2018 Districting City Council Districts
1/12/2018
City of Buda 2018 Districting City Council Districts
Presented By: C. Robert Heath Partner, Bickerstaff Heath Delgado Acosta LLP
Purpose of Presentation Provide background information Discuss Districting Criteria and Guidelines Explain the next steps for the project
Page 2
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
1
1/12/2018
Redistricting Post‐Shelby County
Page 3
© 2018 Bickerstaff Heath Delgado Acosta LLP
Shelby County v. Holder No. 12‐96 (June 25, 2013)
After Shelby County, districting plans are no longer subject to Section 5 of the VRA Section 5 required all election changes adopted by governmental bodies in Texas and some other states to be precleared by the Department of Justice. While post‐Shelby districting is less complicated, it still must comply with legal standards. Page 4
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
2
1/12/2018
Law of Redistricting Basic Legal Principles that apply: One person – One vote VRA Section 2 Restrictions on Race‐Based Redistricting (Shaw v. Reno) State Election Law and City Charter provisions Page 6
© 2018 Bickerstaff Heath Delgado Acosta LLP
One Person – One Vote Requirement Constitutional principle applies to City Council’s single member districts While not a safe harbor, generally districts will meet constitutional requirements if they have no more than a 10 percent deviation. Page 7
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
3
1/12/2018
Ideal Size
10,000
District 1
District 2
District 3
Total Population
Total Population
Total Population
9,500
10,200
10,300
500 less
200 More 300 More
-5.00%
+2.00%
Deviation
8%
+3.00%
+3.00% + (‐5.00%) = 8.00% Highest Positive Percent + Highest Negative Percent = Maximum Deviation
[ (Total Population – Ideal Size) / Ideal Size] * 100 ] Page 10
© 2018 Bickerstaff Heath Delgado Acosta LLP
Types of Population
Page 8
Total Population Everyone Census Data Voting Age Population Everyone 18 or over Census Data Citizen Voting Age Population Everyone 18 or over who is a U.S. citizen Derived from ACS Spanish Surname Registered Voters (SSRV) Persons who are registered to vote and who have a Spanish surname. Derived from Secretary of State © 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
4
1/12/2018
While we almost always draw districts based on the census, because the census is now eight years out of date and because Buda has grown dramatically in the past eight years, we will attempt to develop more current data. Page 9
© 2018 Bickerstaff Heath Delgado Acosta LLP
Requirements Under Voting Rights Act of 1965 Section 2 Coverage – Applicable nationwide Creates cause of action for violation of electoral rights Section 2 standard is discrimination Under Section 2 preclearance of a change is not necessary Page 11
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
5
1/12/2018
Demographic Chart and Map
Page 12
©2011 Bickerstaff Heath Delgado Acosta LLP
© 2018 Bickerstaff Heath Delgado Acosta LLP
Page 13
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
6
1/12/2018
Page 14
© 2018 Bickerstaff Heath Delgado Acosta LLP
Population Estimation Method Used Geocode Utility Data Points To the Street Using Appraisal District and 9‐1‐1 Data
Aggregate Utility Points to 2010 Census Geography Compute the Number of Households Per Block
Use an Average Persons Per Household Multiply the Number of Households per Block with Average Persons Per Household Yields 2018 Estimated Population
Aggregated blocks yield a citywide estimated population/calculate an Ideal Size Page 15 © 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
7
1/12/2018
Plan Development
Page 16
©2011 Bickerstaff Heath Delgado Acosta LLP
© 2018 Bickerstaff Heath Delgado Acosta LLP
Page 17 © 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
8
1/12/2018
Next Steps Meet with City Council to develop an illustrative plan (Late February/Early March) Present illustrative plan to Council (March 20th) Begin the public input process* (April 1 – May 1) Finalize plan and adopt (May 15th) Page 18
©2011 Bickerstaff Heath Delgado Acosta LLP
*Set Public Hearing Date © 2018 Bickerstaff Heath Delgado Acosta LLP
Redistricting Criteria Where possible, use easily identifiable geographic boundaries Facilitate practical voting precincts and adequate facilities for polling places Districts configured to be relatively equal in total population based on the 2010 census and any adjustments to that data. Deviation should not exceed 10% Page 19
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
9
1/12/2018
Redistricting Criteria Consider incumbent‐constituency relations and historical representation Design compact and contiguous districts Narrowly tailor the plan to address VRA considerations Avoid fragmenting any geographically compact minority community or packing minority voters
Page 20
© 2018 Bickerstaff Heath Delgado Acosta LLP
Redistricting Guidelines Proposed Plans: Submitted in writing and be legible Show all demographic and racial categories based upon the 2010 Census or, if possible, updated data developed by the City Plans should redistrict the entire City of Buda Plans should conform to the criteria Comments must be submitted in writing and be legible Comments and proposed plans must include person’s full name and home address and provide a phone number and, if available, an email address All comments and proposed plans must be submitted to the City Council by the close of the public hearing
Page 21
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
10
1/12/2018
Redistricting Steps Present Illustrative Plan The entity draws an illustrative plan, based on the criteria to present to the public for comment Present the illustrative plan for comment at one or more public hearings. Page 22
© 2018 Bickerstaff Heath Delgado Acosta LLP
Redistricting Steps Analyze Public Input and Adopt Plan Analyze public comments and plans, and amend the illustrative plan, if necessary Adopt a final redistricting plan Notify and coordinate with Hays County Page 23
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
11
1/12/2018
City of Buda 2018 Districting City Council Districts
Presented By: C. Robert Heath Partner, Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
