Most of what we see in the media about Latinos and politics is dominated by the immigration issue and the fight for reform. While this is an issue of vital importance and Latinos who are US citizens have a strong concern for the protection of undocumented migrants, those citizens are a rapidly growing segment of the US electorate and represent potential political power. They confront various efforts to suppress that power.
The SCOTUS 5-4 decision in Shelby County v. Holder struck a blow to the protections for minority voting rights. The conservative majority threw out section 4(b) of the 1965 Voting Rights Act. This section contained the formula for determining which governmental jurisdictions were required to obtain pre-clearance from the DOJ for any changes in their electoral laws. The basis for this decision was that the formula was based on 40 year old data that was now out of date and thus imposed an unconstitutional burden on state and local governments. The decision left open the door for congress to come up with a revised formula based on current data. In the predictable political pattern the Senate is proposing a piece of legislation to do this. The House has bottled up proposed legislation in committee with no prospect of a hearing being scheduled. It is highly unlikely that anything will come out of the current congress and this leaves much of the Voting Rights Act inoperable. Various jurisdictions are implementing suspect measures.
When the Voting Rights Act was passed at the height of the civil rights movement its primary focus was eliminating the Jim Crow disenfranchisement of blacks in the deep south. However, its provisions have also served to protect the interests of Latino voters. While both Latino and black advocacy groups are lobbying congress to pass revised legislation, the Voting Rights Act is not the only possible means of attacking voter discrimination.
In much of the west Latinos are becoming either a large minority or a plurality in many local government election districts, city councils, school boards and other government bodies. In a growing number of cases they have become an outright majority of the electorate. Yet their ability to translate these demographic changes into Latino political representation has faced a number of obstacles erected by the former white majority attempting to hold onto political dominance.
The NAACP has prepared a comprehensive report on the efforts to impose voting restrictions that impact both black and Latino voters is a similar manner. They cover a range of schemes for blocking minority registration and to make it difficult or impossible to actually cast a vote if you do manage to get registered. The southern states where these measures are most prevalent are not just following their traditional path of keeping the blacks under control. Many face a rapidly growing Latino presence. Specific state and local legislation can be challenged in federal courts as unconstitutional. However, unlike the VRA provisions, that can't be done until after the law has already gone into effect.
Latino political groups are having a string of legal victories in the west in attacking the at large electoral arrangements of municipalities and other government bodies that serve to perpetuate white majority governments in now white minority communities.
At large elections for governing bodies as opposed to district elections tend to amplify majority voting power. The approach has enabled white voters to maintain near total government control in the face of a very large minority population. A federal court decision just handed down in Yakima WA mandates a change to all district elections for the city council. Despite the fact that 41% of the residents are Latino, they have never had a representative in the council. The judge found the city to be in violation of the VRA.
There is an epidemic of such suits underway in California. These are taking place in state court under the provisions of the California Voting Rights Act. A recent case in the city of Palmdale has set a statewide precedent when the state supreme court refused to hear an appeal of the decision of the court of appeals establishing that the state voting rights act applies to all municipal elections. Palmdale's most recent at large election has been invalidated. There are now suits underway against a number of other California cities. They include Santa Barbara, Whittier and Anaheim.
California has a total of 482 municipalities. According to the 2010 census 170 of them have populations with a majority of Latinos. While this does not yet translate to a majority of voters in all cases, it is a clear sign of things to come. California is a state a bit more inclined to progressive practices than many others. Yet this transition is not going entirely without bumps in the road.
Proposal could create more voting districts anchored by minorities
Minority groups seeking more influence in local government would have a potentially powerful new tool at their disposal under a proposed expansion of the California Voting Rights Act.
The way Los Angeles County — among others jurisdictions — has drawn districts for elected officials could face a legal challenge in California if a bill, introduced by state Sen. Alex Padilla (D-Pacoima), becomes law.
It took a federal lawsuit more than 20 years ago to create the first Latino-majority district on the L.A. County Board of Supervisors. More recently, advocacy groups have argued for a second district, noting that Latinos make up nearly half the population of the county. A majority of the current board has resisted drawing new district boundaries to accomplish that.
Minority groups have successfully sued cities and school districts in recent years under the state's Voting Rights Act, which allows challenges to voting systems where representatives are elected at-large. To prevail, groups must show their voting power has been diluted.
Padilla's proposal would expand that legal concept and allow challenges to systems where officials are elected by district. If the legislation is enacted and violations of the law are found, a judge could order the local government to redraw district lines or increase the number of seats on the elected body to ensure minority voters are treated equally.
Currently, challenges to district-based voting systems are permitted only in federal court.
US Latinos have been described as a sleeping giant. That giant appears to be waking up. There are lots of reasons for Latinos to give emphasis to federal immigration reform. Not the least of these is that the raving about "illegals" gives the right cover for their inherent racism that is in reality directed at all Latinos, both immigrants and natives. Immigrants make up a declining portion of the Latino population. Its growth is now fueled by native births. These native born citizens are rapidly reaching voting age and will be demanding and using their civil rights to VOTE.