2011 Lousiana Redistricting: Rules of Engagement in a Nutshell FEDERAL REDISTRICTING RULES AND REDISTRICTING LAWS IN A NUTSHELL

INTRODUCTION

This publication is intended to distill complex redistricting law for community advocates, including lawyers. It combines federal and state redistricting law with state regulations, rules, and other redistricting materials to provide a comprehensive interpretation of the law and practices that impact redistricting. While this publication does not cover every provision of federal and state redistricting laws, it highlights those provisions which we believe have most impacted communities of color.

Acknowledgments

This publication is supported [in part] by a grant from the Open Society Foundations. Advancement Project wishes to thank supporters of our Redistricting for an Inclusive Democracy Program for making this publication possible.

Special thanks to Alex Tischenko and fellow student volunteers of the Voting Rights Project at Stanford Law School for their contributions to this 2011 redistricting guide.

Also, special thanks to Tracie L. Washington, Director of Louisiana Justice Institute and a distinguished member of the Louisiana and Texas Bar, for her invaluable contribution to this 2011 redistricting guide.

DISCLAIMER

This guide was prepared for informational purposes only. It is not legal advice and is not intended to create an attorney-client relationship. Any decision to obtain legal advice or an attorney should not be based solely on information contained in this guide.

i TAble of Contents

ACKNOWLEDGEMENTS

FEDERAL REDISTRICTING RULES What is redistricting?...... 1 What is gerrymandering?...... 1 How is the U.S. Census data related to redistricting?...... 1 When is the census data available to the states?...... 1 When does redistricting occur?...... 2 Is redistricting the same as reapportionment?...... 2 What is the meaning of “one person, one vote” in redistricting?...... 2

VOTING RIGHTS ACT OF 1965 Which sections of the Voting Rights Act of 1965 must be taken into consideration when drawing districts?...... 3 How does Section 2 of the Voting Rights Act assist communities of color during the redistricting process?...... 3 Why is Section 5 of the Voting Rights Act an important consideration during redistricting?...... 3 What formula was used to identify states and/or counties (political subdivisions) that are covered under Section 5?...... 4 What is Section 203 of the Voting Rights Act, and does it apply to all states?...... 4 What are majority-minority districts?...... 4 If minority voters are less than a 50 percent majority in a district, may a district be drawn to include other voters who might cross over racial lines and support the minority voters’ candidate of choice?...... 5 Is the minority voting-age population important when drawing districts?...... 5 Should states use citizen population or total population data when drawing districts?...... 5 What are influence districts, and do creating influence districts provide Section 2 protection?...... 5 What are coalition districts? Do coalition districts provide greater opportunities for minority voters to elect candidates of choice?...... 6 What are crossover districts? Are crossover districts protected under Section 2?...... 6 What types of information or data can be used for redistricting?...... 6

ii LOUISIANA REDISTRICTING RULES Does the Louisiana Constitution provide rules guiding redistricting?...... 7 What is the governmental body responsible for the redistricting of the Louisiana Legislature?...... 7 How often is the governing body required to redistrict?...... 7 Is the governing body required to follow the “one person, one vote” principle?...... 7 What traditional redistricting principles does Louisiana require the governing body to consider?...... 8 What is a single-member district election system? Are there single-member districts in Louisiana?...... 8 What is an at-large election system?...... 9

LOUISIANA “LOCAL” REDISTRICTING RULES What is the parish government structure in Louisiana?...... 10 What governmental body is responsible for reapportioning parishes in Louisiana?...... 10 Who is responsible for redistricting Louisiana’s municipal boundaries?...... 10 Are there specific requirements for drawing school districts in Louisiana?...... 10 Must Louisiana’s governing bodies redistrict if there is a population change?...... 11 Can grassroots groups or individuals participate in redistricting?...... 11 Are there rules governing grassroots groups/individuals drawing and presenting districts to the redistricting body?...... 11 Who should grass groups/individuals contact to provide testimony on submitted redistricting plans?...... 12 What types of data should grassroots groups/individuals have available when drawing Louisiana districts?...... 13 Is the non-citizen population included when districts are draw in Louisiana?...... 13 How many Congressional districts are in Louisiana?...... 13 How many Senatorial and House legislative districts are in Louisiana?...... 13 How many congressional and Louisiana legislative districts are controlled by African American or Latino representatives?...... 13 What is the deadline for the legislature to submit a redistricting plan?...... 14 What happens if the redistricting governing body fails to present a redistricting plan by the state deadline?...... 14 Which governing body reviews the redistricting plan adopted by the Louisiana Legislature?...... 14 Which parishes in Louisiana are covered jurisdictions under Section 5 of the Voting Rights Act of 1965?...... 15 When will the first statewide election be held after the redistricting deadline in Louisiana?...... 15

ENDNOTES iii 2011 Lousiana Redistricting: Rules of Engagement in a Nutshell

FEDERAL REDISTRICTING RULES

What is redistricting? Redistricting is the process of redrawing boundaries that divide voters into election districts.1 Federal law requires each state to redistrict once every 10 years if the population in the districts has become unequal.2 Historically, however, redistricting has also been used for improper purposes. Frequently, it has been used as a means by which the political establishment can preserve power, and has also restricted the ability of communities of color to gain power, by drawing the districts in such a way as to make it difficult for these communities to elect representatives of their choice. The inability of communities of color to elect representatives of their choice may result in poor schools, inadequate housing and limited or inadequate community services if the elected representatives do not fairly and adequately represent the communities’ interests.

What is gerrymandering? The term “gerrymander” has been defined as the practice of dividing a geographical area into electoral districts with an unusual size or shape, to give one political party or group of individuals an unfair advantage by diluting the opposition’s voting strength.3 It is important for community groups to understand that an unusual size or shape will not invalidate a district automatically, but may be suspicious to a court and may cause the district to be heavily analyzed by a court.4

How is the U.S. Census data related to redistricting? The U.S. Census is a count of the population in the United States required by the U.S. Constitution.5 The number of individuals living in each state determines the number of representatives that each state is entitled to for the next 10 years.6 Based on the population loss in Louisiana, the number of representatives from Louisiana in the U.S. Congress and the number of congressional districts in Louisiana will decrease from six to seven.7 The census data also includes information for population, race categories and Hispanic and Latino categories, as well as the ages of the population, i.e., voting-age population (VAP) and the citizen voting-age population (CVAP).8 Other kinds of data, such as occupied and vacant housing data, education levels, and languages spoken, are provided by the Census Bureau and can also be used to determine where lines should be drawn during redistricting.9

When is the census data available to the states? The first census data released is the national and state population count, and this was required to be delivered by the U.S. Census to the President by December 31, 2010.10 For those states that chose to participate in defining local level data, such as voting districts and precincts, this data will be reported by the Census Bureau to the Governor of those states by April 1, 2011.11

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When does redistricting occur? Redistricting occurs once the census data is released to the states. Federal law requires each state to redistrict once every 10 years if the population in the districts becomes unequal.12 Federal law permits the states to determine when this redistricting will occur.13 Each state develops its own timeline and procedure for beginning and completing redistricting.

