Voting Rights Act

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

February 15, 2025 - The Brewer Storefront filed suit in federal court on behalf of plaintiff Claudio Vallejo against the Keller Independent School District (KISD), 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. The lawsuit further alleges violations of the Fourteenth and Fifteenth Amendments. 

Filed in the United States District Court for the Northern District of Texas, Fort Worth Division, on February 14, 2025, the lawsuit takes aim at the school district’s at-large voting system which denies Hispanic voters an opportunity to elect school board representatives of their choosing. The Storefront is the community impact legal affiliate of Brewer, Attorneys & Counselors.  

As of the 2023-24 school year, KISD was a majority-minority school district, enrolling 33,250 students, of whom nearly 25% are Hispanic.  

Yet, all seven of the board members are white and non-Hispanic. The complaint cites three Hispanic and Spanish surname candidates who ran for the board in recent years—and lost. The complaint states that Hispanic teachers are underrepresented among KISD faculty, with 14% of teachers being Hispanic compared to a quarter of students who are Hispanic. Additionally, the interim superintendent and all five current assistant superintendents are white.   

“The at-large election system used by Keller ISD denies Hispanic voters a fair opportunity to elect school board candidates of their choosing – those who would best represent the needs of the majority of children who attend schools in KISD," says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Vallejo, a parent of KISD students.

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 requests a new election system complying with the Voting Rights Act and Constitution, including a cumulative voting system and a shift to on-cycle elections. A cumulative voting system, included in the Texas Education Code, enables each voter to cast a number of ballots, for any one or more candidates in the manner of their choosing, equal to the number of positions to be filled at the election. 

As the complaint states, a significant achievement gap exists within KISD schools. On the 2024 STAAR exams, while 69% of the white students met grade level, only 51% of the Hispanic students and 40% of the African American students met grade level. 

A current proposal is under consideration that would split the district in half, breaking off the more diverse west side in which Vallejo resides, would increase segregation, and leave a predominantly white and affluent Keller ISD to the east situated in Keller proper. Currently, five of seven trustees reside on the East Side of the district within the Keller High School feeder pattern. 

 The lawsuit says, “From the outside looking in, KISD portrays itself as a premier public school district lauded for its commitment to academic excellence and student success. Families move to the district attendance area in pursuit of high-quality education, believing KISD to be a model of opportunity and fairness. However, for Mr. Vallejo, a long-time resident and invested parent, this image is far from reality.” 

The son of Mexican immigrants, Vallejo deeply values the importance of education and received a bachelor’s degree in advertising with a minor in business administration from The University of Texas at Arlington. He is personally invested in KISD and currently has a son in fourth grade and a daughter in first grade at KISD’s Bette Perot Elementary School. He specifically moved into the district boundaries and bought a home in Fort Worth in 2021, so his children could attend KISD – now at risk due to the proposal to split the district in two.  

“I am bringing this lawsuit to improve political opportunity for local voters, and to help ensure that every child, school, and section of the community is represented,” Vallejo says. “The current controversy over potentially splitting the school district brings to light the underrepresentation of diverse voices on our board.”  

The lawsuit further describes that, “The consequences of this systemic imbalance have been stark. The Board’s recent actions – particularly its rushed contemplation of detachment – represent an unprecedented departure from established procedures, while disregarding community input in a way that makes clear the at-large system has produced a Board indifferent to the interest of residents like Plaintiff. The result is not only a threat to the educational opportunities Plaintiff fought to secure for his children but also a direct attack on the value of his home and his stake in the District’s future.” 

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. 

Fort Worth Star-Telegram Reports on Voting Rights Lawsuit Against Keller ISD

February 14, 2025 – The Fort Worth Star-Telegram reports that Brewer Storefront filed a lawsuit against the Keller Independent School District (KISD) in federal court on behalf of plaintiff and Keller parent Claudio Vallejo, alleging that the district's at-large election system violates the Voting Rights Act of 1965.

The article states that the at-large electoral system dilutes the votes of minority voters, particularly Hispanic voters. The report also referred to the current "uproar" over a proposal to split Keller ISD in half, seeking to separate the relative more affluent and white east side from the less affluent, more racially diverse west side. Five of Keller's seven board members reside on the east side. 

