What Recourse Do
Voting Rights Advocates Have?

The decision to change an electoral system is normally made by elected officials, such as state legislators, city council members, county commissioners and members. But elected officials are often reluctant to make changes due to concerns that any new rules might cost them their hard-earned elected positions. When a jurisdiction historically has denied racial minorities opportunities to elect candidates of their choice, a change in election laws and practices often demands intervention by members of the minority community through litigation.

Changing a discriminatory election system requires a concerted effort by members of the minority community, voting rights attorneys and research experts. How well their work is coordinated and executed will determine the degree of success in remedying minority vote dilution. (Note : in this manual, ’Äúblack’Äù and ’ÄúAfrican American’Äù at times are used when the same principle applies for all racial and ethnic groups protected by the Voting Rights Act.)

Research: To establish a claim of minority vote dilution, it is necessary to carry out factual research. Research tools are becoming more sophisticated, but also more affordable. Experts in a voting rights case must address such questions as whether elections are racially polarized (meaning the great majority of white voters vote against the candidate supported by most black voters) and ’Äì particularly if a single member district is sought as a remedy ’Äì whether black voters can comprise an effective majority in a relatively compact district. Research should include general evidence of racial discrimination in the community, but be focused in particular on past elections in which candidates with strong support in the black community, particularly black candidates, were defeated in the election. To win a case, it will be important to show that the white majority nearly always defeats black voters’Äô candidates of choice.

Litigation: Filing a vote dilution claim under the VRA or the 14th Amendment is often necessary to bring about desired fairness in the electoral process. Voting rights attorneys also will often submit information to the Department of Justice when it is evaluating whether to ’Äúpreclear’Äù electoral changes in a jurisdiction covered by Section 5 of the VRA. The filing of litigation can be sufficient to spur legislative action to remove a discriminatory election system through an agreed upon settlement, or ’Äúconsent decree.’Äù

Community Mobilization: Participation by members of the black community in a voting rights effort is essential for a remedy to be successful. Community mobilization may take many forms, including: education and registration of potential voters; data collection for the litigation effort; identification of plaintiffs; public demonstrations of support during a legal challenge; and citizen pressure for legislative action to change discriminatory election schemes. And ultimately, of course, it is members of the minority community who must take advantage of new opportunities created by a successful voting rights challenge by fighting for fair district lines, running for office and going to the polls.

Remedies to Dilution: Single Member Districts and Alternative Approaches

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