Houston Landing Reports on Humble ISD Voting Rights Action

May 9, 2024 – Houston Landing reports on a Voting Rights Act lawsuit filed by Brewer Storefront on behalf of plaintiff Judith Bautista against the Humble Independent School District on Thursday, alleging the election system violates the VRA by preventing Hispanic voters from electing their preferred school board candidates. The lawsuit was filed as part of the Storefront’s recently announced Texas Voting Rights Initiative (TVRI).

 Houston Landing reports that the lawsuit was brought by Bautista, a former Spanish teacher in the district. There are currently no Hispanic trustees on the board.

“Regrettably, the diverse ethnic and racial makeup of Humble ISD is not reflected in its elected Board of Trustees — who live in a cluster in the predominantly white (and higher income) areas within Humble ISD,” the lawsuit states.

The Landing reports that the suit seeks as a remedy for the court to mandate that Humble ISD adopted “single member districts.” The article mentions that the lack of Hispanic representation contributes to the district’s “achievement gap” between students of color and white students.

Read the Houston Landing report here.

Lawsuit Claims Humble ISD Electoral System Violates Voting Rights Act of 1965

Dallas, Texas…May 9, 2024 – Brewer Storefront filed suit in federal court today on behalf of plaintiff Judith Bautista against the Humble Independent School District (Humble ISD) and its trustees, alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 because it denies fair representation to Hispanic voters. 

Filed in the United States District Court for the Southern District of Texas, Houston Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic voters a fair opportunity to elect school board representatives of their choice. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors. 

The lawsuit alleges that, based on the district’s demographics, one would expect that at least one Latino board member could be elected. Yet, none of the seven board members are Hispanic, and five are white. The complaint cities Hispanic candidates who ran for the board in recent years, such as Asdrubal “Dru” Gutierrez in 2023 and Liz Diaz in 2021, who lost to white candidates. 

“Our client believes the at-large election system used by Humble ISD denies Hispanic voters a fair opportunity to elect candidates of their choosing – trustees that represent their interests, schools and communities,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Judith Bautista. “The suit seeks the court-ordered adoption of a single member district voting system that allows every member of the community an equal opportunity to elect candidates of their choosing.”

In March 2024, Brewer Storefront launched the Texas Voting Rights Initiative (TVRI), a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.

The Storefront sent warning letters to 11 school districts on March 6, including Humble ISD, advising that they are violating Section 2 of the VRA. The letter requests that the school board adopt a single member district system that includes at least four opportunity districts for minority voters, including at least one district in which the Hispanic citizen voting age population (CVAP) comprises a majority.

“The school board refused the opportunity to avoid litigation and proactively change the election system to comply with the Voting Rights Act,” Brewer said. “Our plaintiff has stepped up in an effort to secure a fair chance for Hispanics to attain a seat on the board that oversees management of the school district, including hiring the superintendent. Such representation benefits students, schools, and communities – in the pursuit of greater opportunity for all children.”

Humble ISD is a richly diverse school district.  As of the 2022-23 school year, students of color comprised more than 70% of the Humble ISD student body and more than 38% of students were Hispanic. The district enrolls nearly 48,000 students. However, a significant “achievement gap” between Hispanic and white students, and between the lower performing elementary schools in the district that are majority minority in enrollment and higher achieving schools situated in the neighborhoods in which the members of the Humble ISD board of trustees reside. 

According to the complaint, all individuals in the top seven highest- ranking administrative positions in the District are white – the superintendent, associate superintendent, two deputy superintendents, and three assistant superintendents.

Under the current electoral system, school board members are elected at large. Candidates run for “places” but do not represent any specific geographic area.

The lawsuit alleges that, “The Hispanic population within the Humble ISD is sufficiently numerous and geographically compact to allow for the creation of at least one single-member electoral district in which the Hispanic population would constitute a majority of the total population and the citizen voting age population.”

The lawsuit continues, “Further, the Hispanic voters are politically cohesive, and elections for the Board at issue reflect a clear pattern of racially polarized voting that allows the bloc of white voters to usually defeat the Hispanic community’s preferred candidate.”

According to the lawsuit, the numbers of Hispanic voters are sufficiently large and geographically compact such that at least one single-member electoral district could be created in which Hispanics are a majority.

Bautista, who is Mexican American, is the daughter of immigrants from Monterrey, Mexico, a U.S. citizen, registered voter and homeowner. Her two children attend Humble ISD schools.

She previously worked as a Spanish teacher at Humble ISD’s Summer Creek High School from 2017 to 2023. She is currently enrolled in the Hispanic Studies Ph.D. program at the University of Houston, pursuing a concentration in Latino studies. Her thesis is focused on the implementation of cultural programs in schools to promote cultural diversity and language maintenance.

Ms. Bautista’s community involvement is extensive. She has volunteered for Raíces Unidas (United Roots), an organization in Houston focused on linking the Hispanic community with essential resources. She also has volunteered with the National Hispanic Professional Organization (NHPO) in Houston.

“I am concerned about the lack of sensitivity toward equity and diversity in Humble ISD,” said Bautista, who intends to run for the school board in 2025. “Much work is needed in Humble ISD to better serve the Latino community.”

