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49aAppendix Dover 90% of the people receiving ballots. (PL’s Ex. 25,at 5.) There are numerous precincts in Irving in whichmore than 90% of those receiving ballots did not havea Spanish surname, so this methodology was employedto derive estimates of non-Hispanic voters’ candidatepreferences. (Id.) Dr. Engstrom additionally applied ERand EI analysis to the non-Hispanic vote, and the partiesdon’t dispute that non-Hispanic voters tend to vote as asignificant bloc. (PL’s Ex. 26, at Table 1; Defs.’ Ex. 51, atTable 4a; Trial Tr. vol. 1, 129, Feb. 19.)Election2008-Mayor2008-Place 32005-Place 5% of Non-Hispanic VotersRezaHPA 4.7ER -0.6EI 2.0RiveraHPA 30.0ER 19.7EI 14.6MedinaHPA 14.6ER 10.3EI 9.9
50aAppendix DD. Totality of the Circumstances-Senate Report FactorsThe Senate Report’s “list of typical factors is neithercomprehensive nor exclusive” and “there is no requirementthat a particular number of factors be proved, or that amajority of them point one way or the other.” Gingles, 478U.S. at 45, 106 S.Ct. 2752. Rather, the ultimate “questionwhether the political processes are equally open dependsupon a searching practical evaluation of the past andpresent reality, and on a functional view of the politicalprocess.” Id. (internal citations omitted).1. Senate Factor 2: Racial PolarizationThe second Senate factor evaluates the extent to whichvoting in the elections of the state or political subdivisionis racially polarized. Gingles, 478 U.S. at 37, 106 S.Ct.2752. In the three elections evaluated in which a Hispaniccandidate was on the ballot, the Hispanic candidate alwaysreceived more than 63% of the Hispanic vote and lessthan 31% of the non-Hispanic vote. (PL’s Tr. Ex. 26, atTable 1.) In the most extreme of the three elections, CityCouncil candidate Reza received 100% of the Hispanic voteand only 10% of the non-Hispanic vote, according to Dr.Engstrom’s ER estimates. (Id.) The Court finds that thestatistical evidence shows that racially polarized votingoccurred and the degree of polarization was significantin the last three elections involving Hispanic candidates.
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iiPARTIES TO THE PROCEEDINGAND RULE
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ivTable of ContentsPageREASONS FOR
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xCited AuthoritiesStatutes and Othe
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1PETITION FOR A WRIT OF CERTIORARIP
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3The Court should grant the petitio
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5has “an obligation to explain to
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7because the City has substantially
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9City of IrvingPopulation, Voting A
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11The district court granted summar
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13I. This Petition Presents An Impo
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15First, the issue has increasingly
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17wards had far more eligible voter
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19or practice, they cannot claim to
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21This case—in which the choice b
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23two, five, or ten, or one-half.
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25In Chen, the Fifth Circuit reache
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27Importantly, then, the Fourteenth
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30Tennessee voters’ dilution chal
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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 and 64: 14aAppendix DIrving’s at-large el
Page 65 and 66: 16aAppendix Dother things, the at-l
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: 48aAppendix Dto Dr. Alford’s hypo
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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