Garcia v. Uvalde County

455 F. Supp. 101, 1978 U.S. Dist. LEXIS 18280
CourtDistrict Court, W.D. Texas
DecidedApril 20, 1978
DocketCiv.A.DR-76-CA-24
StatusPublished
Cited by7 cases

This text of 455 F. Supp. 101 (Garcia v. Uvalde County) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. Uvalde County, 455 F. Supp. 101, 1978 U.S. Dist. LEXIS 18280 (W.D. Tex. 1978).

Opinions

MEMORANDUM OPINION AND ORDER

JOHN H. WOOD, Jr., District Judge.

This is a Voting Rights Act case involving the 1973 reapportionment of Uvalde County, Texas’ Commissioners Court Pre[102]*102cincts. Private Plaintiffs brought this action on or about October 18, 1976 seeking a declaration that the Defendant County Officials had failed to secure the approval of the Attorney General or the District Court for the District of Columbia for their 1973 reapportionment and for injunctive relief preventing the continued implementation of that reapportionment plan. A single judge of this Court denied the Plaintiffs’ request for an order enjoining the election of the Commissioners, but, following the election, the Defendant County Officials were ordered not to canvass and certify the results of the election. Thus, the two individuals who were unopposed and therefore presumably elected in the November, 1976 election for County Commissioners have not taken office and the two Commissioners sitting prior to the November election have held over in office.

The United States has intervened in this action as a Plaintiff. The two persons elected in the November, 1976 election for County Commissioners but not allowed to take office have intervened on the side of Defendants.

On April 11,1978, trial on the merits was had before this Court at which time all parties presented testimony, evidence and argument. Having now heard and considered same, the Court enters this Memorandum Opinion and Order constituting its findings of fact and conclusions of law.

Uvalde County reapportioned its Commissioners Court Precincts after November 1,1972. That reapportionment was submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c. Private Plaintiffs and the United States contend that we need only note that the Attorney General has entered an objection to the reapportionment and on that basis grant them the declaratory and injunctive relief they seek. Given the facts surrounding the issuance of the objection letter in this case, the issue is not as simple as Plaintiffs would have it. Coming to Court “armed” with an objection letter does not necessarily entitle Plaintiffs to the relief they seek. Morris v. Gressette, 432 U.S. 491, 97 S.Ct. 2411, 53 L.Ed.2d 506 (1977). This Court can review the circumstances in which the objection letter was issued in order to determine whether it was validly and timely issued. Morris v. Gressette, supra; Georgia v. United States, 411 U.S. 526, 93 S.Ct. 1702, 36 L.Ed.2d 472 (1973). An extensive review of the facts is appropriate.

In August of 1973, the Commissioners Court of Uvalde County gave final approval of a plan to change the boundaries of the four precincts from which its members are elected.1 Prior to that change the County was seriously malapportioned. In Texas, two Commissioners are elected every two years for four years terms and in November, 1974, the two Commissioners elected in Uvalde County were elected pursuant to the 1973 reapportionment scheme.2

In September, 1975, Texas was for the first time brought within the coverage of the Voting Rights Act, 42 U.S.C. § 1973, et seq. See Briscoe v. Bell, 432 U.S. 404, 97 S.Ct. 2428, 53 L.Ed.2d 439 (1977). According to Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c, a local political subdivision or state that is covered by the Act may not enforce a post-November 1,1972 change affecting voting until the change is approved by the District Court in the District of Columbia or is not objected to by the Attorney General after its submission to him. It is conceded by all parties that the reapportionment here was the kind of change affecting voting that requires Section 5 approval.

Rather than bring suit in the District of Columbia, Uvalde County chose to submit its 1973 reapportionment to the Attorney General for his determination of whether the reapportionment had the purpose or effect of discriminating on the basis of race [103]*103or language status. See 42 U.S.C. § 1973c; Beer v. United States, 425 U.S. 130, 96 S.Ct. 1357, 47 L.Ed.2d 629 (1976); City of Richmond v. United States, 422 U.S. 358, 95 S.Ct. 2296, 45 L.Ed.2d 245 (1975).

On March 22, 1976, Uvalde County commenced what was to become an almost seven month submission process. On that date, the County Judge submitted the 1973 reapportionment to the Attorney General’s Civil Rights Division.3 Along with his letter explaining the reasons for, the circumstances surrounding and the results of the 1973 reapportionment, the County Judge sent newspaper clippings describing the changes in precinct boundaries, copies of letters to and from various persons interested in the reapportionment and voting statistics illustrating the effects of the changes.4

None of the parties seriously contend that this March submission (“initial submission”) did not provide at least some of the items that the regulations state each submission “shall” include. 28 C.F.R. § 51.-10(a)(1)-(5). However, the regulations also require a submission to include “other information which the Attorney General determines is required to enable him to evaluate the purpose or effect of the change.” 28 C.F.R. § 51.10(a)(6).

Some 58 days later, on May 19, 1976, a letter was sent from the Attorney General’s office to the County Judge advising him that the initial submission had been received but that more information was needed in order to evaluate the submission. The County Judge was further advised that the sixty day period allowed the Attorney General by Section 5 of the Voting Rights Act to consider a submission would not commence until the additional information was received. In this May 19, 1976 letter the Attorney General’s office requested information concerning the total population and registered voters by race for each of the Commissioners Precincts both before and after the adoption of the 1973 reapportionment. The County was further advised that if exact statistics were not available estimates should be provided. The County was also requested to supply the Attorney General’s office with a map of the County showing the boundaries of the precincts both before and after the reapportionment and was requested to indicate on the map or on a separate map the geographic areas of the County inhabited primarily by persons of Spanish heritage.5

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Greenville School v. Western Line School
575 So. 2d 956 (Mississippi Supreme Court, 1991)
Lucas v. Bolivar County, Mississippi
567 F. Supp. 433 (N.D. Mississippi, 1983)
McRae v. BOARD OF ED. OF HENRY CTY.
491 F. Supp. 30 (N.D. Georgia, 1980)
Garza v. Gates
482 F. Supp. 1211 (W.D. Texas, 1980)
Woods v. Hamilton
473 F. Supp. 641 (D. South Carolina, 1979)
Garcia v. Uvalde County
439 U.S. 1059 (Supreme Court, 1979)
Garcia v. Uvalde County
455 F. Supp. 101 (W.D. Texas, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
455 F. Supp. 101, 1978 U.S. Dist. LEXIS 18280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-uvalde-county-txwd-1978.