Arkansas Democrat Gazette
5/11/12
HELENA-WEST HELENA — In wrapping up the federal trial over whether state Senate district boundaries violate the Voting Rights Act, the attorneys for the plaintiffs and the secretary of state argued that giving black voters the chance to elect the candidate of their choice had not been a priority for the mapmakers.
But attorneys for Gov. Mike Beebe and Attorney General Dustin McDaniel disagreed. They also disputed testimony from the plaintiff ’s expert witness, who argued that District 24’s 52.88 percent black majority isn’t large enough to guarantee that black voters can choose the candidate of their choice.
The lawsuit seeks to prohibit Arkansas from using district boundaries approved last summer by the state Board of Apportionment and make the state draw districts that the plaintiffs say would better serve black voters in the eastern Arkansas Delta region, particularly in District 24.
The case is Future Mae Jeffers v. Mike Beebe. Plaintiffs in the case were part of lawsuits in the 1980s and 1990s that created some House and Senate districts where black voters are in the majority. These districts were created to account for lower rates of black voting caused by institutionalized bias and to enhance the influence of black voters.
The panel of three federal judges did not rule Thursday.
The lawsuit states that board members “drew that Senate plan with the intent and effect of diluting the voting strength of African American voters in northeastern Arkansas and denying them an equal opportunity to elect candidates of their choice to the Senate.”
The board is made up of McDaniel and Beebe, both Democrats, and Secretary of State Mark Martin, a Republican. The board is responsible for drawing new House and Senate district boundaries after the U.S. census.
District 24 includes all of Crittenden County and parts of Cross, Lee, Phillips and St. Francis counties. It has a black voting-age population of 52.88 percent.
Martin, who was represented by a separate attorney in the trial and was the only vote against the new Senate boundaries, largely sided with the plaintiffs in the case.
“Secretary of State Mark Martin’s position is that there has been a violation of the Voting Rights Act by the Board of Apportionment and the plan adopted by the Board of Apportionment for Senate District 24 deprives African American voters of the equal opportunity to elect the candidate of their choice,” Martin’s attorney, Asa Hutchinson, said.
Hutchinson, a former congressman, lost to Beebe in the 2006 gubernatorial election.
On Wednesday, the judges dismissed the charge against Martin that states that the secretary of state intentionally discriminated against black voters.
Hutchinson argued that the governor and attorney general’s priority was to put all of Crittenden County into the same district – despite the effect it would have on the district’s racial demographics.
“You cannot do that and meet your obligation under the Voting Rights Act,” he said. “That priority took precedence over the effort to maintain a majority-minority district.”
The lawsuit contends that the Senate district lines violate Section 2 of the Voting Rights Act of 1973 as well as the 14th and 15th amendments to the U.S. Constitution, which were ratified after the Civil War to protect blacks’ civil rights.
McDaniel and Beebe stated when they testified earlier in the week that they were most concerned with meeting other commonly held redistricting “principles.”
Those include that districts need to have less than 10 percent population variance; not be drawn solely based on race; be designed with all parts connected and compact; avoid splitting political entities such as cities; keep similar communities together; maintain the core of existing districts; protect incumbents; and minimize gerrymandering, which is drawing districts to protect a political party.
The plaintiff ’s attorney, James Valley, said the state tried to return the district to what it was before the original Jeffers case.
“There are many similarities between this case and Jeffers,” Valley said, calling the situation “same stuff, different decade.”
He said although the governor and attorney general testified that they hoped to maximize the black voting-age population in the district, they didn’t do so.
“We believe the Board of Apportionment has failed,” Valley said.
He asked the panel to halt voting in District 24 and the surrounding districts until new boundaries can be determined.
At no point in the four-day trial did a witness provide an exact percentage for what the black voting-age population needs to be so that the rate at which blacks vote is comparable to the rate at which whites vote. The black voting rate can be depressed by poverty and low education levels, plaintiff’s witnesses said.
In his testimony of behalf of the state Thursday, Jeffrey Zax, an economics professor at the University of Colorado in Boulder, sought to discredit the data and the analysis done by the plaintiff’s expert witness.
When they made up 60 percent of the voting-age population, blacks were still struggling to consistently elect black candidates to represent them from this section of Arkansas, electoral consultant Lisa Handley testified Tuesday.
Now, with blacks making up less than 53 percent of the voting-age population in newly formed District 24, it’s even less likely that black voters will have the opportunity to elect the candidate of their choice, she said.
Zax argued that Handley used flawed and at times incorrect data and that she should not have based her analysis on election results for legislative races from polling places inside the district.
Instead, he looked at state and national election results in four of the five counties that make up the district now to determine how those counties would vote if presented with the choice between a white and a black candidate. He did not use Cross County, where only a small percent of the district’s population resides. Some of the whole counties he considered include the disputed areas in the case, specifically the western portion of St. Francis County.
Valley argued that a high school student who knew algebra could do those calculations and said Zax didn’t actually analyze any data.
Zax said, based on his analysis, the candidate supported by black voters will always win races within these four counties.
“The black preferred candidate always prevailed, therefore there is no evidence, no credible evidence, of voter dilution,” he said.
Assistant Attorney General David Curran pointed out in his closing argument that the sitting senator, Jack Crumbly, D-Widener, is black.
“The idea that the old District 16 wasn’t working defies common sense,” he said.
Curran said the years the district was held by a white senator shows that the district was fair to both blacks and whites.
“That is what happens from time to time in an equal-opportunity race,” he said.
Zax said the legislative races analyzed by Handley are not good predictors of voter behavior in District 24 because all parts of District 24 did not take part in those elections.
Handley said the best way to predict behavior in a future legislative race is to examine past legislative races, not statewide or national contests.