Is redistricting the same as reapportionment? No. The terms redistricting and reapportionment are often used interchangeably, but the practical application for the terms is different. Redistricting is the actual redrawing of district boundaries. Reapportionment is the process used to figure out how many Congressional representatives should come from each state, depending on the population.14

What is the meaning of “one person, one vote” in redistricting? The Supreme Court of the United States has consistently ruled that one person’s vote must be worth as much as another’s vote.15 This guarantees that each vote has equal power and does not violate the Equal Protection Clause of the U.S. Constitution.16 What this means in practice is that each congressional district drawn must have approximately the same number of voters.

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VOTING RIGHTS ACT OF 1965

Which sections of the Voting Rights Act of 1965 must be taken into consideration when drawing districts? The Voting Rights Act of 1965 prohibits discriminatory voting practices by state and local governments, based upon race, color, and spoken language.17 Sections 2 and 5 of the Act are often used to provide important protections to minority voters during redistricting.18 Section 2 of the Act prohibits drawing districts that minimize opportunities for minority voters to elect representatives of their choice—this is referred to as minority-vote dilution.19 A minority voter is defined as a member of a protected class, i.e., member of a race, color or language minority group as defined in the Voting Rights Act.20 Section 5 covers several selected states and localities with a history of rampant voting discrimination.21 Section 5 requires covered states and localities to obtain “preclearance” from the Attorney General of the United States or the U.S. District Court for the District of Columbia before they can make any changes to their voting practices. The Attorney General and the District Court will preclear only those changes that do not have a discriminatory or a “retrogressive” effect on voters of color, meaning that the changes will not leave these voters worse off than before the districts were redrawn.22

How does Section 2 of the Voting Rights Act assist communities of color during the redistricting process? Section 2 applies to all states, and provides protection to minority voters to prevent actions, in the redistricting process or otherwise, that will minimize the effectiveness of the minority community vote. This means that if districts are drawn that dilute the voting strength of minority voters, these actions may violate Section 2 of the Act, especially if a majority-minority district (where the minority voting-age population is more than 50 percent of the district’s voting-age population) could have been drawn but was not. To raise a claim of a Section 2 violation, the minority community must prove they: 1) make up a sufficiently large, geographically compact community to constitute a majority in a single- member district; 2) the minority community is politically cohesive; and 3) are usually unable to elect representatives of their choice due to the white majority voting together to defeat the minority voters’ candidate.23 This could result in a court requiring the district lines to be redrawn.24

Why is Section 5 of the Voting Rights Act an important consideration during redistricting? Section 5 covers limited states and localities and prevents states from adopting election systems that could have a discriminatory or retrogressive effect on minority voters. This means that before states or localities covered under Section 5 can adopt any changes to their voting systems, including new district lines, the changes must be submitted to the Department of

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Justice or the U.S. District Court for the District of Columbia for preclearance to affirm or establish that the change does not make minority voters in the covered area worse off (“have a retrogressive effect”). If a covered jurisdiction wants to opt-out of this preclearance requirement, the state is required to file a lawsuit for consideration in the U.S. District Court for District of Columbia.25

What formula was used to identify states and/or counties (political subdivisions) that are covered under Section 5? When the Voting Rights Act of 1965 was initially adopted, Section 5 was a temporary provision.26 Congress established two elements for identifying those states and/or counties (political subdivisions) that should be covered under Section 5. The first element was whether there was a “test or device” in place on November 1, 1964, in a state or county that restricted opportunities for citizens to register and vote in the state, such as poll taxes or a literacy test.27 The second element was whether 50 percent or less of the voting- age population was registered to vote by November 1, 1964. Section 5 was renewed in 1970, 1975, 1982, and 2006. In 1970 and 1975, additional formulas were adopted. In 1970, Congress established November 1968 as the date for determining whether a state or political subdivision had discriminatory registration or illegal voting “test[s] or devices.” In 1975, a third formula was introduced.28 Section 5 was expanded to address discrimination against language-minority groups29 and broadened the definition of “test and devices.” This amendment added a requirement that covered entities provide bilingual voting materials if more than five percent of the citizen voting-age population spoke a language other than English.30 Although Congress extended Section 5 for 25 years in 1982 and 2006, no new coverage formulas were adopted at either of those times. Instead, Congress modified the procedures for states or political subdivisions to “bail out” or terminate Section 5 coverage.31

What is Section 203 of the Voting Rights Act and does it apply to all states? Section 203 of the Voting Rights Act of 1965 prohibits discrimination against language minorities, i.e., American Indian, Asian American, Alaskan Native, or of Spanish heritage. In 1975, Congress found that limited English proficiency excluded certain language minorities from participation in the election process, and it extended the protections of the Voting Rights Act to cover these individuals. Section 203 applies in those jurisdictions where the language minority citizen voting-age population reaches more than five percent of the voting-age population, or 10,000 persons in states or political subdivisions. In those jurisdictions, ballots, voting notices, forms, assistance and other materials must be bilingual.32

What are majority-minority districts? A majority-minority district is a district where the minority voting-age population is more than 50 percent of the district’s voting-age population.33

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If minority voters are less than a 50 percent majority in a district, may a district be drawn to include other voters who might cross over racial lines and support the minority voters’ candidate of choice? Yes. However, Section 2 does not require crossover districts, and redistricting bodies will not violate Section 2 if a crossover district could have been drawn but is not.34

