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

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29aAppendix DOrder 32.) Dr. Rives treated this geocoded SSRVinformation as an indica<strong>to</strong>r of HCVAP, and observedthat <strong>the</strong> SSRV share of <strong>to</strong>tal registered voters was 35.6%within Mr. Ely’s illustrative district, “quite close <strong>to</strong> <strong>the</strong>Hispanic share of <strong>to</strong>tal CVAP for <strong>the</strong> proposed districtin 2000, before plaintiff’s expert extrapolated <strong>the</strong> 2000CVAP <strong>to</strong> 2008 at citywide growth rates.” (Defs.’ Ex. 4,at 14.) Dr. Rives appears <strong>to</strong> suggest that <strong>the</strong> 2008 SSRVnumbers indicate little <strong>to</strong> no growth in HCVAP in <strong>the</strong>illustrative district between 2000-2008.Mr. Ely responded by creating an illustrative districtbased on Dr. Rives’ geocoded SSRV data that includedadditional areas of high SSRV concentration. (PL’s Ex. 5,at 2.) He again used BG citizenship rates and projectedforward <strong>to</strong> arrive at a 2008 estimate, as in his earlierillustrative districts. (Id.) The estimated HCVAP for <strong>the</strong>SSRV based district is 50.5%, and <strong>the</strong> SSRV share of<strong>to</strong>tal registered voters is 40.9%. (Id.) Mr. Ely also notedthat SSRV in Irving had nearly doubled between <strong>the</strong> 2005and 2008 elections (497 and 957, respectively), while <strong>to</strong>talvoters increased by a proportionately more moderateamount (9,014 and 9,823, respectively). (Pl.’s Ex 1, at 5.)The Fifth Circuit has stated that without a strictshowing of probativeness, Spanish surname data aredisfavored, and Census data based upon self-identificationprovide <strong>the</strong> proper basis for analyzing claims that <strong>the</strong>Hispanic ethnicity, except in groups with significant Filipinopopulations. (PL’s Ex. 1, at 4.) Irving has a minimal Filipinopopulation, <strong>the</strong>refore he considers Spanish surname results <strong>to</strong>be generally reliable.

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