By KRWG News
Texas – A proposal to split Texas' 2012 primaries into two elections with some races decided in March and others in May would have a devastating effect on minority voter strength, particularly if maps drawn by the Legislature are used, attorneys argued Monday.
Attorney General Greg Abbott has suggested a separate primary be held for legislative and congressional races to allow time for court fights over redistricting to be resolved.
Lawmakers redraw districts every 10 years to reflect changes in population reported by the census. Minority groups have sued in federal court in San Antonio, claiming the plan approved this year by the Republican-controlled Legislature didn't reflect the growth in the state's Hispanic and black populations.
With two unresolved court cases, the San Antonio judges issued temporary maps for the Legislature and U.S. House that could be used in the 2012 primary elections.
But last week the U.S. Supreme Court granted Abbott's request that it block their use. Abbott insisted the Legislature's maps rather than maps drawn by federal judges in San Antonio should be in place until the lawsuits are resolved. He suggested Texas delay legislative and congressional primaries until May, arguing that "legal, delayed elections are preferable to legally flawed, timely elections."
The Supreme Court said it will hear oral arguments on the matter Jan. 9.
Maintaining minority voting strength, as required by the 1965 Voting Rights Act, is at the center of the two lawsuits.
"When you move elections to unusual dates, everyone agrees it has a negative impact on minority turnout," said Nina Perales, an attorney for the Mexican American Legal Defense and Education Fund. "Even the state's expert agrees, when you have an unusual election day, minority voters are less likely to turn out.
"We are very, very concerned that the election process has been thrown into chaos."
Abbott's office did not immediately respond to a message seeking comment.
Minorities make up most of the population in 10 of Texas' 32 congressional districts. The court-drawn map would have increased that to 13 out of 36 districts, as Texas gains four seats because of population growth.
In the Texas House, 33 out of 150 districts are considered predominantly Latino districts. The legislative plan would have reduced that number to 31, while the court plan would have increased it to 35, Perales said.
In the second of the court cases, a federal court in Washington has refused to approve the Legislature's redistricting plan without a trial, agreeing with the Justice Department that there was sufficient evidence to question whether it hurt minority representation.
Like other states with a history of racial discrimination, Texas can't implement new maps or other changes to voting practices without federal approval under the 1965 Voting Rights Act. The state asked a panel of federal judges in Washington to sign off on the maps, but they refused. That case is continuing.
Perales said minority voters could be further discouraged by a new law requiring Texas voters to show photo identification before casting a ballot. Texas is awaiting federal approval before the new law can be implemented.
"Certainly, anything layered on to an irregular election day, such as implementation of more restrictive voter identification, is only likely to make things worse," she said.
Democrats contend blacks, Hispanics, senior citizens and the poor are less likely to have required photo IDs and a series of new laws could lead to some voters being disenfranchised if they fail to carry an ID with them.
The redistricting case so far does not appear to raise the broader issue of whether Texas and other states should still be subject to the voting rights law.
Still, Matt Angle, a Democratic consultant who has been working with the plaintiffs in the litigation, said the Republican maps are a "shameful" attempt to erode the intent of the Voting Rights Act.
"The state of Texas can take great pride that LBJ passed the Voting Rights Act and you've got leaders a generation later in Texas, Republicans, who want to erase it," he said.
Abbott's office has argued the Legislature's original map accounts for minority growth and ensures they get adequate representation. But others say it doesn't.
"The whole atmosphere in Texas over the past few months has been a hostile environment for minority voters and minority participation," said Jose Garza, an attorney for the Mexican American Legislative Caucus, one of the plaintiffs in the case. "The situation we find ourselves in now is harmful to all voters, not just minority voters. It may have particular obstacle for minority voters, but this kind of chaos is not good for any voter, regardless of race and ethnicity."
Copyright 2011 The Associated Press.