Author Archives: ELECTIONLAWCENTER.COM

Florida challenges DOJs “arbitrary and irrational” preclearance process

Florida has had it with the partisan manueverings of the DOJ and the state has not yet entered the redistricting review phase.  At the link.

Secretary of State Kurt Browning is challenging a constitutional requirement that a new voter law go through a “preclearance” process either through the Department of Justice or the U.S. District Court of the District of Columbia.


“I am hopeful the federal court will come to a quick resolution and approve the remaining provisions of our preclearance submission as nondiscriminatory,” Browning said in a prepared statement. “However, I am frustrated that the reason we are still waiting to implement Florida law in five counties is because of an arbitrary and irrational coverage formula based on data from 40 years ago that takes no account of current conditions.”


Florida is going to court, amending their initial complaint, and now directly challenging the constitutiionality of DOJ’s “arbitrary” and apparently new “holilistic” approach to the preclearance process and a helplessly outdated coverage formula.  Add Florida to the list of states, including Arizona, Texas, South Carolina and Georgia, who are are walking with their feet to federal court and, if necessary, pray for relief at the Supreme Court. 

Latest Column by Thomas Sowell – still not post-racial

The esteemed Dr. Thomas Sowell on Injustice:

“Those people of good will who want to replace the racism of the past with a post-racial society have too often overlooked the fact that there are others who instead want to put racism under new management, to have reverse discrimination as racial payback for past injustices.

Attorney General Eric Holder became a key figure epitomizing the view that government’s role in racial matters was not to be an impartial dispenser of equal justice for all, but to be a racial partisan and an organ of racial payback. He has been too politically savvy to say that in so many words, but his actions have spoken far louder than any words.”

Full article here.

Nevada Democrats built in “representation unfairness” and “fractured Hispanic populations” in redistricting plans

Nevada hearings can be seen/heard at the link.  Some highlights include discussion on how the Democrats fractured Hispanic populations in Las Vegas three ways in create three safe Democrat congressional seats.  The hearing also discussed how the Democrats used partisan gerrymandering to maintain artificial majorities that do not reflect statewide partisan identification.

The testimony at the hearing revealed that Nevada Democrats have built “representation unfairness” into the DNA of their proposed redistricting plans and purposefully spread Hispanics across many districts instead of allowing these communities of interest representation of their own.  In the past, Democrats maximized the partisan gerrymander of legislative seats in Nevada to allow a Democratic majority of over 60% of the legislative seats while only receiving 50% of the vote.  Democrats gamed the system to receive a majority of legislative seats despite receiving a minority of the vote. 

Now, it becomes clear why Democrats are insisting on not creating an Hispanic congressional seat and hoping the federal courts use their partisan redistricting plans that were vetoed by Governor Brian Sandoval as the baseline.  It is doubtful that the special masters appointed by a federal court would want to continue supporting a system of uncompetitive and unfair districts that fractures Hispanic populations to maintain its power.