Attorney William A. Brewer III, partner at Brewer Storefront and lead counsel for Vallejo, provided a statement to the Star-Telegram: “The at-large election system used by Keller ISD dilutes the votes of the significant number of Hispanic citizens. Given the racial polarization that exists, white voters are able to block Hispanic voters from electing school board candidates of their choosing — those who would best represent their schools, children and community. As the controversial proposal to split the district in two underscores, the consequence of the at-large voting scheme is a collection of white trustees who are out of touch with the needs of the majority of the children who attend KISD schools.”

Read more here.

Brewer Star-Telegram Op-Ed Urges Keller ISD to Abandon At-Large Voting

February 6, 2025 — Brewer Storefront Chairman William Brewer writes in the Fort Worth Star-Telegram that at-large election systems disadvantage minority voters. He points to the use of at-large voting to elect school board trustees in the Keller Independent School District as one example of how at large voting systems fail voters. 

"The controversy surrounding a proposal to break up the Keller Independent School District raises fresh concerns about a voting system widely recognized as discriminatory: at-large voting," Brewer writes in the opening of the opinion piece.

Brewer writes that if the more racially diverse west side of the school district was better represented on the school board, a discussion about splitting the school district would not be happening as it currently is. 

He suggests that cumulative voting and single-member districts offer a remedy to violations of the Voting Rights Act, for Keller ISD and other school boards. 

"Even casual observers know that at-large voting schemes — in which officials are elected across an entity rather than to represent specific districts — typically result in power being consolidated in the 'majority' of voters to the exclusion of even sizable minorities in communities," Brewer writes.

He suggests that cumulative voting offers a more equitable solution and writes that "if a school board election is for three seats, a voter could cast all three votes for a single candidate. This enables smaller but cohesive voting blocs to secure representation, ensuring their voices are heard in decision-making."

Brewer concludes that, "[Keller ISD] Trustees should shelve their plans to dismantle the district and adopt a voting system that enables participation of those whose views will better reflect the students the district is failing."

Read the op-ed here.

Fort Worth Star-Telegram Reports on Brewer Storefront Letter to Keller ISD Board

January 30, 2025 — The Fort Worth Star-Telegram reports that Brewer Storefront sent a letter to Keller Independent School District school board President Charles Randklev and trustees advising that the school district's at-large electoral system and off-cycle election schedule violate the Voting Rights Act of 1965.

The letter also charted a "path forward" for the school district to avoid a lawsuit. The article noted that the letter outlined Brewer's suggestions for rectifying voter suppression tactics. 

The requests included abandoning plans to split the district in half, pursuing a more inclusive voting system for the school district such as a cumulative system, moving elections to November, and fully informing voters in English and Spanish about election dates, candidates and procedures.

Read more here

Star-Telegram Reports on Keller ISD, Potential Brewer Storefront Legal Challenge

January 24, 2025 – The Fort Worth Star-Telegram reports today on emerging legal issues within the Keller Independent School District. The reporting chronicles the work of the Brewer Storefront, the legal community service affiliate of Brewer, Attorneys & Counselors, and notes the Storefront’s many successful cases under the Voting Rights Act.

As reported, “At issue is the district’s [Keller ISD] at-large places in which voters select candidates from across the district to fill open school board seats. Some experts believe at-large elections unfairly favor majority voting blocs and therefore violate the Voting Rights Act of 1965, which was established to ensure all registered voters have an equal voice.”

The alternative would be a single-member system in which voters elect representatives from subdistricts within the larger district. Over the past several years, legal challenges based on interpretations of the Voting Rights Act have pushed at least five North Texas school districts to change their electoral systems, says the article.

William Brewer, founding partner of Brewer, Attorneys & Counselors, said several Keller school district residents had reached out to his firm about challenging the election rules. Those inquiries were in response to a recent proposal to split the district in half, using Denton Highway as the dividing line. The plan was met with overwhelming opposition from parents at a Jan. 16 board meeting. The next public hearing is scheduled for Jan. 30.

