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

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19aAppendix D(2) <strong>the</strong> extent <strong>to</strong> which voting in <strong>the</strong> electionsof <strong>the</strong> state or political subdivision is raciallypolarized;(3) <strong>the</strong> extent <strong>to</strong> which <strong>the</strong> state or politicalsubdivision has used unusually large electiondistricts, majority vote requirements, antisingleshot provisions, or o<strong>the</strong>r voting practicesor procedures that may enhance <strong>the</strong> opportunityfor discrimination against <strong>the</strong> minority group;(4) if <strong>the</strong>re is a candidate slating process,whe<strong>the</strong>r <strong>the</strong> members of <strong>the</strong> minority grouphave been denied access <strong>to</strong> that process;(5) <strong>the</strong> extent <strong>to</strong> which members of <strong>the</strong> minoritygroup in <strong>the</strong> state or political subdivision bear<strong>the</strong> effects of discrimination in such areasas education, employment and health, whichhinder <strong>the</strong> ability <strong>to</strong> participate effectively in<strong>the</strong> political process;(6) whe<strong>the</strong>r political campaigns have beencharacterized by overt or subtle racial appeals;and(7) <strong>the</strong> extent <strong>to</strong> which members of <strong>the</strong> minoritygroup have been elected <strong>to</strong> public office in <strong>the</strong>jurisdiction.The Fifth Circuit has noted that “it will be only <strong>the</strong>very unusual case in which <strong>the</strong> Plaintiffs can establish<strong>the</strong> existence of <strong>the</strong> three Gingles fac<strong>to</strong>rs but still have

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