Buckanaga v. Sisseton Independent School District, No. 54-5

804 F.2d 469, 35 Educ. L. Rep. 953
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 31, 1986
DocketNo. 85-5095
StatusPublished
Cited by12 cases

This text of 804 F.2d 469 (Buckanaga v. Sisseton Independent School District, No. 54-5) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buckanaga v. Sisseton Independent School District, No. 54-5, 804 F.2d 469, 35 Educ. L. Rep. 953 (8th Cir. 1986).

Opinion

McMILLIAN, Circuit Judge.

Celine Buckanaga, Francis Gill, Harvey Dumarce, and Nancy Smith, United States citizens of American Indian descent, individually and on behalf of all others similarly situated, appeal from a final judgment entered in the District Court for the District of South Dakota in favor of Sisseton Independent School District No. 54-5 (District), members of the school board, the business manager and superintendent of the District, and the county auditor in their individual and official capacities. The Sisseton-Wahpeton Sioux Tribe has filed an amicus curiae brief. Appellants, registered voters of the District, alleged that the at-large voting system for electing District board members violates § 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973. The district court found no violation. Buckanaga v. Sisseton Independent School District, No. 84-1025, slip op. at 9 (D.S.D. Mar. 5, 1985) (.Buckanaga) [Available on WESTLAW, DCTU database]. For reversal, appellants argue that the district court erred in (1) failing to make detailed findings of fact and in failing to discuss all substantial evidence contrary to its decision, (2) excluding on its own motion a Bureau of Indian Affairs Tribal enrollment list, and (3) finding that there was no violation of the Voting Rights Act. For the reasons discussed below, we reverse and remand.

The District is a public school district organized and governed by South Dakota law. The District encompasses parts of Roberts and Marshall counties in the extreme northeast corner of South Dakota and is primarily rural. Total population in 1980 was 5,628 persons, of which 1,908 (33.9%) were American Indians. The District encompasses a part of the original Lake Traverse Reservation, which was the home of the Sisseton-Wahpeton tribe; the reservation was disestablished in the late 19th century. At the time this action was commenced, 44.9% of the students enrolled in District schools were Indians.

The District board is composed of nine members who are elected on a staggered basis for a three year term. Each board member is elected at large by the voters of the entire District. State law requires that four seats on the board be filled by rural candidates; the other five seats are open to any qualified candidate. No Indian served on the District board until 1968, when an Indian was appointed to the board to serve an unexpired term. Since 1969 one Indian has been a member of the school board. The District is divided into two polling precincts with polling places located in Peever and Sisseton.

Appellants filed this action on May 5, 1984, alleging that the District’s at-large election system unlawfully dilutes Indian voting strength and has a discriminatory effect in violation of § 2 of the Voting Rights Act. Appellants sought implementation of a plan under which all nine school board members would be elected from single-member districts or wards. On June 12,1984, the district court entered a temporary restraining order enjoining the District from conducting the June 19, 1984, District election. Following a consideration of the parties’ briefs and arguments, the district court vacated the temporary restraining order on February 21, 1985. On March 5,1985, the district court entered judgment in favor of the District and held that appellants had failed to prove a viola[471]*471tion of § 2 of the Voting Rights Act or of the fourteenth and fifteenth amendments. This appeal followed.

Section 2 of the Voting Rights Act

In 1982 Congress amended § 2 of the Voting Rights Act to prohibit not only those voting practices directly prohibited by the fifteenth amendment but also any voting practice or procedure “imposed or applied ... in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color____” 42 U.S.C. § 1973(a). The legislative history of the 1982 amendment to § 2 indicates that it was aimed particularly at discriminatory at-large election systems which dilute minority voting strength. H.R.Rep. No. 227, 97th Cong., 1st Sess. 18 (1981); S.Rep. No. 417, 97th Cong., 2d Sess. 30, 38-39 (1982), reprinted in 1982 U.S. Code Cong. & Ad. News 177, 206-07. See also United States v. Marengo County Comm’n, 731 F.2d 1546,1553 (11th Cir.1984); Jones v. City of Lubbock, 727 F.2d 364, 369 (5th Cir.1984). Minority voters may establish a violation of § 2 if they prove that “based on the totality of the circumstances” they have “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.” 42 U.S.C. § 1973(b). The legislative history of § 2 enumerated “typical objective factors” to guide the courts in analyzing the discriminatory result of an election system or practice:

(1) The extent of any history of official discrimination in the state or political subdivision that touched the right of the members of the minority group to register, to vote, or otherwise to participate in the democratic process; (2) the extent to which voting in the elections of the state or political subdivision is racially polarized; (3) the extent to which the state or political subdivision has used unusually large election districts, majority vote requirements, anti-single shot provisions, or other voting practices or procedures that may enhance the opportunity for discrimination against the minority group; (4) if there is a candidate’s
slating process, whether the members of the minority group have been denied access to that process; (5) the extent to which the members of the minority group in the state or political subdivision bear the effects of discrimination in such areas as education, employment and health, which hinders their ability to participate effectively in the political process; (6) whether the political campaigns have been characterized by overt or subtle racial appeals; (7) the extent to which members of a minority group have been elected to public office in the jurisdiction.

S.Rep. No. 417, at 28-29, H.R.Rep. No. 227, at 30, reprinted in 1982 U.S. Code Cong. & Ad. News at 206-07; see Jones v. City of Lubbock, 727 F.2d at 379. Congress also cited two other factors which might have limited relevance.

Whether there is a significant lack of responsiveness on the part of elected officials to the particularized needs of the members of the minority group. Whether the policy underlying the state or political subdivisions’ use of such voting qualifications, prerequisite to voting, standard, practice or procedure is tenuous.

S. Rep. No. 417, at 29, reprinted in 1982 U.S. Code Cong. & Ad. News at 207. Congress made clear, however, that the factors identified in the legislative history are not exhaustive and that other factors may be indicative of a violation and that there is no formula for aggregating the factors. Id.; United States v. Marengo County Comm’n, 731 F.2d at 1574.

The Supreme Court in a recent case, Thornburg v. Gingles, — U.S. —, 106 S.Ct.

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Buckanaga v. Sisseton Independent School District
804 F.2d 469 (Eighth Circuit, 1986)

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Bluebook (online)
804 F.2d 469, 35 Educ. L. Rep. 953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buckanaga-v-sisseton-independent-school-district-no-54-5-ca8-1986.