Brewer’s firm has successfully initiated the move away from at-large voting in the Lewisville, Richardson, Carrollton-Farmers Branch, Irving and Grand Prairie school districts. He said he plans to file the lawsuit within 45 to 60 days.

“The law says in order to force a change, you need to establish preconditions,” Brewer said. “You have to show that voting is polarized — that whites are voting for whites, Hispanics prefer voting for Hispanics and Blacks are voting for Blacks. Then you have to be able to draw districts around subgroups that are contiguous and compact. Those preconditions seem to be present in Keller.”

Read more here.

Let's Applaud the Mississippi Court for Confirming Private Right of Action in Voting Rights Act Cases

July 11, 2024 - Brewer Storefront applauds a three-judge panel in the U.S. District Court for the Southern District of Mississippi for upholding a private right of action to sue under Section 2 of the Voting Rights Act in Mississippi State Conference of the NAACP v. State Board of Election Commissioners.

The Storefront is the community service affiliate of the law firm, Brewer, Attorneys & Counselors. The Storefront recently launched the Texas Voting Rights Initiative (TVRI).

The Mississippi judges ruled in favor of the NAACP and numerous Black voters in a case concerning Republican-drawn state legislative maps. The court properly noted that “few congressional enactments have had a more profound effect on the country than the Voting Rights Act of 1965, and a large percentage of the enforcement actions under the Voting Rights Act have been brought by private individuals…”

Mississippi falls within the Fifth Circuit Court of Appeals, which also covers Texas. Importantly, the Fifth Circuit has held that Section 2 of the Voting Rights Act does provide a private right of action, and this Mississippi three-judge panel embraces the wisdom of that holding. This right of action has been acknowledged in hundreds of cases at the federal district level, and many times at the Supreme Court. 

“The Mississippi court should be commended for validating that individuals may continue to serve as plaintiffs in Voting Rights Act cases,” Storefront Partner William A. Brewer III said. “It is critical that Black voters and other voters of color be empowered to challenge discriminatory election systems where they exist. Otherwise, these voters will be silenced and their rights suppressed.”

Late last year, a three-judge panel in the Eighth Circuit Court of Appeals found in a 2-1 decision in a redistricting case filed in Arkansas that only the federal government can bring a Section 2 voting rights challenge. That case was brought by the Arkansas State Conference NAACP and others.

“Unfortunately, judges in the Eighth Circuit removed the rights of individual voters in those seven states to bring lawsuits asserting their voting rights,” Brewer said. “We believe the private right of action should ultimately be restored in order to continue to ensure that voters of color in the United States are guaranteed a fair opportunity to elect candidates of their choosing.”

The Storefront has brought many successful voting rights cases on behalf of private individual plaintiffs; these cases spur election reform in districts across Texas and help minority communities elect the officials they choose to numerous school boards and city councils.

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 currently has pending cases challenging at-largeelection systems used to elect school boards in the Pearland Independent School District, Humble Independent School District, and Angleton Independent School District in Texas.

 

Houston Chronicle Reports on Voting Rights Lawsuit Against Angleton ISD

June 27, 2024 – The Houston Chronicle reports that Brewer Storefront filed a lawsuit on behalf of plaintiff Laura Jaso against the Angleton Independent School District (AISD), alleging that it is violating the Voting Rights Act of 1965 and denying fair representation to Hispanic voters by using an at-large election system to elect trustees.

The article notes that Brewer Storefront is the advocacy arm of Brewer, Attorneys & Counselors. In a statement, William A. Brewer III, founder and partner at Brewer Storefront, said the at-large election system used by the district denies Hispanic voters a fair opportunity to elect school board candidates of their choosing.

“Obviously, change is needed to address the needs of Hispanic children attending Angleton ISD schools, and to position the parents to address academic outcomes for the students being failed by the District," Brewer said in a statement. 

As reported, the lawsuit points to a lack of diversity among Angleton ISD’s school board and teachers, and an achievement gap between white and Hispanic students. The article reports that the lawsuit says that based on the district’s demographics, there should be at least one Hispanic board member. Jaso, a Mexican American, ran for Position 6 on the school board in May 2021 and lost to a white candidate.

