petitioned the U.S. Supreme Court to grant ... - Election Law Blog
petitioned the U.S. Supreme Court to grant ... - Election Law Blog
petitioned the U.S. Supreme Court to grant ... - Election Law Blog
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7because <strong>the</strong> City has substantially more White voters thanHispanic voters, <strong>the</strong> at-large elec<strong>to</strong>ral system violated <strong>the</strong>VRA by diluting <strong>the</strong> voting power of Hispanic voters andthus denying <strong>the</strong>m an opportunity <strong>to</strong> elect a representativeof <strong>the</strong>ir choice. Id.Benavidez proposed replacing <strong>the</strong> at-large systemwith what he termed <strong>the</strong> “Plan 6-2-1,” which divided<strong>the</strong> City in<strong>to</strong> six single-member districts, two at-largedistricts, and a single mayor. The key attribute of Plan6-2-1 was <strong>the</strong> creation of District 1—a district designed<strong>to</strong> be majority Hispanic. Only by proposing such a districtcould Benavidez meet his burden under Section 2 of <strong>the</strong>VRA of showing that eliminating <strong>the</strong> at-large systemwould result in <strong>the</strong> creation of a district where <strong>the</strong> citizenvoting age population (“CVAP”) of <strong>the</strong> minority groupexceeds 50% of <strong>the</strong> relevant population. App. 55a-56a(citing Gingles, 478 U.S. at 50 n.17). That is, Benavidezneeded <strong>to</strong> show—using CVAP data—that <strong>the</strong> districtcourt could draw such a district in order <strong>to</strong> establish that<strong>the</strong> City’s minority population would possess <strong>the</strong> votingpower <strong>to</strong> elect its desired candidate of choice absent <strong>the</strong>at-large voting scheme. Id. (citation omitted).The City objected <strong>to</strong> replacing <strong>the</strong> at-large systemwith <strong>the</strong> 6-2-1 Plan. Importantly, <strong>the</strong> City argued, interalia, that because District 1 would contain a comparativelyfar fewer number of eligible voters, Benavidez’s plan <strong>to</strong>create a majority-Hispanic district would dilute <strong>the</strong> votesof those eligible voters residing in <strong>the</strong> o<strong>the</strong>r five districtsin violation of <strong>the</strong> Equal Protection Clause’s one-person,one-vote principle. Id. 23a.