Is the minority voting-age population important when drawing districts? Yes. The minority voting-age population is an important consideration when drawing districts, in order to prevent violations of Sections 2 and 5 of the Voting Rights Act. Since Section 2 prohibits diluting the minority vote, it is important to know the minority voting-age population in order to ensure that the redrawn district does not minimize the voting strength of minority voters in such a way that it constitutes vote dilution.35 The retrogression standard in Section 5 requires that changes to voting systems do not leave minority voters worse off than prior to the change; the minority voting-age population data is important to prove that a change complies with or violates Section 5.36 Also, since a majority- minority district must have greater than 50 percent minority voting-age population before a Section 2 violation can be claimed, it is important to have the voting-age population data available when drawing districts.37

Should states use citizen population or total population data when drawing districts? Although some states, including Louisiana, are free to use only the citizen age population when drawing districts,38 this approach could be found to violate the Equal Protection Clause of the U. S. Constitution. The Equal Protection Clause provides that states cannot give preference to one class of persons over another class, including non-citizens.39 Utilizing just citizen population may also be unconstitutional because one district’s votes may weigh more heavily than another district’s where a district has a greater population of non-citizens.40 It is advisable to use the total population when drawing districts. Redistricting is not only to protect citizens’ ability to elect representatives of choice; redistricting is also to provide “equal representation for equal numbers of people.”41 The Supreme Court has consistently held that total population is a reasonable basis for apportioning population.42

What are influence districts, and are they afforded Section 2 protection? Influence districts are districts where voters of color comprise a significant percentage of the voting-age population such that they may influence the result of the election, but are fewer than the number of voters needed to elect a candidate of their choice. While voters of color may not be the majority they may heavily influence the outcome because of shared interests or voting patterns. Community groups should be aware that there is no magic number for determining

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what constitutes a “significant” percentage of the voting-age population. Rather, this number will vary depending on different factors, including the number of registered voters who actually vote in an election. Creating an influence district does not protect the redistricting governing body from Section 2 liability, and a group cannot prove a violation of Section 2 because of the failure to create an influence district.43 Although studies have shown that influence districts are a powerful way to increase voting strength in communities of color,44 drawing influence districts are no substitute for drawing effective minority-majority or coalitional districts where voters of color have a greater ability to elect candidates of choice.

What are coalition districts? Do coalition districts provide greater opportunities for minority voters to elect candidates of choice? Coalition districts are districts with at least two minority groups that together make up a majority of a district and that vote together consistently to elect their candidate of choice. Creating these coalition districts may provide greater opportunities for voters of color to elect representatives of their choice. If two groups of over 50 percent majority-minority voters live in a geographically compact district and vote together for the same candidate and are unable to elect candidates of their choice due to bloc voting by majority voters, there may be minority vote dilution claim under Section 2 if the two groups would constitute a majority in a district but that district was not drawn.45

What are crossover districts? Are crossover districts protected under Section 2? Crossover districts are districts where the minority voting-age population make up less than a majority of the voting-age population but is large enough to elect that population’s candidate of choice with the help of a small number of majority voters who cross over to support the minority voters’ candidate of choice.46 Under these circumstances, crossover districts do not receive Section 2 protections, meaning there are no requirements to draw these districts.47 The Supreme Court has not decided whether crossover districts that contain two minority groups that make up a majority district are covered under Section 2.

What types of information or data can be used for redistricting? The U.S. Census provides a Summary File of redistricting data to each state showing the state’s total population, its voting-age population (18 years and older), and citizenship data. This data will be available to the public by April 2011. This file also includes a racial breakdown of all persons for the total population and the population of persons 18 and over. The Summary File also includes geographic data that includes voting precincts, which can also be helpful when drawing districts.48 The information contained in the Summary File is helpful in determining where lines should be drawn to protect minority communities that may share common interests.

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LOUISIANA REDISTRICTING RULES

Does the Louisiana Constitution provide rules guiding redistricting? Yes. Article III of the Louisiana Constitution provides the rules guiding redistricting.49 Article III, section 3 sets the maximum allowable number of state senators at 39 and state representatives at 105.50 Article III, section 6 provides the guidelines for redistricting the Louisiana House of Representatives and the Louisiana State Senate.51 The Louisiana Legislature is required to apportion the population in the senate and house as equally as practicable in 2011, the year in which the census data is reported.52 If the legislature fails to redistrict by this deadline, any elector can petition the to perform the redistricting.53 The Louisiana Constitution also governs the redistricting of other electoral districts, including the Public Service Commission,54 the state supreme court,55 courts of appeal,56 district courts,57 and the Board of Elementary and Secondary Education.58 The state Legislature is responsible for drawing district boundaries for all of these entities.59

What is the governmental body responsible for the redistricting of the Louisiana Legislature? The Louisiana Legislature is responsible for redistricting the districts of its members.60 The Legislature must complete the redistricting process by the end of the year following the year in which the U.S. Census is completed – in this case, by December 2011. If the Louisiana Legislature fails to redistrict by that time, then the state Supreme Court is responsible for redistricting.61 The Louisiana House of Representatives committee responsible for the initial redistricting plan is the House & Governmental Affairs Committee.62 The Louisiana Senate & Governmental Affairs Committee is responsible for the initial state senate redistricting plan.63

How often is the governing body required to redistrict? The Louisiana Constitution requires the state legislature to redistrict every ten years in accordance with the U.S. Census.64 The Legislature must complete the redistricting process by the end of the year following the year in which the U.S. Census is completed – in this case, by December 2011.65

Is the governing body required to follow the “one person, one vote” principle? Yes. The U.S. Supreme Court has consistently held that the U.S. Constitution mandates that each person’s vote in a congressional district must have equal weight.66 This principle applies to state legislatures and local governments.67

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While mathematical precision in population size should be required among districts to fulfill this requirement, courts have allowed “minor deviations” in size provided that deviation is under ten percent.68 “A plan with larger disparities in population… creates a prima facie case of discrimination and therefore must be justified by the State.”69