"Hispanic candidates who run for the Board are disadvantaged due to the at-large voting system, which illegally dilutes the votes of ethnic minorities," the lawsuit reads. "Hispanic children, who are the majority of AISD students, are failed by this system and the Board." 

To read more, click here.

Lawsuit Claims Angleton ISD Electoral System Violates Voting Rights Act of 1965, Harming Academic Outcomes for Hispanic Students

Dallas, Texas…June 26, 2024 – Brewer Storefront filed suit in federal court today on behalf of plaintiff Laura Jaso against the Angleton Independent School District (AISD), alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 and denies fair representation to Hispanic voters. The filing is part of the Texas Voting Rights Initiative (TVRI) and a broader effort to address voting rights and systemic inequality in educational outcomes in Texas public schools.

Angleton is located about an hour south of Houston. Filed in the United States District Court for the Southern District of Texas, Galveston 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 choosing. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors. 

As the complaint states, an alarming achievement gap exists within AISD schools. Although nearly 60% of white students met grade level across all subjects and grades tested in 2022-23, only 46% of Hispanic students, 39% of African American students, and 40% of English Learners met grade level.

The complaint states that, “This persistent gap highlights unequal educational outcomes, with students of color and economically disadvantaged students lagging behind their white peers on academic measures tracked by the Texas Education Agency. Meanwhile, white students are set up for success by the majority white Board and the white superintendent.”

As the complaint alleges, none of this is a surprise. Hispanic children are also disproportionately assigned to a high enrollment elementary school, Westside Elementary School.  In 2022-23, almost 76% of Westside students were Hispanic.  The school enrolled 1,003 students – far higher than any of the district’s other elementary schools, which ranged in enrollment from 313 to 528 students—many with significantly higher expenditures per student than at Westside.

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 cites Hispanic candidates who ran for the board in recent years—and lost— including plaintiff. Jaso—a   Mexican American—ran for Position 6 on the AISD Board of Trustees in May 2021 and lost to a white candidate.

“The at-large election system used by Angleton ISD denies Hispanic voters a fair opportunity to elect school board candidates of their choosing – those who reflect their educational priorities,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Laura Jaso. “The suit seeks the court-ordered adoption of a single member district voting system to ensure political opportunity to Hispanic voters.”

Brewer added, “Obviously, change is needed to address the needs of Hispanic children attending Angleton ISD schools, and to position the parents to address academic outcomes for the students being failed by the District. It is shameful that so many Hispanic students are being funneled to an overcrowded elementary school, where many are not being educated to grade level.”

In March 2024, Brewer Storefront launched the 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 Angleton ISD, advising that it is violating Section 2 of the VRA. The letter requests that the school board adopt a single member district system that includes at least one district in which the Hispanic citizen voting age population (CVAP) comprises a majority. This is the second lawsuit brought under the TVRI initiative; Brewer Storefront filed a voting rights lawsuit against Humble Independent School District on May 9, 2024.

“The school district, through the lawyers, is defending the current at-large system that disenfranchises Hispanic voters,” Brewer said. “The school board is clinging to an antiquated electoral system that does not reflect the demographics of the community or the needs of its students.”

As of the 2022-23 school year, AISD enrolls about 7,000 students. Students of color comprise more than 67% of the AISD student body, and 51.5% of students are Hispanic.

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 AISD’s Hispanic population 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 CVAP.”

The lawsuit continues, “Further, 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.”

Jaso received a master’s degree in engineering from The University of Alabama and a bachelor’s degree in applied technology from Brazosport College. Her eldest daughter attended AISD schools.

“I am bringing this lawsuit because I feel that the leadership of Angleton ISD does not value the priorities and concerns of the Hispanic community,” Jaso said. “The entire community benefits when the electoral process is inclusive and reflective of those it serves. Equal and fair representation is the cornerstone to growth and prosperity in our education system.”

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. The Texas Voting Rights Initiative (TVRI) is a Storefront initiative. Visit www.texasvotingrights.com.  

Contact: Katherine Leal Unmuth on behalf of the Brewer Storefront 

Phone: 214.653.4832 

E-mail:  kunmuth@brewerattorneys.com