By Christopher Gustafson, Houston City Hall Fellow '10
Every ten years, the most important political event of the decade happens. No, it is not an election. I’m talking instead about the event that essentially determines how competitive an election will be. Redistricting is the process by which every state must redraw their election boundaries to comply with new data presented from the decennial census. Ever since I have been active in politics, redistricting has been the political cause of my life. This is not to say that I do not care about other issues - in fact I care a lot about social services and economic justice - but I have come to the conclusion that without a focus on redistricting, there is no way any other issue will come to fruition.
Why must we redistrict you ask? Well it all goes back to the constitutional requirement to redraw legislative lines and a line of court cases that culminated in the Supreme Court with Baker v Carr. In Baker, the Supreme Court ruled that courts have the power to enforce “one person, one vote”. This term refers to a requirement that all districts (with the exception of the United States Senate) have roughly an equal number of people in them. Therefore, whenever the census results come out, lawmakers must readjust district lines to ensure compliance. This can be done one of two ways: by either slightly tweaking districts or by a full-scale overhaul.
The City of Houston will soon be in the midst of a potentially complicated redistricting that involves many factors. Believe it or not, City Council members actually redraw the lines. Many times they are voting on the districts that they will eventually run in. This may seem a bit sketchy, but it is certainly not uncommon. Most states and cities engage in this practice. Currently, there are nine district council seats that are equally proportioned throughout the city. Here is a link to the map:
www.houstontx.gov/council/maps/councildistricts.jpg
While there are many things council members can do to design districts that fit their particular needs, they are bound by the law and must obey many precedents that have been set in the law. Four of the districts, B,D,H and I are protected under the Voting Rights Act, an act passed by Congress that ensures that minority populations living in the same community are allowed to pick a representative of their choice. Do they have to necessarily pick someone who is of the same ethnic group? No, but the law says the state cannot prohibit them from making that choice. This derives from the Jim Crow era policies that made it hard for African Americans to vote in the south. There were many districts where African Americans were the majority of the population, but less than 10% of registered voters. The law is designed to ensure that if a district has a majority minority population, then that population must also be the majority of registered voters. This act was passed in 1965 as a response to racial segregation in the South. Congressional leaders determined that, if a community has a sizeable minority population, then districts should be able to reflect that. In the ideal form, this means that the districts should be proportional to the population. For example, if 25% of the area is African American and there are four districts, then one should be African-American.
The four protected districts in Houston are composed of 2 African-American and 2 Hispanic districts. The other five districts are not protected because they do not have a majority of one specific minority group in them. This is where the problem occurs. Houston is roughly 44% Hispanic, 18% African American, 25% White and 8% Asian. With only two Hispanic Districts, Houston is not meeting the ideal standard of Hispanic representation. With only two protected districts, Hispanic majority districts lag far behind their city population.
As of today, this is not necessarily a problem because of the growth in Hispanic population over the last ten years, but the next census may prove more difficult for the current lines.
By law, when Houston reaches a certain population, it has to add two more district seats to the council. The question is where these two seats are going to go? If we are to take the Voting Rights Act at face value, both seats should go to Hispanic-majority districts because Hispanics represent the largest bloc of inhabitants in the city; however there are many challenges to this. One is that Hispanics are spread out throughout the city; it is very difficult to craft districts that are Hispanic majority because districts would have to reach across entire sections of town to find Hispanic pockets of inhabitants. So what happens if the city council decides not to pursue this? Well, they could potentially face major legal problems. In District F, a district that is almost completely minority, but where no one minority group makes up a majority, an Asian-American has won for the last eight years despite the fact that Asians are the smallest group of citizens in the district. Hispanics make up a large plurality but not a majority, making it difficult for them to elect a member of the Hispanic community because they are the least likely to be able to vote. It is a known fact that a certain portion of the Hispanic community is not eligible to vote, due to the fact they are not citizens of this country in the traditional sense. Still, under the rules of the census, they are supposed to be counted for purposes of representation. So while Hispanics are outnumbered among registered voters, they are still by far the largest bloc of inhabitants in the city. This leads to a very large conundrum - the city is required to accommodate the city population in a way that is fair to all its inhabitants, not simply its voters. Furthermore, three districts, C, G and E, are majority white and have solely elected white council members throughout their history, giving white citizens a substantially higher percentage of representation on the council than their proportionate population. Should these districts be allowed to stand after the census, they City may well face law suits under the Voting Rights Act.
Finally some people may ask, in the age of President Obama, is it necessary to have districts drawn for minorities? My personal opinion is yes. I believe the nation has an interest in making sure that all its citizens are fairly represented. However, personal opinions aside, the Voting Rights Act is still the law of the land and unless it is overturned, there are things the city must do to comply with it. It will be left up to the courts to decide whether they have properly executed the law.
It will be an interesting year in the City of Houston because of redistricting. This is the first major redistricting fight the council will see in a generation and could lead to a shift in political power.