What traditional redistricting principles does Louisiana require the governing body to consider? In redistricting, Louisiana must abide by all applicable federal and state laws, including the U.S. Constitution, the Louisiana Constitution, and the federal Voting Rights Act of 1965. As a general matter, districts of the same type must be equal (or nearly equal) in population, and the Legislature cannot create districts for the purpose of denying or diminishing the right to vote based on race, color, or language group. The Louisiana State Constitution requires that all State House of Representatives and State Senate districts be single-member districts, and that the legislature redistrict the representation in each house as equal as possible.70 The State House of Representatives’ Committee on House and Governmental Affairs and the State Senate’s Committee on Senate and Governmental Affairs have adopted rules that will guide the respective committees in the redistricting process. Both committees have committed to creating redistricting plans with contiguous geography, to the extent practicable, that respect the recognized political boundaries and natural geography of the state.71 Both committees will also give “due consideration” to traditional district alignments in order to minimize voter confusion.72 While the House Committee declares that redistricting plans shall contain whole election precincts, the Senate Committee does not make mention of such a rule.73 Requirements for municipal governing authority (e.g. city council) districts are similar to those for school board districts. These districts shall contain, where possible, whole election precincts, 74 but if they are unable to maintain whole precincts and comply with applicable redistricting law (again, including one person one vote, the Voting Rights Act, and traditional redistricting principles), the municipal governing authority may split a precinct into portions that are bounded by visible census tabulation boundaries.75 However, the municipal governing authority should minimize the number of splits within a precinct and the number of split precincts overall.76

What is a single-member district election system? Are there single-member districts in Louisiana? The single-member district is the most common electoral system in the United States.77 In single-member district election systems, a state, county, city or other political subdivision is divided into distinct, geographically-defined areas (districts).78 Voters elect one representative to represent each of those districts; voters within that district can only vote for the representative of the district in which they reside.79

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The Louisiana State Constitution requires that all State House of Representatives and State Senate districts be single-member districts.80 The State Constitution also requires single-member districts for all members of the Public Service Commission,81 and for eight of the eleven members of the State Board of Elementary and Secondary Education.82 State Supreme Court Judges are currently elected from seven single-member districts.83 School boards can provide for all or some of their members to be elected from single member districts.84

What is an at-large election system? An at-large election system is an electoral system in which one or more legislative representatives are elected to represent the entire state, county, city, or other political subdivision.85 In this system, all candidates may run against one another, with the highest vote-getters winning the election, or candidates may run for individual, designated seats.86 City councils and other municipal governing bodies can provide for at-large districts87 – for example, the City Council has two at-large members.88 School boards can provide for one or more of their members to be elected at large.89 The Louisiana State Constitution permits more than one judge to be elected from each State Supreme Court district, if a two-thirds vote of each House of the legislature approves such a change.90

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LOUISIANA “LOCAL” REDISTRICTING RULES

What is the parish government structure in Louisiana? Louisiana’s parishes correspond to counties in other states. Most parishes operate under the police jury form of government, which is analogous to a county commission in other states. A minority of parishes operate under a form of home rule charter.91 A majority of parishes operate under Policy Jury. Police juries are typically elected from single member wards,92 and have the power to create up to twelve such wards within a parish.93 However, unlike a home rule charter parish, police juries do not have the protection against legislative interference in structure, organization, powers, and functions of the police jury.94

What governmental body is responsible for reapportioning parishes in Louisiana? The Louisiana Legislature is responsible for establishing, dissolving, merging, and redrawing parishes.95 Any such action must be approved by two-thirds of the electors in each parish affected.96 The parish governing authority (e.g. the police jury) itself redistricts the districts of parish governing body members (e.g. police jury districts), through an ordinance adopted by a majority of its members.97

Who is responsible for redistricting Louisiana’s municipal boundaries? Unless a home rule charter provides otherwise, the governing authority of any municipality adopts an ordinance by a majority vote of its members that either continues its existing apportionment plan, or provides for a new apportionment plan.98

Are there specific requirements for drawing school districts in Louisiana? As noted above, school boards must create school board election districts that are compact and contiguous.99 Boards can provide for all or some of its members to be elected from these individual districts, and can provide for one or more of its members to be elected at large.100 School board districts are not required to have the same boundaries as other districts created by other governing bodies101 (e.g. overlapping city council districts). Although the governing law requires that school board districts “shall contain whole election precincts”102, if a school board is unable to create a redistricting plan using whole precincts that complies with applicable law (most notably, compliance with the Equal Protection Clause and the Voting Rights Act, but also including adherence to traditional redistricting principles), the school board may split precincts.103 Such split precincts must be bounded by visible features that represent census tabulation boundaries.104 Although the law requires that no split precinct shall be divided into more than two school board districts, and no school board district shall contain more than three split precincts,105 it may be necessary to disregard these provisions if a school board is unable to comply with one-person one-vote requirements without violating them.106

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However, if a school board redistricting plan cannot be accomplished through the use of whole precincts and the number of members of the school board is the same as the number of members of the governing body of a municipality sharing the same geographic boundaries as the school board, the reapportionment plan of the municipal governing authority shall be the reapportionment plan of the school board.107

Must Louisiana’s governing bodies redistrict if there is a population change? Yes, at least with respect to the Louisiana State Legislature. The Supreme Court has all but required states to redistrict after the decennial census if there is a population change.108 And, the Louisiana Constitution requires the Legislature (or the State Supreme Court, if the Legislature fails to act) to produce a redistricting plan after the decennial census is published.109 Similarly, school boards must reapportion themselves after each decennial census by passing a resolution – by December 31, 2011 if the school board is up for election in 2012, and by March 1, 2012 if the school board is up for election in 2013.110 Under certain circumstances, some school boards may be required to redistrict when the parish in which it sits is governed by a home rule charter and the parish’s governing authority has redistricted itself.111 After the decennial census, municipal112 and parish113 governing authorities can declare the existing districting plan equitable or provide for a new districting plan. However, the Federal Equal Protection clause applies to units of local government that exercise general governmental powers, and a federal court is unlikely to tolerate a municipality or parish that refuses to redistrict even though the population of its districts are severely imbalanced.114

Can grassroots groups or individuals participate in redistricting? Yes. Bills to enact redistricting plans follow the same procedures for proposal and ratification as other legislation,115 and various legislators often introduce varying redistricting bills. Grassroots groups and individuals can participate in the legislative process by proposing their own plans to legislators and/or by testifying for or against a proposed plan or proposed plans. In addition, because the entire state of Louisiana is a covered jurisdiction under Section 5 of the Voting Rights Act, grassroots groups and individuals may participate in the “preclearance” process by responding to Section 5 submissions. Finally, grassroots groups and individuals with sufficient legal interests in a district may challenge a district or districts through legal action.

Are there rules governing grassroots groups/individuals drawing and presenting districts to the redistricting body? Redistricting plans submitted by grassroots groups and individuals will not be considered by the Committees unless they meet the minimally acceptable requirements for a redistricting plan, as laid out in the Committees’ adopted rules for redistricting.