The Storefront has successfully challenged violations of the Voting Rights Act on behalf of other communities of interest in previous actions.  

The Storefront successfully resolved Voting Rights Act cases with the Lewisville Independent School District in 2023, Richardson Independent School District in January 2019, the Carrollton-Farmers Branch Independent School District in 2015, and the Grand Prairie Independent School District in 2014. All districts now utilize remodeled voting systems. The Storefront also secured trial victories in Voting Rights Act cases against the Irving Independent School District in 2014, the City of Farmers Branch in 2012, and the City of Irving in 2009. Those lawsuits paved the way for the formation of new voting systems and the election of minority candidates.  

About Brewer Storefront, PLLC:  

Brewer Storefront is the community-service legal affiliate of the national litigation firm of Brewer, Attorneys & Counselors with offices in Dallas and New York. Founded in 1995, the Brewer Storefront tackles local and national issues, providing legal assistance to a wide range of individuals, business and community entities in need. Visit www.brewerstorefront.com.  

Contact: Katherine Leal Unmuth on behalf of the Brewer Storefront 

Phone: 214.653.4832 

E-mail:  kunmuth@brewerattorneys.com  

Houston Public Media Reports on Texas Voting Rights Initiative

March 19, 2024 – Houston Public Media reports on warning letters sent by Brewer Storefront to two Houston-area school districts notifying them that their at large election systems used for electing school board trustees could be violating Section 2 of the Voting Rights Act. Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors.

Letters were sent to 11 Texas school districts as a part of Brewer Storefront's newly launched Texas Voting Rights Initiative. The letters request that Houston area school districts Angleton ISD and Humble ISD adopt single member district election systems that create at least one opportunity district for Hispanic voters. 

The article notes that Brewer Storefront has brought several Voting Rights Act challenges against school districts and municipalities in Texas.

The article notes that, “Brewer Storefront, which has made legal challenges that prompted similar changes at five school districts in the Dallas area, said a lack of diversity and equitable geographic representation on school boards can result in disenfranchised voters, underfunding and achievement gaps for both schools and their individual students.”

The article reports that Sergio Lira, a Houston League of United Latin American Citizens (LULAC) leader,  praised Brewer Storefront for highlighting Texas school districts that could have more equitable and reflective representation on their boards. 

Houston Public Media quoted Brewer Storefront Chairman William A. Brewer III stating that, "We urge these school districts to take proactive steps in adopting election systems that comply with the Voting Rights Act and create districts that give voters of color a fair opportunity to participate in the electoral process. We believe our political institutions work best when they give all voters an opportunity to elect candidates of their choosing."

Read more here.

Brewer Storefront Files Motion for Leave to File Amicus Brief in Fifth Circuit Voting Rights Case

February 22, 2024 —Brewer Storefront filed a motion for leave to file an amicus brief in support of plaintiffs in the Petteway v. Galveston County case before the U.S. Court of Appeals for the Fifth Circuit. The Storefront is the pro bono community service affiliate of Brewer, Attorneys & Counselors.

The matter at issue concerns whether coalitions of minority voters – in this case Latino and Black voters – can continue to together bring Section 2 Voting Rights Act (VRA) claims. This includes situations where they constitute a group that is geographically compact and politically cohesive that forms a majority in a single member district. The Petteway case concerns Galveston County Commissioner redistricting maps.  The Storefront typically brings its voting rights cases under Section 2, which prohibits voting practices or procedures that discriminate based on race, color, or membership in a language minority group.   

The amicus notes that the Fifth Circuit was the first Federal Circuit to expressly allow minority coalition claims and has continued to do so. The brief cites the history of the Fifteenth Amendment and the suppression of minority voter rights that followed it. The brief states, “it is clear that the VRA is intended to broadly protect minority voting rights, including coalition claims, not limit protections of certain minority groups based on the composition of the group facing disenfranchisement.”

The brief adds that barring coalitions would gut the VRA, concluding that, “If Defendants are successful in this appeal, coalitions of minority litigants will have no meaningful opportunity to challenge demonstrably discriminatory practices that abridge their right to vote or dilute the power of their votes across the Fifth Circuit. Such action would frustrate Congress’ clearly stated purpose for enacting the VRA in 1965 and subsequently reauthorizing it 5 times over the next 40 years—effectively gutting the VRA as to a wide array of minorities.”

Since it opened in 1995, the Storefront has brought numerous successful Section 2 VRA cases lawsuits on behalf of Latino, African American and Asian voters across North Texas. The Storefront has brought coalition claims before, including in the current Shafer v. Pearland Independent School District case. Most recently, on August 18, 2023, it was announced that the Storefront successfully resolved a Voting Rights Act case with the Lewisville Independent School District (LISD) – paving the way for a new electoral system in LISD. 

The Storefront has successfully challenged many at-large election systems and unfairly drawn single-member districts. Under the Voting Rights Act, those lawsuits alleged that such systems deny voters of color a fair opportunity to meaningfully participate in the electoral process – and to elect school board representatives or city council members of their choosing.   

