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15aAppendix Dof Irving, and a majority of Irving’s Hispanic populationresides in the southern half of the City. (See Joint PretrialOrder 31-32.)Manuel Benavidez, a Hispanic citizen, is a 37-yearresident of Irving. He resides in Irving’s District 4, andis part of the electorate for each of the members of CityCouncil. (Id.)B. Electoral SystemIrving conducts an at-large election for each of itseight City Council members and its mayor, who also votesas a member of City Council. (Id. at 29.) This electoralsystem allows all Irving voters to vote for candidatesrunning for each of the City Council positions and formayor. Every City Council candidate must run for aparticular numbered position, designated as Places 1to 8. Irving is divided into five districts, and candidatesfor Places 1 to 5 must reside in their respective district.(Id.) Candidates for mayor and for Places 6 to 8 mustreside in Irving, but they are not required to reside inany particular district. (Id.) Irving’s electoral systemrequires run-off elections when no candidate receives amajority of the vote. None of Irving’s eight current CityCouncil members are Hispanic, and over the last twentyyears only one Hispanic candidate has succeeded in a bidfor Irving’s City Council. (Id. at 30.)In 2004, the City Council formed a Charter ReviewCommittee comprised of appointed citizens to reviewthe City Charter and recommend changes to, among
16aAppendix Dother things, the at-large electoral scheme. (Id.) Irving’sHispanic Chamber of Commerce prepared and presenteda report to the Charter Review Committee recommendingthat City Council Places 1-5 be converted from the atlargeto single-member systems. (Id.; PL’s Ex. 46.) TheCharter Review Committee, however, did not recommendthis proposed change, and the City Council did not placethis proposed change on the ballot. (Joint Pretrial Order30.) Ultimately, no relevant conclusions or proposedamendments arose from the Charter Review Committeeto address the City’s demographic changes.II. LEGAL FRAMEWORKA. Section 2 of the Voting Rights ActSection 2 of the Voting Rights Act of 1965, 42 U.S.C.§ 1973, as amended, provides that:(a) No voting qualification or prerequisite tovoting or standard, practice, or procedure shallbe imposed or applied by any State or politicalsubdivision in a manner which results in adenial or abridgement of the right of any citizenof the United States to vote on account of raceor color, or in contravention of the guaranteesset forth in section 1973b(f)(2) of this title, asprovided in subsection (b) of this section.(b) A violation of subsection (a) of this sectionis established if, based on the totality ofcircumstances, it is shown that the political
Page 3 and 4:
iiPARTIES TO THE PROCEEDINGAND RULE
Page 5:
ivTable of ContentsPageREASONS FOR
Page 11:
xCited AuthoritiesStatutes and Othe
Page 14 and 15: 1PETITION FOR A WRIT OF CERTIORARIP
Page 16 and 17: 3The Court should grant the petitio
Page 18 and 19: 5has “an obligation to explain to
Page 20 and 21: 7because the City has substantially
Page 22 and 23: 9City of IrvingPopulation, Voting A
Page 24 and 25: 11The district court granted summar
Page 26 and 27: 13I. This Petition Presents An Impo
Page 28 and 29: 15First, the issue has increasingly
Page 30 and 31: 17wards had far more eligible voter
Page 32 and 33: 19or practice, they cannot claim to
Page 34 and 35: 21This case—in which the choice b
Page 36 and 37: 23two, five, or ten, or one-half.
Page 38 and 39: 25In Chen, the Fifth Circuit reache
Page 40: 27Importantly, then, the Fourteenth
Page 43 and 44: 30Tennessee voters’ dilution chal
Page 45 and 46: 32Under the Plan, as noted above, D
Page 47 and 48: 34slightly larger than 9.9%—prese
Page 49 and 50: 1aAppendix AAPPENDIX
Page 51 and 52: 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: 14aAppendix DIrving’s at-large el
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 and 104: 54aAppendix DNotably, James Dickens
Page 105 and 106: 56aAppendix D1231, 1245-46, 173 L.E
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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