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Both committees have committed to creating redistricting plans with single member, contiguous districts and, to the extent practicable, that respect the recognized political boundaries and natural geography of the state.116 Both committees will also give “due consideration” to traditional district alignments in order to minimize voter confusion.117 While the House Committee declares that redistricting plans shall contain whole election precincts, the Senate Committee does not make mention of such a rule.118 Finally, plans must meet basic Federal requirements: plans must contain Congressional districts with as equal population as possible and State governing body districts with no more than a 10 percent deviation, and all plans must comply with Section 2 and Section 5 of the Voting Rights Act.119 To present a redistricting plan to the House Committee, the plan should be submitted electronically in an ASCII, comma delimited block equivalency import file which complies with the Section 5 submission requirements of the U.S. Department of Justice, as well as an electronic shapefile of the plan.120 No similar rule exists for the Senate Committee, but it is probably advisable to do so anyway. Note that the Committees will not consider a plan that does not assign districts to all of the geography of the state, unless the plan is for redistricting the Courts of Appeal and is being delivered to the Senate Committee.121 Grassroots groups and individuals interested in participating in a public hearing on redistricting should consult the rules of the House and Governmental Affairs Committee and the Senate and Governmental Affairs Committee.122 At the hearing, the interested party must sign and deliver to the Committee secretary a witness card stating their name, agency, organization or other interest represented, address, and the bill number for which they are appearing.123 After being called by the Committee to speak, the interested party must deliver their testimony from the available witness table.124 It is also advisable to have hard copies of the testimony to present to the Committee at the hearing,125 of a number sufficient for the members of the Committee in attendance, two staff members, and the secretary.126 Individuals and groups presenting redistricting plans to the Committees should plan to limit their presentations to three minutes.127

Who should grassroots groups/individuals contact to provide testimony on submit- ted redistricting plans? Grassroots groups and individuals interested in providing testimony regarding submitted redistricting plans should consult the schedule of public hearings128 in order to ascertain an appropriate hearing, and may contact the House and Governmental Affairs Committee and the Senate and Governmental Affairs Committee,129 the legislative committees charged with forming initial redistricting plans, with questions. The House committee’s telephone number is (225) 342-2403 and the Senate committee’s phone number is (225) 342-2040.130

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What types of data should grassroots groups/individuals have available when drawing Louisiana districts? Grassroots groups and individuals interested in participating in the redistricting process are encouraged to provide information regarding local preferences, communities of interest, local voting patterns, and any other issues that the Legislature may consider when redrawing district lines. Grassroots groups and individuals interested in drawing Louisiana districts should consult the data available at the Louisiana House of Representatives Redistricting website at http://house.louisiana.gov/H_Redistricting2011/. Resources at the website include U.S. Census 2010 information, rules and regulations affecting Louisiana redistricting, and applicable maps and statistics.131

Is the non-citizen population included when districts are drawn in Louisiana? Yes. Documented individuals and undocumented individuals (who respond to the Census Bureau’s canvas) living in the state are counted as part of Louisiana’s population in the Census for the purposes of reapportionment and redistricting.132

How many Congressional districts are in Louisiana? There are currently seven congressional districts in Louisiana.133 As a result of the 2010 census, which showed a population growth of only 1.4 percent, Louisiana will lose one of its congressional districts.134 This will leave Louisiana with six congressional districts for the next decade.

How many Senatorial and House legislative districts are in Louisiana? There are 39 senate districts135 and 105 house districts136 in Louisiana. These are the maximum numbers allowable under the Louisiana Constitution.137

How many congressional and Louisiana legislative districts are controlled by African American or Latino representatives? Louisiana has one African-American member of the : Representative Cedric Richmond (D), from Louisiana’s 2nd District.138 Louisiana has no Hispanic members in the United States Congress.139 There are 20 African-Americans in the state house of representatives.140 There are 8 African- Americans in the state senate.141 Louisiana has one Hispanic member of the state house of representatives: Rep. (D).142 There are no Hispanic members of the Louisiana State Senate.143

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What is the deadline for the legislature to submit a redistricting plan? Although the Constitution of Louisiana mandates that legislative districts be redrawn by December 31, 2011, state legislative primary elections will take place on October 22, 2011,144 so the redistricting deadline for the state legislature must be earlier than what is required by the state Constitution. The tentative, internal deadline for the legislature to submit all redistricting plans is April 13, 2011.145 May 2, 2011 is the tentative, internal deadline for submission of plans for preclearance.146 However, the only hard deadline for the purposes of Louisiana law is August 29, 2011. This is the date by which the Louisiana Secretary of State must receive notice of preclearance under Section 5 of the Voting Rights Act, in advance of the October 22, 2011 state legislative primary elections.147 Although Wednesday, June 29th, 2011 would be the last possible date for the Department of Justice to receive a complete redistricting plan from the Louisiana Legislature and have 60 days to decide whether the plan meets the requirements of Section 5 of the Voting Rights Act, it is possible for the Department of Justice to grant expedited consideration to the redistricting plan.148 Even so, it would be highly risky for the legislature to push back the submission date so far into June, in case the attorney general registers an objection to the proposed redistricting plan close to the August 29 deadline. For Congress, whose primary elections take place on August 25th, 2012, and for the Public Service Commission and the Supreme Court, whose primary election take place on October 6, 2012,149 the plans for those districts must be enacted and precleared by June 27, 2012.150

What happens if the redistricting governing body fails to present a redistricting plan by the state deadline? If the redistricting governing body fails to present a legislative redistricting plan by the state deadline (December 31, 2011), the State Supreme Court is to reapportion the districts.151 This provision is unlikely to affect the outcome of the 2011 legislative redistricting plan because the primary election will take place on October 22, 2011. Finally, while there are no formal deadlines, under federal or Louisiana law, for the redistricting of U.S. Congressional districts following publication of the federal census, the Voting Rights Act imposes a practical deadline for covered jurisdictions, such as Louisiana. If the State fails to receive its “preclearance” before the end of the candidate registration period for the first congressional primary election following census publication, legal action will likely be brought in federal court to enforce Section 2c of Title 2 of the United States Code. That law requires each state to have the same number of districts as apportioned representatives and allows the election of representatives only from duly established districts.152

Which governing body reviews the redistricting plan adopted by the Louisiana Legislature? There is no formal review of a redistricting plan approved by the Louisiana State Legislature, other than the preclearance review under Section 5 of the Voting Rights Act.153

