Ga. State Conference of the NAACP v. Georgia

312 F. Supp. 3d 1357
CourtDistrict Court, N.D. Georgia
DecidedJune 1, 2018
Docket1:17–cv–1427–TCB–WSD–BBM
StatusPublished

This text of 312 F. Supp. 3d 1357 (Ga. State Conference of the NAACP v. Georgia) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ga. State Conference of the NAACP v. Georgia, 312 F. Supp. 3d 1357 (N.D. Ga. 2018).

Opinions

MARTIN, Circuit Judge *1359In this action, the Georgia State Conference of the NAACP and certain black voters1 ("plaintiffs") challenge the 2015 redistricting of Georgia House of Representatives Districts 105 and 111. Plaintiffs say these Districts resulted from unconstitutional gerrymandering2 based on the race of voters. Doc. 1 ¶¶ 1-4, 20-25. This Order addresses plaintiffs' request that we enjoin the State from holding elections in Districts 105 and 111, as defined in Georgia Act No. 251, 2015 Ga. Laws 1413 ("H.B. 566"). Doc. 103. After careful review, and with the benefit of oral argument, we deny plaintiffs' motion for a preliminary injunction.

I. BACKGROUND

The Georgia Constitution says that the electoral districts for members of the Georgia House of Representatives "shall be changed by the General Assembly as necessary after each United States decennial census." Ga. Const. art. III, § 2, ¶ 2. In keeping with our Constitution, the Georgia General Assembly redrew state House of Representative districts in 2011. Compl. ¶ 39 (Act No. 1EX). Then in 2012, the General Assembly modified the House district map again. Id. ¶ 40 (Act No. 277). The 2011 and 2012 redistricting plans were precleared by the United States Department of Justice, as required by the Voting Rights Act of 1965. Id. ¶ 41. The 2015 plan at issue in this case was adopted after the Supreme Court's decision in Shelby County v. Holder, 570 U.S. 529, 133 S.Ct. 2612, 186 L.Ed.2d 651 (2013), and was not precleared. Compl. ¶ 42. This lawsuit challenges the third redistricting done after the 2010 census, which was enacted into law in 2015, by way of H.B. 566.

The motion for preliminary injunction before us seeks to enjoin only two House districts redrawn by H.B. 566: District 105 and District 111. District 105 is in Gwinnett County. District 111 is in Henry County. These Districts were redrawn in 2015, when the racial makeup of the area was changing. State employees charged with reapportionment brought to light the "changing demographics" in Henry and Gwinnett Counties. Deposition of Gina H. Wright ("Wright Dep."), Doc. 112 at 23:25-25:6; Deposition of Dan O'Connor ("O'Connor *1360Dep."), Doc. 111 at 220:2-221:24; Deposition of Randall O. Nix ("Nix Dep."), Doc. 124 at 178:12-181:24.

One person interested in the "changing demographics" was Dan O'Connor, who works in the Georgia Legislative and Congressional Reapportionment Office. In August 2014, Mr. O'Connor sent an email to Representative Chuck Efstration of House District 104 noting that "white registration in [Gwinnett County] between Jan 2000 and this month dropped by about 3,000 while black registration in Gwinnett has quadrupled from 22,443 in 2000[ ] to 96,553 in the latest count." Doc. 103-3 at 1. In a February 2015 email to Speaker Pro Tem Jan Jones, Mr. O'Connor noted that 2014 population data showed both District 105 and 111 to be "at least 35% black in voter registration." Doc. 103-4 at 1. Mr. O'Connor continued, "Generally, once a district gets in the 30-35% black range, it becomes more of a target for Democrats." Id. This is because voting in Georgia is highly racially polarized. Expert Report of Jowei Chen, Ph.D. ("Chen Report"), Doc. 63-1 at 4. Districts with large black populations are likely to vote Democratic. See Doc. 103-17.

Georgia House Districts 105 and 111 were political battlegrounds before the 2015 redistricting we consider here. In 2014, Representative Joyce Chandler, a white Republican, won the District 105 election with only 52.8% of the vote. Doc. 103-87 at 3. Representative Brian Strickland, also white and Republican, won District 111 with only 53.1%. Doc. 103-37 at 6. This made Districts 105 and 111 two of only three House Districts in Georgia's 2014 election where Republicans won by a margin of ten points or less. Id. at 1. And with the "changing demographics" in the counties where these districts lie, there was good reason to think the 2016 elections would be even closer.

Both Representative Chandler and Representative Strickland went to Gina Wright, who served as the Executive Director of the Reapportionment Office, to enlist her help. Wright Dep. at 23:5-24; Deposition of R. Brian Strickland ("Strickland Dep."), Doc. 127 at 126:20-127:11. Ms. Wright's office is located in the same office building that houses Georgia's legislators, but Representative Chandler visited Ms. Wright both at her home and her office. Wright Dep. at 23:12-15; Nix Dep. at 58:25-60:1. Both Representatives Chandler and Strickland also approached Representative Randall Nix, chair of the House Reapportionment Committee, to express their interest in redrawing the lines of the districts where they had been elected, to increase their likelihood of being reelected. Nix Dep. at 139:16-141:18, 163:11-164:21.

Reapportionment Office staff worked with the Representatives to redraw their districts. The Reapportionment Office uses computer software known as Maptitude to develop redistricting plans. Declaration of Gina H. Wright ("Wright Decl."), Doc. 137-1 ¶ 7. Maptitude shows the detailed effects of any given redistricting option. For example, Maptitude can display information about the performance of the Republican or Democratic parties, based on the election results in any given precinct. Id. ¶¶ 7-8. Indeed Maptitude shows partisan data on a street-by-street basis within a precinct, even though it only has partisan data for the precinct as a whole. Thus, Maptitude's street-by-street political data is nothing more than the precinct-wide party-affiliation percentages assigned to streets based on the number of people who live there. Id. ¶ 9; Wright Dep. at 106:7-13. Maptitude can also display data about the *1361race of the people living in a given area. But since the race data comes from the census (as opposed to election results), it is more detailed, and Maptitude can display precise information about people's race down to the street or block-level in any precinct. Chen Report at 32-33. Any Maptitude user can choose what data to display, using "the pending changes box" as she is working on a map. Wright Dep. at 105:10-16.

This record, taken as a whole, shows the redrawing of Districts 105 and 111 was a group effort. Representative Nix described one meeting in which Ms. Wright and all the potentially affected legislators sat together and used Maptitude to review options for redrawing the districts. Nix Dep. at 143:3-157:8. Representative Nix testified that as Ms. Wright was "clicking around" different options for redrawing the map, data about the race and political affiliation of the voters in those districts were displayed on the screen. Id. at 148:8-12, 150:8-12, 151:2-9.

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312 F. Supp. 3d 1357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ga-state-conference-of-the-naacp-v-georgia-gand-2018.