The Supreme Court’s voting rights decision could reshape local government across Texas

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Guillermo Ramos remembers seeing few elected leaders who looked like him while he was growing up in the 1980s in Farmers Branch, a fast-growing affluent suburb northwest of Dallas.

Over the years, Latino representation continued to lag, he said. In 2015, after he had become a lawyer, he decided to do something about it.

Ramos stepped forward as the plaintiff in a lawsuit against the Carrollton-Farmers Branch Independent School District, alleging that its at-large system of electing board members violated Section 2 of the Voting Rights Act by denying Latino voters the right to elect representatives of their choice. At the time, Latino voters made up 56% of the district, but every Latino school board candidate had lost since at least 1995, the lawsuit said.

The case settled, and as part of the agreement, Ramos was appointed as the board’s first Latino trustee. The settlement also replaced the at-large system — in which every seat was filled by districtwide vote — with what’s known as cumulative voting. The new system lets voters cast as many votes as there are seats on the board, but allows them to stack their votes on a single candidate or spread them across multiple candidates.

Ramos, now 51, won the next election to keep his spot on the board, which he said created a ripple effect that drew in more Latino candidates.

“They felt at this point that if they throw their hat in the ring, that they’re going to have actually a shot at getting elected. And that’s what happened,” Ramos said.

Changes like those in the Carrollton-Farmers Branch School District played out over decades on local governing bodies all over Texas, enabling representation of Latino and Black voters. Those changes were a direct result of claims brought under Section 2 of the Voting Rights Act, which prohibits voting practices or electoral maps that discriminate on the basis of race, color, or language minority status.

But a landmark U.S. Supreme Court decision last week weakened that key provision, and Ramos and others say it could make it harder and more uncertain for other candidates of color to follow the path he took to local office.

The effects of the decision, which struck down Louisiana’s congressional map, are reverberating around the country and setting off a new cycle of redistricting for partisan advantage. Experts say there is still a lot of uncertainty about how the decision will play out, especially at the local level and when it comes to nonpartisan local governmental bodies such as Texas school boards and city councils.

“The judges in the opinion are discussing congressional elections, not school board elections, even though that’s where Section Two has been applied probably more frequently,” said Christian Grose, director of the Democracy and Fair Elections Lab at the University of Southern California.

But whether it’s after the 2030 Census or sooner, he added, “I do think there are going to be challenges, even in nonpartisan elections, saying that Section 2 doesn’t need to be enforced anymore.”

Prior to the decision, plaintiffs could prove a claim under Section 2 by showing evidence of a disparate impact on minority voters, regardless of whether the mapmakers intended it. Now, they must be able to show a “strong inference that intentional discrimination occurred,” the high court’s conservative majority declared.

With the court having previously authorized maps to be drawn for partisan aims, dissenting Justice Elena Kagan wrote that the new standard under Louisiana v. Callais gives plaintiffs virtually no recourse under Section 2, as long as a mapmaker declares a partisan motive and leaves “no smoking-gun evidence of a race-based motive.”

Going back in time

The decision could quickly become a factor in ongoing litigation.

Though most local elections in Texas are nonpartisan, county commissioners courts are an exception, and last week’s opinion will likely give a boost to counties that are already citing partisan motives in defending their maps. Last year, for example, the Republican-majority commissioners court in Tarrant County redrew its district lines, prompting a challenge from a group of voters who alleged the new map illegally diluted the power of Black and Latino voters by packing them into a single precinct. But Republican commissioners argued they’d drawn the lines for partisan gain, and earlier this year, the Fifth U.S. Circuit Court of Appeals upheld the maps.

But Bill Brewer, the Dallas lawyer whose firm handled Ramos’ case in Farmers Branch, said he believes the ruling could actually help advocates win some challenges involving nonpartisan races.

Brewer, whose firm has filed at least 18 lawsuits against school districts and city councils in Texas under the Voting Rights Act, is representing a parent who sued the Keller Independent School District under Section 2, claiming the school district’s at-large system dilutes the votes of Latinos. The lawsuit was dismissed earlier this year and Brewer filed an appeal hours after the ruling to renew his push for a switch to cumulative voting. Brewer said the Callais ruling’s emphasis on intentional discrimination strengthens his claim for access to emails, meeting recordings and other evidence that could show intent.

“If they’re refusing to change because they intend to dilute opportunities for Hispanics or Blacks or Asians at the voting box, well, then you still have a claim under Section 2,” he said.

Keller ISD did not respond to a request for comment.

Ramos’ suit against the school board wasn’t the only Section 2 case brought in Farmers Branch. Its city council, too, was forced to switch from at-large to single-member districts in 2012, and the first Latino council member was elected in 2013. Council Member Elizabeth Villafranca, who was first elected last year, eventually became one of many Latino candidates to win a seat. The impact of the Voting Rights Act in the city has been “immeasurable,” she said.

But after the decision from last week, “I’m just horrified at the thought of having to go back in time,” Villafranca said. Still, she believes the community has come too far to revert to its old system. “You can see the incredible pride that there is when our residents see someone that looks like them, that speaks like them, that can represent them, and ultimately, that benefits everyone.”

Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. Natalia is based in Corpus Christi. Contact her at ncontreras@votebeat.org.

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.

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