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Which parishes in Louisiana are covered jurisdictions under Section 5 of the Voting Rights Act of 1965? All parishes in Louisiana are covered jurisdictions under Section 5 of the Voting Rights Act of 1965, because the entire state of Louisiana is currently, as of 2011, covered by the Act.154

When will the first statewide election be held after the redistricting deadline in Louisiana? Although the Constitution of Louisiana mandates that legislative districts be redrawn by December 31, 2011, state legislative primary elections will take place on October 22, 2011,155 so the redistricting deadline for the state legislature must be earlier than what is required by the state Constitution. To meet the statutory preclearance submission deadline, legislative districts must be enacted and precleared by the Department of Justice by August 29, 2011.156 For Congress, whose primary elections take place on August 25, 2012, and for the Public Service Commission and the Supreme Court, whose primary election take place on October 6, 2012,157 the plans for those districts must be enacted and precleared by June 27, 2012.158

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ENDNOTES

1 http://projects.washingtonpost.com/politicsglossary/Congressional/redistricting/. 2 See Gray v. Sanders, 372 U.S. 368, 379-80 (1963)(stating that the Equal Protection Clause of the Constitution requires that all who participate in an election must have equal weight given to their vote once the geographical unit from which a representative has been chosen is designated); see also Wesberry v. Sanders, 376 U.S. 1 (1964) (determining that an apportionment of congressional seats that contracts the weight of some votes while expanding the weight of other votes is “unconstitutional.”). 3 See Vieth v. Jubelirer, 541 U.S. 267 (2004); cf. Hunt v. Cromart.ie, 526 U.S. 541 (1999). 4 Hunt v. Cromartie, 526 U.S. 541 (1999). 5 13 U.S.C. § 141. 6 2 U.S.C. § 2a(a). 7 See http://www.census.gov. 8 See http://www.census.gov/population/www/cen2010/glance/index.html. 9 See id. 10 13 U.S.C. § 141. 11 Id. 12 See Gray v. Sanders, 372 U.S. 368, 379-80 (1963)(stating that the Equal Protection Clause of the Constitution requires that all who participate in an election must have equal weight given to their vote once the geographical unit from which a representative has been chosen is designated); see also Wesberry v. Sanders, 376 U.S. 1(1964) (determining that an apportionment of congressional seats that contracts the weight of some votes while expanding the weight of other votes is “unconstitutional.”). 13 Id. 14 U.S. Const. art.. I, § 2, cl. 1. 15 Id.; see also Reynolds v. Sims, 377 U.S. 533, 563 (1964) (stating that giving more weight to citizens’ votes based on where they reside is not justifiable). 16 U.S. Const. amend. XIV, § 1. 17 42 U.S.C. § 1973. 18 Id. 19 42 U.S.C. § 1973b. 20 42 U.S.C. § 1973 et seq. 21 42 U.S.C. § 1973c. 22 Id. 23 See Thornburg v. Gingles, 478 U.S. 30, 50 (1986). 24 See Thornburg, 478 U.S. 30 at 47 (establishing three necessary preconditions for establishing a minority vote dilution claim—that: 1) the minority community is large and geographically compact (regular in shape) to constitute a majority, in a single-member district; 2) the minority group usually votes together to elect representative(s) of their choice; and, 3) the white majority usually vote together to defeat the minority voters’ candidates(s) of choice). 25 42 U.S.C. § 1973c (reauthorized Fannie Lou Hamer, Rosa Parks and Coretta Scott King (2006)). 26 42 U.S.C. § 1973c 27 Id. 28 Id.

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29 42 U.S.C. § 1973aa-1a. 30 Id. 31 42 U.S.C. § 1973c. 32 Id.; Counties in Louisiana have been covered under section 203 of the Voting Rights Act of 1965 for the following groups: 1) American Indian (Pueblo & Other Tribe Specified). See http://www.justice.gov/crt/about/vot/sec_203/203_notice.pdf. 33 Bartlett v. Strickland, 129 S. Ct. 1231 (2009). 34 Id. 35 42 U.S.C. § 1973c 36 Id. at (c). 37 See Bartlett, 129 S. Ct. at 1246. 38 Chen v. City of Houston, 206 F.3d 502 (2000) cert. denied, 532 U.S. 1046 (2000). 39 U.S. Co n s t . amend. XIV, § 1. 40 Garza v. County of LA, 918 F. 2d 763, 773-776 (9th Cir. 1991); but see Chen v. City of Houston, 206 F.3d 502, 523 (2000) cert. denied, 532 U.S. 1046 (5th Cir. 2000)(explaining that the decision of which population to use is left to the political process). 41 Kirkpatrick v. Preisler, 394 U.S. 526, 531 (1969). 42 Daly v. Hunt, 93 F.3d 1212, 1228 (4th Cir. 1996). 43 Lulac v. Perry, 548 U.S. 399, 446 (2006). 44 Georgia v. Ashcroft, 539 U.S. 461, 482 (2003). 45 See Bridgeport Coalition for Fair Representation v. City of Bridgeport, 26 F.3d 271 (2d. Cir. 1994)(establishing that combining minority groups to form [majority-minority] districts is a valid means of complying with Section 2 if the combined groups are shown to be politically cohesive); see also Campos v. Baytown, 840 F.2d 943 (1988) cert. denied, 492 U.S. 905 (1989)(noting that “if together [blacks and Hispanics] constitute a majority in a single-member district, they cross the Gingles threshold as potentially disadvantaged voters.”). These cases preceded Bartlett v. Strickland. Here the minority voters did not meet the threshold of greater than 50 percent as outlined to be required in Bartlett. Under the facts of both cases, post-Bartlett, it is unlikely that plaintiffs would have prevailed. Although, it is likely that the identical facts and circumstances with a majority-minority population greater than 50 percent, plaintiffs would meet the Gingles factors and claim a Section 2 violation. 46 Bartlett, 129 S. Ct. at 1236. 47 Id. 48 13 U.S.C. § 141 amended by PL 97-171 enacted in 1975 (directing the Census Bureau to provide the 50 states the redistricting data needed for use in drawing districts.). 49 La. CONST. art. III. 50 Id. § 3. 51 Id. § 6. 52 Id. § 6(A). 53 Id. § 6(B). 54 La. CONST. art. IV, § 21(A). 55 La. CONST. art. V, § 4. 56 Id. § 9. 57 Id. §§ 14, 15(A)-(B). 58 La. CONST. art. VIII, § 3(B)(1).