12
City of Buda 2018 Districting City Council Districts
Presented By: C. Robert Heath Partner, Bickerstaff Heath Delgado Acosta LLP
Purpose of Presentation Provide background information Discuss Districting Criteria and Guidelines Explain the next steps for the project
Page 2
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
1
1/12/2018
Redistricting Post‐Shelby County
Page 3
© 2018 Bickerstaff Heath Delgado Acosta LLP
Shelby County v. Holder No. 12‐96 (June 25, 2013)
After Shelby County, districting plans are no longer subject to Section 5 of the VRA Section 5 required all election changes adopted by governmental bodies in Texas and some other states to be precleared by the Department of Justice. While post‐Shelby districting is less complicated, it still must comply with legal standards. Page 4
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
2
1/12/2018
Law of Redistricting Basic Legal Principles that apply: One person – One vote VRA Section 2 Restrictions on Race‐Based Redistricting (Shaw v. Reno) State Election Law and City Charter provisions Page 6
© 2018 Bickerstaff Heath Delgado Acosta LLP
One Person – One Vote Requirement Constitutional principle applies to City Council’s single member districts While not a safe harbor, generally districts will meet constitutional requirements if they have no more than a 10 percent deviation. Page 7
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
3
1/12/2018
Ideal Size
10,000
District 1
District 2
District 3
Total Population
Total Population
Total Population
9,500
10,200
10,300
500 less
200 More 300 More
-5.00%
+2.00%
Deviation
8%
+3.00%
+3.00% + (‐5.00%) = 8.00% Highest Positive Percent + Highest Negative Percent = Maximum Deviation
[ (Total Population – Ideal Size) / Ideal Size] * 100 ] Page 10
© 2018 Bickerstaff Heath Delgado Acosta LLP
Types of Population
Page 8
Total Population Everyone Census Data Voting Age Population Everyone 18 or over Census Data Citizen Voting Age Population Everyone 18 or over who is a U.S. citizen Derived from ACS Spanish Surname Registered Voters (SSRV) Persons who are registered to vote and who have a Spanish surname. Derived from Secretary of State © 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
4
1/12/2018
While we almost always draw districts based on the census, because the census is now eight years out of date and because Buda has grown dramatically in the past eight years, we will attempt to develop more current data. Page 9
© 2018 Bickerstaff Heath Delgado Acosta LLP
Requirements Under Voting Rights Act of 1965 Section 2 Coverage – Applicable nationwide Creates cause of action for violation of electoral rights Section 2 standard is discrimination Under Section 2 preclearance of a change is not necessary Page 11
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
5
1/12/2018
Demographic Chart and Map
Page 12
©2011 Bickerstaff Heath Delgado Acosta LLP
© 2018 Bickerstaff Heath Delgado Acosta LLP
Page 13
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
6
1/12/2018
Page 14
© 2018 Bickerstaff Heath Delgado Acosta LLP
Population Estimation Method Used Geocode Utility Data Points To the Street Using Appraisal District and 9‐1‐1 Data
Aggregate Utility Points to 2010 Census Geography Compute the Number of Households Per Block
Use an Average Persons Per Household Multiply the Number of Households per Block with Average Persons Per Household Yields 2018 Estimated Population
Aggregated blocks yield a citywide estimated population/calculate an Ideal Size Page 15 © 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
7
1/12/2018
Plan Development
Page 16
©2011 Bickerstaff Heath Delgado Acosta LLP
© 2018 Bickerstaff Heath Delgado Acosta LLP
Page 17 © 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
8
1/12/2018
Next Steps Meet with City Council to develop an illustrative plan (Late February/Early March) Present illustrative plan to Council (March 20th) Begin the public input process* (April 1 – May 1) Finalize plan and adopt (May 15th) Page 18
©2011 Bickerstaff Heath Delgado Acosta LLP
*Set Public Hearing Date © 2018 Bickerstaff Heath Delgado Acosta LLP
Redistricting Criteria Where possible, use easily identifiable geographic boundaries Facilitate practical voting precincts and adequate facilities for polling places Districts configured to be relatively equal in total population based on the 2010 census and any adjustments to that data. Deviation should not exceed 10% Page 19
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
9
1/12/2018
Redistricting Criteria Consider incumbent‐constituency relations and historical representation Design compact and contiguous districts Narrowly tailor the plan to address VRA considerations Avoid fragmenting any geographically compact minority community or packing minority voters
Page 20
© 2018 Bickerstaff Heath Delgado Acosta LLP
Redistricting Guidelines Proposed Plans: Submitted in writing and be legible Show all demographic and racial categories based upon the 2010 Census or, if possible, updated data developed by the City Plans should redistrict the entire City of Buda Plans should conform to the criteria Comments must be submitted in writing and be legible Comments and proposed plans must include person’s full name and home address and provide a phone number and, if available, an email address All comments and proposed plans must be submitted to the City Council by the close of the public hearing
Page 21
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
10
1/12/2018
Redistricting Steps Present Illustrative Plan The entity draws an illustrative plan, based on the criteria to present to the public for comment Present the illustrative plan for comment at one or more public hearings. Page 22
© 2018 Bickerstaff Heath Delgado Acosta LLP
Redistricting Steps Analyze Public Input and Adopt Plan Analyze public comments and plans, and amend the illustrative plan, if necessary Adopt a final redistricting plan Notify and coordinate with Hays County Page 23
© 2018 Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
11
1/12/2018
City of Buda 2018 Districting City Council Districts
Presented By: C. Robert Heath Partner, Bickerstaff Heath Delgado Acosta LLP
Bickerstaff Heath Delgado Acosta LLP
12
