Dallas Morning News: Congressional Hispanic Caucus fears 55 percent of Latinos would be impacted if Texas loses ‘one person, one vote’ case

WASHINGTON— Hispanic lawmakers are watching a case before the Supreme Court today with alarm, fearing as many as 55 percent of Latinos could be left out when drawing districts, if the state loses.

The case centers on whether state lawmaker’s districts should be determined by the total population or just eligible voters. Texas’ practice of counting total population is a common measure used by most states, and one the state is fighting to keep.

The Congressional Hispanic Caucus voiced concerns ahead of the case’s oral arguments. Caucus Vice Chair Rep. Joaquin Castro, D- San Antonio, said the case puts many non-eligible voters at risk that deserve to be represented equally to voting district constituents. Non-eligible voters are mostly children, but also include legal permanent residents, foreign citizens and convicted felons.

“This case, if the plaintiff is successful, would say to millions of Americans that you have no place in American democracy, that your voice doesn’t count at all,” Castro said. “Not only that, it would put that into law. That is unacceptable.”

Castro also fears the “eligible voter” requirement could be skewed and corrupted, like gerrymandering, allowing districts to manipulate who they deem eligible to mean registered voters or even more specific requirements.

The two Titus County Republicans that sued the state will argue their votes are being diluted because they live in a district with higher numbers of eligible voters than other areas of the state, like Dallas.

“There are great many people in Texas who are not eligible to vote,” said Sue Evenwel,one of the plaintiff. “This isn’t about them as individuals. I don’t care if they are legal, illegal, or what their race is. … The districts should be drawn by population, yes, but certainly, they should be informed by an understanding of those who are eligible to vote and those who are not.”

Evenwel’s case ask the court to clarify the meaning of ‘one person, one vote’ articulated by the court in 1966.

The state will argue that it has the right to decide whether or not to include non-eligible voters. If the state loses it could mean that two state lawmakers could end up with districts with a similar number of eligible voters, but their districts total population, which includes non-eligible voters, could vary wildly.

Castro said the case has an “ultra conservative” agenda like gerrymandering, strict voter ID laws in Texas, but he is standing with the Republicans defending the state’s total population rule.

“I have been very critical of Gov. Abbott and other Republicans in Texas,” Castro said. “I think it’s appropriate that he be defending the one person, one vote principle. I want to thank the state of Texas for doing the right thing.”