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59 Louisiana House of Representatives, Redistricting 2011 Frequently Asked Questions, http://house.louisiana.gov/h_redistricting2011/default_FAQs.htm (last visited April 1, 2011). 60 La. CONST. art. III, § 6(A). 61 Id. § 6(B). 62 Louisiana House of Representatives, Redistricting 2011 Frequently Asked Questions, http://house.louisiana.gov/h_redistricting2011/default_FAQs.htm (last visited April 1, 2011). There are 19 members of the House & Governmental Affairs Committee: Richard Gallot, Jr. (D), M.J. Smiley, Jr. (R), (D), Jared Brossett (D), (R), George Gregory Cromer (R), Michael E. Danahay (D), Herbert Dixon (D), Brett F. Geymann (R), Cameron Henry (R), Girod Jackson III (D), Rosalind D. Jones (D), Nancy Landry (R), Anthony V. Ligi (R), Nick Lorusso (R), Erich E. Ponti (R), Stephen E. Pugh (R), Jerome Richard (I), Jane H. Smith (R). 63 Committee on Senate and Governmental Affairs, Louisiana State Senate, Committee Rules for Redistricting 1 (Feb. 16, 2011), available at http://senate.legis.state.la.us/redist2011/Documents/rules.pdf (last visited April 1, 2001). There are currently 10 members of the Senate and Governmental Affairs Committee: Robert W. Kostelka, Chairman (R), , Vice-Chairman, (D), Jody Amedee (D), Dan Claitor (R), Jack Donahue (R), Lydia P. Jackson (D), Robert “Rob” Marionneaux Jr. (D), Edwin R. Murray (D), Mike Walsworth (R), and (Interim Member)(D). 64 La. CONST. art. III, § 6(A). 65 Id. 66 Wesberry v. Sanders, 376 U.S. 1, 7-9 (1964). 67 Reynolds v. Sims, 377 U.S. 533, 577 (1964); Avery v. Midland County, Texas, 390 U.S. 474, 479-81 (1968) (holding that the equal population principle applies to units of local government with general governmental powers). 68 Brown v. Thomson, 462 U.S. 835, 842 (1983). 69 Id. at 842-83. 70 La. CONST. art. III, §§ 1(A), 6(A). 71 Committee on House and Governmental Affairs, Louisiana House of Representatives, Committee Rules for Redistricting 2 (Jan. 19, 2011), available at: http://house.louisiana.gov/h_redistricting2011/2011_H&GA_REAPP%20RULES_ADOPTED.pdf [hereinafter House Rules]; Committee on Senate and Governmental Affairs, Louisiana State Senate, Committee Rules for Redistricting 1 (Feb. 16, 2011), available at: http://senate.legis.state.la.us/redist2011/Documents/rules.pdf [hereinafter Senate Rules]. 72 House Rules, supra note 71, at 2; Senate Rules, supra note 71, at 2. 73 House Rules, supra note 71, at 1. 74 LA. REV. STAT. ANN. § 33:1371(C)(1). 75 Id. at (C)(3). 76 Id. at (C)(4). 77 See Single Member Districts, FairVote, http://archive.fairvote.org/?page=765 (last visited April 1, 2011). 78 Id. 79 Id. 80 La. CONST. art. III, §§ 1(A). 81 Id. at art. IV, § 21(A)(1). 82 Id. at art. VIII, § 3(B)(1). 83 Louisiana Supreme Court, FAQ – About the Court, http://www.lasc.org/about_the_court/faq.asp#FAQ03 (last visited April 1, 2011). 84 LA. REV. STAT. ANN. § 17:71.3(B).

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85 FairVote, At Large Election Systems, http://archive.fairvote.org/?page=766 (last visited April 1, 2011). 86 Id. 87 LA. REV. STAT. ANN. § 33:382(D). 88 , Meet the Council, http://www.nolacitycouncil.com/meet/meet.asp (last visited April 1, 2011). 89 LA. REV. STAT. ANN. § 17:71.3(B). 90 La. CONST. art. V, § 4 (“The state shall be divided into at least six supreme court districts, and at least one judge shall be elected from each.”). 91 Police Jury Association of Louisiana, Parish Government Structure, http://www.lpgov.org/ (last visited April 1, 2011). 92 Id. 93 LA. REV. STAT. ANN. § 33:1224. 94 Police Jury Association of Louisiana, Parish Government Structure, http://www.lpgov.org/ (last visited April 1, 2011). 95 La. CONST. art. VI, § 1(B). 96 Id. 97 LA. REV. STAT. ANN. § 33:1411(A). 98 Id. at 1371. 99 LA. REV. STAT. ANN. § 17:71.3(B). 100 Id. 101 Id. 102 Id. 103 LA. REV. STAT. ANN. § 17:71.3(E)(2)(a). 104 Id. 105 Id. 106 La. Att’y Gen. Op. No. 94-366 (July 21, 1994). 107 LA. REV. STAT. ANN. § 17:71.3(E)(4). 108 See Reynolds v. Sims, 377 U.S. 533, 583-84 (1964) (“While we do not intend to indicate that decennial reapportionment is a constitutional requisite, compliance with such an approach would clearly meet the minimal requirements for maintaining a reasonably current scheme of legislative representation.”). 109 La. CONST. art. III, § 6(B). 110 LA. REV. STAT. ANN. § 17:71.5(A). 111 Id. § 17:71.5(B)(D). 112 Id. § 33:1371. 113 Id. § 33:1411(A). 114 See Avery v. Midland County, Texas, 390 U.S. 474, 479-81 (1968) (holding that the equal population principle applies to units of local government with general governmental powers). 115 Louisiana House of Representatives, Redistricting 2011 Frequently Asked Questions, http://house.louisiana.gov/h_redistricting2011/default_FAQs.htm (last visited April 1, 2011). 116 House Rules, supra note 71, at 2; Senate Rules, supra note 71, at 1. 117 House Rules, supra note 71, at 2; Senate Rules, supra note 71, at 2. 118 House Rules, supra note 71, at 1. 119 House Rules, supra note 71, at 1; Senate Rules, supra note 71, at 1.

