Agenda - 10-05-2021; 6-a - Presentation of Final Report from the BOCC Elections Advisory Group (BEAG)

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95 FRIENDS OF THE D Famdy Literacy Maglic Tree � II c or many jurisdictions, between incumbent[s], as a legitimate z state goal.""Expecting incumbent mem- taking race Into hers of a city,county,or school govern- account in drawing How do you take race Ing board not to look out for their own in terestsisaskingtoomuch. new district lines will be into account? It is fully defensible to make every the most difficult part of For many jurisdictions,taking race into effort to ensure that,after redistricting, the redistricting process. account in drawing new district lines no two incumbents share a district. will be the most difficult part of the Demographics and other considerations Race is typically a politically redistricting process. Race is typically a may make it unavoidable,however,and challenging issue, and in politically challenging issue,and in the in that case, incumbents will face one politics of redistricting, it is especially another.Board Member A,elected from the politics of redistricting, challenging.As difficult as the politics of District 1,may find himself,after redis- it is especially challenging. the matter are,however,the legal issues tricting,residing in District 2,along with involved may be even more difficult. Board Member B.In that case,until the next election, District 1 will have no Why are the legal issues so difficult? member living within it and no one In 2001 the nation finds itself at the directly representing it.An effort should election,may find himself with a choice uneasy intersection of two important be made to avoid this undesirable situa- down the line.If the District 2 seat is up legal standards:the Voting Rights Act of tion,but it may occur.In no event,how- at the next election, someone will be 1965 and the Equal Protection Clause of ever,may the redistricting work to short- elected from District 2 in that election. the Fourteenth Amendment to the U.S. en any member's term' unless the redis- Board Member A may choose to file to Constitution.The law under the Voting tricting is done by the General Assembly run then(perhaps against Board Member Rights Act has been developing for more through a local act. B, who has remained in District 2 all than three decades, and jurisdictions A problem may arise when, because along,or perhaps against someone else). faced with redistricting after the 1990 of staggered four-year terms,only some If Board Member A wins, then he be- census focused on its requirements as a members of the board will be up for comes the representative from District 2, primary legal concern. In the 1990s, reelection at the election immediately fol- and a vacancy is created in District 1.If however, a body of law began develop- lowing redistricting and others will be up Board Member A loses,then he remains ing under the Equal Protection Clause.It two years after that. In that instance in office for two more years until his orig- is not yet fully formed,but it has drawn Board Member A, whose residence is inal term expires.At that point he has no directly into question the former legal redistricted from District 1 to District 2 seat to run for,since he resides in District interpretations of the requirements of but who is not up for election at the next 2 and the District 2 seat is not up then. the Voting Rights Act. POPULAR GOVERNMENT SPRING ZOO1 9