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

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30aAppendix Dvotes of Hispanics have been diluted in violation of Section2. Rodriguez v. Bexar County, Tex., 385 F.3d 853, 867 n.18 (5th Cir.2004). Additionally, Dr. Rives’ analysis neglectsa number of critical fac<strong>to</strong>rs that would tend <strong>to</strong> depressHispanic voter registration rates. For example, Dr. Rivesfails <strong>to</strong> consider that low registration rates may be <strong>the</strong>result of non-representative or dilutive election systems,and that low registration rates are often associated withlow income populations. (PL’s Ex. 4, at 5; Trial Tr. vol. 1,4, Feb. 18.) Additionally, low voter registration rates arefrequently associated with younger populations-especiallyrelevant here, where 50% of Hispanic citizens in Irvingwere under age 18 in 2000. (PL’s Ex. 4, at 5.) Finally,changes in registration may lag behind changes in <strong>the</strong>population, as people often delay or fail <strong>to</strong> register when<strong>the</strong>y become eligible upon moving in<strong>to</strong> an area, turning18, or becoming a citizen. (Id.) Therefore, <strong>the</strong> <strong>Court</strong> finds<strong>the</strong> SSRV data unpersuasive.e. Housing S<strong>to</strong>ck AnalysisIn his expert report and testimony at trial, Dr. Rivescritiqued Mr. Ely’s application of city-wide growth rates<strong>to</strong> <strong>the</strong> illustrative districts. Dr. Rives claimed that “<strong>the</strong>growth of CVAP necessarily entails <strong>the</strong> growth of <strong>to</strong>talpopulation.” (Defs.’ Ex. 5, at 3; see also Defs.’ Ex. 4, at8-9 and Trial Tr. vol. 1, 84, Feb. 18.) He <strong>the</strong>n questionedhow <strong>the</strong> illustrative district could have absorbed thisnet increase in population. (Defs.’ Ex. 4, at 8.) Dr. Rivesused data from <strong>the</strong> Irving Planning Department <strong>to</strong>demonstrate that housing and land-use development inIrving for <strong>the</strong> 2000-2006 period largely occurred in <strong>the</strong>nor<strong>the</strong>rn part of Irving, whereas <strong>the</strong> illustrative districts

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