| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the Texas Voting Rights Act. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 1, Election Code, is amended by adding |
|
|
Chapter 5 to read as follows: |
|
|
CHAPTER 5. TEXAS VOTING RIGHTS ACT |
|
|
Sec. 5.001. DEFINITIONS. As used in this chapter: |
|
|
(1) "At-large election" means any of the following |
|
|
methods of electing members to the governing body of a political |
|
|
subdivision: |
|
|
(A) one in which the voters of the entire |
|
|
jurisdiction elect the members to the governing body; |
|
|
(B) one in which the candidates are required to |
|
|
reside within given areas of the jurisdiction and the voters of the |
|
|
entire jurisdiction elect the members to the governing body; or |
|
|
(C) one that combines at-large elections with |
|
|
district-based elections. |
|
|
(2) "District-based election" means a method of |
|
|
electing members to the governing body of a political subdivision |
|
|
in which the candidate must reside within an election district that |
|
|
is a divisible part of the political subdivision and is elected only |
|
|
by voters residing within that election district. |
|
|
(3) "Protected class" means a class of voters who are |
|
|
members of a race, color, or language minority group, as this class |
|
|
is defined in the federal Voting Rights Act of 1965 (52 U.S.C. |
|
|
Section 10101 et seq.). |
|
|
(4) "Racially polarized voting" means voting in which |
|
|
there is a difference, as defined in case law regarding enforcement |
|
|
of the federal Voting Rights Act of 1965 (52 U.S.C. Section 10101 et |
|
|
seq.), in the choice of candidates or other electoral choices that |
|
|
are preferred by voters in a protected class, and in the choice of |
|
|
candidates and electoral choices that are preferred by voters in |
|
|
the rest of the electorate. |
|
|
Sec. 5.002. PURPOSE. The Texas Voting Rights Act is enacted |
|
|
to implement the guarantees of Sections 3a and 19, Article I, and |
|
|
Section 2, Article VI, Texas Constitution. |
|
|
Sec. 5.003. METHODOLOGIES. The methodologies for |
|
|
estimating group voting behavior as approved in applicable federal |
|
|
cases to enforce the federal Voting Rights Act of 1965 (52 U.S.C. |
|
|
Section 10101 et seq.) to establish racially polarized voting may |
|
|
be used for purposes of this chapter to prove that elections are |
|
|
characterized by racially polarized voting. |
|
|
Sec. 5.004. RESTRICTION ON METHOD OF ELECTION. If it is |
|
|
shown that racially polarized voting occurs in elections for |
|
|
members of the governing body of a political subdivision, a method |
|
|
of election may not be imposed or applied in a manner that impairs |
|
|
the ability of a protected class to elect candidates of its choice |
|
|
or its ability to influence the outcome of an election. |
|
|
Sec. 5.005. RELEVANT FACTORS. (a) Elections conducted |
|
|
before the filing of an action are more probative to establish the |
|
|
existence of racially polarized voting than elections conducted |
|
|
after the filing of the action. |
|
|
(b) The occurrence of racially polarized voting shall be |
|
|
determined from an examination of results of elections in which at |
|
|
least one candidate is a member of a protected class or elections |
|
|
involving ballot measures, or other electoral choices that affect |
|
|
the rights and privileges of members of a protected class. One |
|
|
circumstance that may be considered is the extent to which |
|
|
candidates who are members of a protected class and who are |
|
|
preferred by voters of the protected class, as determined by an |
|
|
analysis of voting behavior, have been elected to the governing |
|
|
body of a political subdivision that is the subject of an action |
|
|
based on Section 5.004. In multiseat at-large election districts, |
|
|
where the number of candidates who are members of a protected class |
|
|
is lower than the number of seats available, the relative |
|
|
class-wide support received by candidates from members of a |
|
|
protected class shall be the basis for the racial polarization |
|
|
analysis. |
|
|
(c) The fact that members of a protected class are not |
|
|
geographically compact or concentrated may not preclude |
|
|
establishing racially polarized voting or finding a violation of |
|
|
Section 5.004 but may be a factor in determining an appropriate |
|
|
remedy for a violation of that section. |
|
|
(d) Proof of intent on the part of the voters or elected |
|
|
officials to discriminate against a protected class is not |
|
|
required. |
|
|
(e) Other factors such as the history of discrimination, the |
|
|
use of electoral devices or other voting practices or procedures |
|
|
that may enhance the dilutive effects of a method of election, |
|
|
denial of access to those processes determining which groups of |
|
|
candidates will receive financial or other support in a given |
|
|
election, the extent to which members of a protected class bear the |
|
|
effects of past discrimination in areas such as education, |
|
|
employment, and health, which hinder their ability to participate |
|
|
effectively in the political process, and the use of overt or subtle |
|
|
racial appeals in political campaigns are probative, but not |
|
|
necessary factors to establish a violation of Section 5.004. |
|
|
Sec. 5.006. REMEDY. On a finding of a violation of Section |
|
|
5.004, the court shall implement appropriate remedies, including |
|
|
the imposition of district-based elections, that are tailored to |
|
|
remedy the violation. |
|
|
Sec. 5.007. CIVIL ACTION. Any voter who is a member of a |
|
|
protected class and who resides in a political subdivision where a |
|
|
violation of Section 5.004 is alleged may bring a civil action to |
|
|
enforce that section. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |