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~I~I ~I~ ~I~ Dfa-Aa Date Printed: 02/05/2009 JTS Box Number: 1FES 52 Tab Number: 10 Document Title: NATIONAL CIVIC REVIEW: THE VOTING RIGHTS ACT AT THIRTY Document Date: 1995 Document Country: USA Document Language: ENG 1FES 1D: EL00754 ~I~I ~I~ ~I~ * 5 6 DFA-AA * WHEN REFORMED LOCAL GOVERNMENT DOESN'T WORK CINCINNATI CITIZENS DEFEND THE SYSTEM .......-VIEW THE C1 ; CONTENTS ________..... V.. OL,.UM __ E.. 84'''' ... NU... M iiiBE_R4 FALL-WINTER 1995 CHRISTOPHER T. GATES THE VOTING RIGHTS ACT Publisher DAVID LAMPE AT THIRTY Editor EDITORIAL BOARD Long considered the most successful civil rights refonn Itgislation o/the 19605, the Voting Rights Act Jaceson CHARLES K. BENS uncertain future as it enters its fourth decade. The principal Restoring Confidence assault involves challenges to outcome-based enforcement of BARRY CHECKOWAY the Act intended to ensure minority representation in addition Healthy Communities to electoral access. DAVID CHRISLIP Community Leadership PERRY DAVIS SYMPOSIUM Economic Development 287 ELECTION SYSTEMS AND WILLIAM R. DODGE REPRESENTATIVE DEMOCRACY Strategic Planning By Joseph F. Zimmerman LEONARD j. DUHL Healthy Communities An overoiewofthe key prouisionsojthe Act and major amendments (1970, 1975 and 1982), with PAUL D. EPSTEIN discussion of landmark judicial opinions and their Government Performance impact on enforcement. SUZANNE PASS Government Performance 310 TENUOUS INTERPRETATION: JOHN GUNYOU SECTIONS 2 AND 5 OF THE Public Finance VOTING RIGHTS ACT HARRYHATRY By Olethia Davis Innovative Service Delivery A discussion of the general pattern of vacilla­ ROBERTA MILLER tion on the part of the Supreme Court in its interpre­ Community Leadership tation of the key enforcement provisions of the Act, CARL M. MOORE leading toward the conclusion that there never has Community Leadership been any clear consensus on the extension of voting rights. ROBRlCHlE Proportional Representation 323 SHA W, MILLER AND THE EDWARD T. ROGOWSKY DISTRICTING THICKET Community Problem Solving By Richard 1. Engstrom jAMESH.SVARA Recent Supreme Court decisions involving Governmental Structure majon' ty-minority electoral districts have in troduced KENNETH THOMSON new uncertainty into the political boundary-draw­ Citizen Participation ing process, particularly with regard to the relative ALLAN WALLIS importance applied to such factors as geography, Metro and Regional Governance incumbency, political ajfifintion, etlmicity, and race. JOSEPH ZIMMERMAN News in REVIEW 337 CUMULATIVE VOTING AS A REMEDY IN VOTING RIGHTS MARKETING/PRODUCTION CASES BRANDI ABEYTA By Edward Still and Pamela Karlan Circulation While majority-minority districts are bitterly RENEE CASTILLO litigated in the courts, a "quiet revolution" is taking Business Manager place in jurisdictions across the nation employing the KATHLEEN DEC alternntive system of cumulative voting. Production Supervisor PHYLLIS THOMAS Cover Illustration NATIONAL ISSN 0027-9013 (~CREVIEW CORRESPONDENTS . GEORGE BARBOUR 347 CUMULATIVE VOTING AS AN Innovative Service Delivery ALTERNATIVE TO DlSTRICTlNG: SHEILA BLAIR AN EXIT SURVEY OF SIXTEEN Community Leader.;hlp TEXAS COMMUNITIES J. WILliAM BRESLIN By Robert Brischetto Conflict Management and Coosensus Citizms participating in cumulative voting SUSAN CARPENTER elections gm.... lly agree tIlL systtm is fair, pmnit­ Community Problem Solving j ling all groups an opportunity to elect TeprtsDltIl­ Wu.ilAM CIRONE tives of their choice. No electoral reform, however, Citizen Partidpation can take tIlL plaa of effrctivt! rot.,. education and SARADAVlES mobilizAtion. Community Leadenhlp DOUGLAS C. EADIE 355 WHY WOMEN SHOULD BE Strategic Planning and Management INCLUDED IN THE NORMAN N. GILL . VOTING RIGHTS ACT Midwest By Wilma Rule DOUGLAS HENTON HIls the success of the Voting Rights Act in Community Problem Solving mlarging tIlL numb.,. oj minority elected officials be.. matcllLd in tIlL aTtll offemale representation? JAMES E. JARRETT Innovative Service Delivery Are women fundamentally dislldvantaged by our electoral structures, systmlS and prodias? If so, is MICHAEL MALONEY thLre a legal remedy? Neighborhood Innovations LOUIS MASOTI1' Metro Trends NON-SYMPOSIUM SIMON MILES Canada 369 WHATDOYOUDOWHEN JOHN NILES REFORMED GOVERNMENT Government Performance DOESN'T WORK? WJLUAM POrAPCHUK By Gerald E. Newfarmer Conflict Management and Consensus A recent campaign to abandon coundl-man­ IIMSEROICA a~ govmnnmt in Cincinnati, Ohio dmumstrate5 Rural Developments thot the democratically tlected city council remains NAnONAL OVlC REVIEW (ISSN 0021-9013) is published ~by the Irq to presmring and maintaining the vigor oftIlL the National Clvic League Prat•• division af the National Civic leaF. council-managtr plan. When councils fail to lead as Inc:. Second