Campuzano v. Illinois State Board of Elections

200 F. Supp. 2d 905, 2002 U.S. Dist. LEXIS 8003
CourtDistrict Court, N.D. Illinois
DecidedMay 3, 2002
DocketNo. 01 C 50376
StatusPublished
Cited by3 cases

This text of 200 F. Supp. 2d 905 (Campuzano v. Illinois State Board of Elections) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campuzano v. Illinois State Board of Elections, 200 F. Supp. 2d 905, 2002 U.S. Dist. LEXIS 8003 (N.D. Ill. 2002).

Opinion

ORDER

REINHARD, District Judge.

Section 2 of the Voting Rights Act of 1965 guarantees that State legislative districts are drawn to afford all members of the electorate, including racial minorities, equal opportunities to participate in the political process and elect candidates of their choice. 42 U.S.C. § 1973. The Illinois Republican Party and individual Illinois voters bring this action under § 2 to challenge the validity of the Illinois 2001 state legislative redistricting plan, alleging that the plan fails to provide African-American voters sufficient opportunity to elect African-American candidates. Plaintiffs seek a permanent injunction to prevent elections under this plan, and request that the court draw and establish a new redistricting map to replace it. The Chief Judge of the United States Circuit Court of Appeals for the Seventh Circuit convened this three-judge district court panel pursuant to 28 U.S.C. § 2284, and in January 2002 this panel presided over a trial on the merits. After reviewing all the evidence presented, we reject plaintiffs’ arguments and conclude that plaintiffs have failed to prove a § 2 violation.

BACKGROUND

This action arises from the Illinois state legislature’s efforts to redistrict the seats of the Illinois General Assembly following the 2000 Federal Decennial Census. The 2000 Census revealed that the State’s total population had increased by almost one million persons over the past decade, but that the population growth was not evenly distributed throughout the State’s legislative districts. Because some districts experienced population growth disproportionate to others, the state legislature was required to fundamentally alter the boundary lines of the General Assembly House and Senate districts, Upon the General Assembly’s failure to enact a redistricting plan, the task of redrawing the district lines ultimately fell to the Legislative Redistricting Commission, which on September 25, 2001 approved a plan (the “Commission Plan”). Plaintiffs brought this action alleging that the Commission Plan violates § 2 of the Voting Rights Act because it fails to create a sufficient number of districts in which the candidate elected will be the choice of either African-American or Latino voters. Furthermore, plaintiffs argued the Commission Plan was drafted in violation of the Fourteenth Amendment’s guarantees of procedural due. process and equal protection.

Plaintiffs named as defendants the Illinois State Board of Elections, the Board’s Executive Director, and the nine members of the Legislative Redistricting Commission who participated in the adoption of the redistricting plan. All of the state defendants were represented in their official capacities by the Illinois Attorney General, who on the first day of trial adopted the plaintiffs’ position that the Commission Plan violated the Voting Rights Act. The case did not become moot, however, because several additional parties had been permitted to intervene as defendants, in-' eluding the five Democratic members of the Redistricting Commission, the League of United Latin American Citizens (LU-LAC), and the African American Working Group (AAWG), a non-partisan coalition of civil rights organizations representing the interests of the region’s African-American [908]*908community. At trial the intervenors were the sole defenders of the Commission Plan.

At the outset of the trial, several motions of defendant-intervenors were pending, including motions to dismiss plaintiffs’ constitutional claims (Counts II and III of plaintiffs’ amended complaint). Before the presentation of opening statements, this panel announced from the bench that it would dismiss plaintiffs’ procedural due process claim (Count II) and that a written order would follow. Also before opening statements plaintiffs voluntarily dismissed their equal protection claim (Count III). Later, on the last day of trial, plaintiffs stated in open court that they formally abandoned their procedural due process claim. Therefore both of plaintiffs’ constitutional claims have been voluntarily dismissed with prejudice.

At the close of plaintiffs’ case, defendant-intervenor LULAC moved for a partial directed verdict on Count I of plaintiffs’ amended complaint, alleging that plaintiffs had failed to present 'sufficient evidence to support a § 2 Voting Rights Act claim of Latino vote dilution. We granted LULAC’s motion, finding that as a matter of law the Commission Plan does not violate- the voting rights of Latinos in Illinois. Accordingly, this opinion addresses only the remaining portion of Count I— whether the Commission Plan discriminates against African-American voters by failing to provide a sufficient number of districts in which African-Americans have the opportunity to decide General Assembly races.

DISCUSSION

Voting Rights Act § 2 prohibits, in pertinent part, the implementation of a redistricting plan that denies or abridges African-American voters’ equal participation in the political process. See 42 U.S.C. § 1973. To determine whether a challenged redistricting plan impermissibly thwarts African-Americans’ ability to elect candidates of their choice, courts consider the “totality of the circumstances” and examine a variety of objective factors concerning the impact of the challenged plan, and the social and political context in which the plan exists. See Ketchum v. Byrne, 740 F.2d 1398, 1403-04 & n. 5 (7th Cir.1984) (identifying numerous factors that should be considered for an assessment of a redistricting plan’s effect on minority-voter opportunities to participate in the electoral process).

In establishing a § 2 Voting Rights Act violation, however, plaintiffs must first demonstrate, as a threshold matter, the existence of three factors first set out in Thornburg v. Gingles, 478 U.S. 30, 50-51, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986):(1) the African-American community is sufficiently large and geographically compact to constitute a majority in at least one district; (2) African-Americans are a politically cohesive group; and (3) the white majority votes sufficiently as a bloc to typically prevent African-Americans from electing candidates of their choice. The parties here stipulate that all three conditions exist in Illinois. Accepting the parties’ stipulations, we will proceed to inquire whether plaintiffs have shown under the totality of the circumstances that the Commission Plan diminishes or abridges the voting strength of African-Americans in Illinois. See Voinovich v. Quilter, 507 U.S. 146, 155-57, 113 S.Ct. 1149, 122 L.Ed.2d 500 (1993) (plaintiffs have burden of proving an apportionment plan’s invalidity).

For a plan to provide minority voters equal participation in the political process, it must generally provide a number of “effective” majority-minority districts that are substantially proportionate to the minority’s share of the state’s population. See Johnson v. De Grandy, 512 U.S. 997, 1013-14 & n. 11, 114 S.Ct. 2647, 129

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Related

Campuzano v. Illinois State Board of Elections
241 F. Supp. 2d 892 (N.D. Illinois, 2003)
Campuzano v. ILLINOIS STATE BD. OF ELECTIONS
241 F. Supp. 2d 892 (N.D. Illinois, 2003)

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200 F. Supp. 2d 905, 2002 U.S. Dist. LEXIS 8003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campuzano-v-illinois-state-board-of-elections-ilnd-2002.