at large voting

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. 

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.

Dallas Morning News: Trial Over Voting Sees First Battle

February 18, 2009 – The Dallas Morning News reports that a federal court challenge to the City of Irving’s at-large City Council elections opened with disagreements over data interpretation.  

Brewer Storefront represented plaintiff Manuel Benavidez in a voting rights lawsuit against the city, arguing that its at-large voting method effectively denies representation to Hispanics.  

Expert David Ely testified that socioeconomic and educational disparities between Irving’s Hispanic and white populations made successful city council campaigns difficult for Hispanics.  

“It’s more difficult for candidates from this community to obtain the vote,” Ely said. He said he used 2000 U.S. Census data, 2006 Census estimates and his own projects to develop possible Hispanic voter majority districts.  

Dallas Morning News: Studies – Hispanic Candidates Blocked

July 11, 2008 – The Dallas Morning News reports that new studies released as part of a federal voting rights lawsuit brought against the City of Irving found that the city’s at-large voting system allowed white voters to block the election of Hispanic-favored candidates. 

“It is clear that whites vote as a bloc, and given they vote as a bloc, it effectively negates any chance a Hispanic has at being elected,” said attorney Bill Brewer, who represented plaintiff Manuel Benavidez in the lawsuit.  

The Brewer firm commissioned the studies on Irving City Council elections in 2002, 2005 and 2008. The article noted that they were conducted by an expert on election systems and minority voters and the founder of a database management firm specializing in Census data.  

The lawsuit requested that a U.S. district court declare that Irving’s at-large method violates the Voting Rights Act of 1965 and asked the city to develop a new system of electing council members.