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120 House Rules, supra note 71, at 2. 121 House Rules, supra note 71, at 2; Senate Rules, supra note 71, at 2. 122 Committee on House and Governmental Affairs, Rules of Procedure, available at http://house.louisiana.gov/H_Cmtes/H_CmteRules/2008_HGA.pdf (last visited April 1, 2011). 123 Id. 124 Id. 125 Id. 126 Id. 127 House Rules, supra note 71, at 3; Senate Rules, supra note 71, at 2. 128 Meeting Schedule for the Joint Governmental Affairs Committees, http://house.louisiana.gov/H_Redistricting2011/NewsPDF/2011_MEETING_SCH_JOINT_GOVAFFAIRS. pdf (last visited April 1, 2011). 129 Louisiana House and Governmental Affairs Committee, http://house.louisiana.gov/H_Cmtes/H_Cmte_HG.asp (last visited April 1, 2011); Louisiana Senate and Governmental Affairs Committee, http://senate.legis.state.la.us/redist2011/ (last visited April 1, 2011). 130 House and Governmental Affairs Committee, Louisiana Redistricting FAQ, http://house.louisiana.gov/H_Redistricting2011/default_FAQs.htm (last visited April 1, 2011); Louisiana Senate and Governmental Affairs Committee, http://senate.legis.state.la.us/redist2011/ (last visited April 1, 2011). 131 Louisiana Redistricting, http://house.louisiana.gov/H_Redistricting2011/ (last visited April 1, 2011). 132 Alfred Speer et al., Louisiana House of Representatives, Legal Requirements for Redistricting in Louisiana, available at http://house.louisiana.gov/h_redistricting2011/Legal%20Requirements_fnlv2-1215.pdf (last visited April 1, 2011). 133 Govtracks.us, Louisiana’s Representatives - Congressional District Maps, http://www.govtrack.us/congress/findyourreps.xpd?state=LA (last visited April 1, 2011). 134 U.S. Census Bureau, 2010 Census Data, http://2010.census.gov/2010census/data/ (last visited April 1, 2011). 135 Louisiana State Senate, 2008-2012 Senate Chamber Seating Chart, available at http://senate.legis.state.la.us/Senators/seating.htm (last visited April 1, 2011). 136 Louisiana House of Representatives, Representatives By Name, available at http://house.louisiana.gov/H_Reps/H_Reps_ByName.asp (last visited April 1, 2011). 137 La. CONST. art. III, § 3. 138 Black Americans in Congress, Office of the Clerk, U.S. House of Representatives,Member Profiles, http://baic.house.gov/member-profiles/ (last visited April 1, 2011). 139 Telephone Interview with legislative staff, Public Update Legislative Services (PULS) Line (Feb. 8, 2011). 140 Id. See also Louisiana House of Representatives, Race and Gender, available at http://house.louisiana.gov/H_Reps/1972-2012_RaceAndGender_LaHouse.pdf (chart correctly indicates 20 African-American members post inauguration whereas table is incorrectly labeled). 141 Louisiana State Senate, Senators: Membership Statistics, available at http://senate.legis.state.la.us/Senators/Data.asp (last visited April 1, 2011). 142 Louisiana House of Representatives, Race and Gender, available at http://house.louisiana.gov/H_Reps/1972-2012_RaceAndGender_LaHouse.pdf (last visited April 1, 2001). 143 Telephone Interview with legislative staff, Public Update Legislative Services (PULS) Line (Feb. 8, 2011); Louisiana State Senate, Senators: Membership Statistics, available at http://senate.legis.state.la.us/Senators/Data.asp (last visited April 1, 2011).

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144 Louisiana Secretary of State, 2011 Elections (Mar. 3, 2011), available at http://www.sos.louisiana.gov/Portals/0/elections/pdf/Calendar2011ElectionswithSPECIALS2.pdf (last visited April 1, 2011); Louisiana Secretary of State, Gubernatorial Elections: Offices Regularly Scheduled to be Filled (Nov. 2008), available at http://www.sos.louisiana.gov/Portals/0/elections/pdf/Gub_Summary_rev_10-07.pdf (last visited April 1, 2011). 145 Louisiana House of Representatives, Redistricting Timeline (Jan. 24, 2011), available at http://house.louisiana.gov/H_Redistricting2011/RedistrictingTimeline_1_24_11.pdf (last visited April 1, 2011). 146 Id. 147 LA. REV. STAT. ANN. § 18:1942 (“a notice that such plan has been precleared pursuant to the Voting Rights Act of 1965 shall be sent to the secretary of state by the person or entity that submitted the plan for preclearance and shall be received by the secretary of state not later than 5:00 p.m. of the fifth business day prior to the scheduled opening of the qualifying period for the election”). 148 28 C.F.R. § 51.34. 149 Louisiana House of Representatives, Time Line, http://house.louisiana.gov/H_Redistricting2011/default_TimeLine2011.htm (last visited April 1, 2011). 150 Louisiana House of Representatives, Louisiana Redistricting FAQ, http://house.louisiana.gov/H_Redistricting2011/default_FAQs.htm (last visited April 1, 2011). 151 La. CONST. art. III, § 6. 152 2 U.S.C. § 2c. 153 42 U.S.C. § 1973 (b)(c). 154 Id.; see also Dep’t of Justice, Civil Rights Div., Section 5 Covered Jurisdictions, available at http://www.justice.gov/crt/about/vot/sec_5/covered.php (listing Louisiana under “States Covered as a Whole”). 155 Louisiana Secretary of State, 2011 Elections (Mar. 3, 2011), available at http://www.sos.louisiana.gov/Portals/0/elections/pdf/Calendar2011ElectionswithSPECIALS2.pdf (last visited April 1, 2011); Louisiana Secretary of State, Gubernatorial Elections: Offices Regularly Scheduled to be Filled (Nov. 2008), available at http://www.sos.louisiana.gov/Portals/0/elections/pdf/Gub_Summary_rev_10-07.pdf (last visited April 1, 2011). 156 Louisiana House of Representatives, Redistricting Timeline (Jan. 24, 2011), available at http://house.louisiana.gov/H_Redistricting2011/RedistrictingTimeline_1_24_11.pdf (last visited April 1, 2011). 157 Louisiana House of Representatives, Time Line, http://house.louisiana.gov/H_Redistricting2011/default_TimeLine2011.htm (last visited April 1, 2011). 158 Louisiana House of Representatives, Louisiana Redistricting FAQ, http://house.louisiana.gov/H_Redistricting2011/default_FAQs.htm (last visited April 1, 2011).

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