class. posaae paid at Denver, CO. Editorial, mllrketing, busineu,andtultillmmtciJ6caltl44SMarketStreet,.Suite300,Omver,CO a group, they open the door to potmtially disastrous 80202·1728; (303) 571-4343. ~C 1995 National Civic: tzague,lnc. rmredits. Pull information on IUblaipiion and membu&hip rates pmvtdeC:I 0l'I re­ quest. US. and Canadian bWc rate {l1br.u'ie$ ancffndjvid'uala) USS30 pH year (lour issues p).us index, IUpplred with lint iuur of the auC'CeltCling volume year). eopies of single blues, S8. Orders 01 five or men mpies­ $5 ..d>. POSTMASTER: Send address changeS: to: NATIONAL CIVIC REVIEW. DEPARTMENTS 1445 Markrt Street, Suite 300, Denver. CO 80202·112B. CHANGES OF ADDRESS: Prior to moving. please notify Brandi Abeyta. NAll0NAL OVIC REVIEW. 1«5 Marl(~f5trftt.. Suite 300, Denver, CO 377 NEWS IN REvIEw S0202-1'728. Allow six weeb for processing. Edited by Joseph F. Zimmerman INDEXED in Public Affaits Wonnation Service. ABC POL SCI, and 800lc D.C.-area residents and businesses rate air Review Indell:, Miaofi1m available from University Mkrofilms. 300 North Zeeb Road, Ann Arbor ,Ml4ll1 06. Back-issues and bOund volumes .vallab~ pollution as number eme regional problem; Ameri­ from William S. Hem &; Co.. 1285 M&in Strftt. Buffalo, NY 14209. Full text .v&ilablelntheelec:tronicven1onsoftheSodalSdmcelndex.H.W.Wtlson cans move frequently in and out of poverty; rail Co., 950University Ave:nw!, Bronx. NY IG&51.andin CD-ROM from EBSCO shipping may be experiencing a resurgence. ~~uasr::~~~~?~::;r:ota~~~~~~U~~ Company,3801 Eut Florida Avenue, Suite 200, Denver, ~O 80210. 1HE NATIONAL OVIC 1.EAGUE, founded in 1894 as the National Mw'lic:ipallngue.advocates a new dvic astenda tocreate communities that work (or everyone. The Lear.e is a 5C!1(c)(3) nonprofit, nonpartisan educationalauociationofindiVldualsandorganizations.lLaguemembers ~R tave acceu to the Information and services ~ to imE~ mmmu­ ni~ life. ~r~p~information. am.-tact June Angole, (303) 571--4343. FALL-WINTER 1995.281 Featured Authors ROBERT BRISCHETTO ("Cumulative Vot­ Fresno and San Jose, California. He is founder, ing as an Alternative to Districting") is a chariman and chief executive officer of Man­ sociologist in Lakehills, Texas. His article is agement Partners, Inc., Cincinnati, Ohio. based On a study conducted by the HispaniC Research Center of the University of Texas at WIlMA RULE ("Why Women Should Be San Antonio with support from the Murray Included in the Voting Rights Act") is an and Agnes Seasongood Good Government adjunct professor of Political Science at the Foundation of Cincinnati, Ohio, The Center University of Nevada at Reno. The figures for Voting and Democracy, San Antonio at­ appearing in her article were first published torney Jose Garza, the Poverty and Race Re­ in WihnaRule, "Women's Underrepresenta­ search Action Council, and the Mexican tion and Electoral Systems," PS: Political American Legal DefenseandEducationFund. Science and Politics, December 1994, pp. 689- The project co-investigator was Richard L. 692. The author expresses her gratitude to Engstrom, professor of Political Science at the Judith Baer for supplying her book, Equality University of New Orleans. Under the Constitution, and Gayle Binion for her helpful comments. OLETHIA DAVIS ("Tenuous Interpretation: Sections 2 and 5 of the Voting Rights Act") is EDWARD SmL ("Cumulative Voting as a an assistant professor of Political Science at Remedy in Voting Rights Cases") is a voting Southern University, Baton Rouge, Louisi­ rights attorney practicing in Birmingham, ana. Alabama. PAMELA KARLAN is a professor of Law at the University of Virginia, Charlot­ RICHARD L. ENGSTROM ("Shaw, Miller, tesville, Virginia. and the Districting Thicket") is a research professor of Political Science at the Universi­ JOSEPH F. ZIMMERMAN ("Electoral Sys­ ty of New Orleans, New Orleans, Louisiana. tems and Representative Democracy: Re­ flections on the Voting Rights Act") is a pro­ GERALD E. NEWFARMER ("What Do You fessor of Political Science at the State Univer­ Do When Reformed Government Doesn't sity of New York at Albany and a member of . Work? The Cincinnati Experience") is the the editorial board of the NATIONAL CMC past city manager of Cincinnati, Ohio, and REviEw. c-R 282' FALL-WINTER 1995 NATIONAL CIVIC REVIEW PuBLISHER'S _____""_' "" ___ _ -NOTE he National Civic League has long the Voting Rights Act and its various taken the position that self-educa­ amendments (1970, 1975 and 1982). Ttion on political issues and regular That the Act is now under serious participation in elections constitute mini­ review (many would call it an attack) is mal compliance with the responsibilities partly an indication of its extraordinary of citizenship in a democracy. The richer success; but the ease with which
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