock lines.
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iiPARTIES TO THE PROCEEDINGAND RULE
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ivTable of ContentsPageREASONS FOR
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xCited AuthoritiesStatutes and Othe
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1PETITION FOR A WRIT OF CERTIORARIP
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3The Court should grant the petitio
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5has “an obligation to explain to
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7because the City has substantially
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9City of IrvingPopulation, Voting A
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11The district court granted summar
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13I. This Petition Presents An Impo
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15First, the issue has increasingly
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17wards had far more eligible voter
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19or practice, they cannot claim to
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21This case—in which the choice b
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23two, five, or ten, or one-half.
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25In Chen, the Fifth Circuit reache
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27Importantly, then, the Fourteenth
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30Tennessee voters’ dilution chal
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32Under the Plan, as noted above, D
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34slightly larger than 9.9%—prese
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1aAppendix AAPPENDIX
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2aAppendix APER CURIAM: *This case
Page 53 and 54: 4aAPPENDIX B — Appendix MEMORANDU
Page 55 and 56: 6aAppendix Bpopulation numbers are
Page 57 and 58: 8aAppendix Bwhich total population
Page 59 and 60: 10aAppendix Bthe court does acknowl
Page 61 and 62: 12aAppendix CON PETITION FOR REHEAR
Page 63 and 64: 14aAppendix DIrving’s at-large el
Page 65 and 66: 16aAppendix Dother things, the at-l
Page 67 and 68: 18aAppendix DThornburg v. Gingles,
Page 69 and 70: 20aAppendix Dfailed to establish a
Page 71 and 72: 22aAppendix Dcomplying with the Gin
Page 73 and 74: 24aAppendix Done-hundred percent co
Page 75 and 76: 26aAppendix Dhis opinion that would
Page 77 and 78: 28aAppendix Dto estimate the 2008 H
Page 79 and 80: 30aAppendix Dvotes of Hispanics hav
Page 81 and 82: 32aAppendix Daverage household size
Page 83 and 84: 34aAppendix DDr. Rives attempts to
Page 85 and 86: 36aAppendix Dwith sampling error ac
Page 87 and 88: 38aAppendix DIn his expert report,
Page 89 and 90: 40aAppendix DAs Dr. Rives pointed o
Page 91 and 92: 42aAppendix DC. Gingles II & III-Ra
Page 93 and 94: 44aAppendix Dthis methodology canno
Page 95 and 96: 46aAppendix Dthat the confidence th
Page 97 and 98: 48aAppendix Dto Dr. Alford’s hypo
Page 99 and 100: 50aAppendix DD. Totality of the Cir
Page 101 and 102: 52aAppendix DThe Court concludes th
Page 103: 54aAppendix DNotably, James Dickens
Page 107 and 108: 58aAppendix D2. Proof of Changed De
Page 109 and 110: 60aAppendix DPlaintiff has not empl
Page 111 and 112: 62aAppendix Dthe way in which the v
Page 113 and 114: 64aAppendix Dthe requirement that t
Page 115 and 116: 66aAPPENDIX E — RELEVANT Appendix
Page 117: 68aAppendix Eof insurrection or reb
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