 “We ask the Fifth Circuit to uphold the standing of voters of color to combine in coalition classes to challenge voting systems that deny minorities an equal opportunity to vote,” said William A. Brewer III, partner at Brewer Storefront. “Given the increasingly multiracial composition of our democracy, coalition cases should be allowed to continue under the Voting Rights Act of 1965. Any effort to bar coalition claims is a transparent effort to suppress minority votes.”

Dallas Morning News Publishes Brewer Storefront Op-Ed on Election Timing

August 31, 2023 — The Dallas Morning News published an op-ed in the Opinion section Thursday by partner William A. Brewer III and Marie Brewer calling for the elimination of off-cycle May local elections in Texas and moving elections on-cycle to November to improve voter participation. The article reflects the Brewer Storefront’s continued dedication to enforcing and promoting the Voting Rights Act in Texas communities. The Storefront is the firm’s community-service legal affiliate.
 
The commentary follows:

In Texas, discriminatory voting practices that depress minority voter participation remain the norm. The Supreme Court’s recent decision in Allen vs. Milligan, upholding Section 2 of the Voting Rights Act, could spark legal challenges to our state’s local and state election systems going forward.

In our state, the Election Code mandates that general and special elections be held on one of the uniform election dates: the first Saturday in May, or the Tuesday after the first Monday in November. Although the code allows for elections to be held “on-cycle” (when state and federal elections occur), many local school board and city council elections are still held in May rather than November.

The timing of elections significantly impacts voter turnout. Experts, like political scientist Sarah F. Anzia, argue that the date of an election is the single greatest factor impacting voter turnout and composition. Other states recognize this and have adjusted their local elections accordingly. New York recently joined California, Arizona and Nevada in moving off-cycle local elections to coincide with statewide and national elections. These states point to increasing voter turnout and opportunity, specifically minority turnout, as the reason for the shift.

Fewer than 25% of Americans vote in elections for their local mayor and city council members, and turnout in off-cycle local elections averages over 30% lower than local elections held during presidential elections. In Texas, the situation is even more alarming. This past May, several major counties could not even reach 10% voter turnout.

All voting systems should aim to increase voter participation, and off-cycle elections especially warrant particular attention due to their disproportionate impact on minority voters. When off-cycle elections are moved on-cycle, minority groups increase their share of the electorate by up to 10 percentage points. Moreover, when local elections coincide with presidential elections, a larger share of voters come from families earning under $30,000 annually, while the share of voters earning more than $100,000 decreases.

When local elections are synchronized with national or statewide elections, the election date garners greater attention and accessibility across all voter groups. Conversely, off-cycle elections result in lower participation by large portions of eligible voters, and minority groups are disproportionately affected.

The past decade of social science research establishes that off-cycle elections undeniably affect voter participation and the makeup of voters who turn up at the ballot box, producing a voter pool that is not representative of the entire community.

As the courts have recognized, factors such as homeownership, education and income are strongly associated with voter turnout. Racial disparities in those factors can therefore contribute to racial disparities in political participation as well.

Although there may have been legitimate concerns in the 1800s and early 1900s that prompted off-cycle elections, such as the desire to separate local races from corrupt and partisan elections held at the federal and state level, there were also more problematic reasons aimed at discouraging voter participation from certain demographics.

Many local Texas communities, with a long history of racial discrimination, still experience disparities in wealth, education and homeownership. It is evident that under the totality of circumstances, off-cycle elections violate Section 2 of the Voting Rights Act. This was not a direct argument in Allen vs. Mulligan, but the case is instructive on many levels: It fosters the belief that voting rights should be protected and any barriers to equal opportunity should be eliminated. And with such a viable alternative of switching to on-cycle elections, there is no reason for this practice to persist where minority groups already struggle to make their voices heard.

Our institutions work best when they are welcoming and inclusive. Texas should embrace the learnings of the recent Supreme Court decision — and awaken to the many ways in which the Voting Rights Act can be used to foster political opportunity.

Dallas Morning News Publishes Brewer Letter on Voting Rights Act

June 15, 2023 —The Dallas Morning News published a letter to the editor from partner William Brewer praising the U.S. Supreme Court’s recent decision upholding Section 2 of the Voting Rights Act.

The letter text follows:  

The U.S. Supreme Court decision to uphold Section 2 of the Voting Rights Act is a major civil rights victory that should be of interest to everyone in North Texas. In a 5-4 vote, the court found in favor of Black voters in an Alabama congressional redistricting case. The decision underscores the role the act plays in ensuring fair representation to voters of color.

Many successful Section 2 Voting Rights Act lawsuits in North Texas have resulted in more equitable voting systems and the election of minority school board trustees and City Council members. There seems to be a misinformed movement that argues racial discrimination no longer plagues our electoral processes. But voting in many communities continues to be racially polarized, as white voters typically support white candidates — to the exclusion of minority candidates.

As Texas communities become more diverse, the need for more representative local governments and school boards becomes more acute. There is an urgent need to replace antiquated and discriminatory at-large electoral systems. We should remember the words of Congressman John Lewis, who called voting the most powerful non-violent tool we have in a democracy.