Court Case Pits Voting Rights of ‘Citizens’ Against ‘Residents’

From the San Diego Union-Tribute, written by Steven Greenhut:

California legislators have over the years been softening the distinction between citizens and noncitizens through a variety of measures that make it harder to deport unauthorized immigrants — and provide them with access to state programs.

While a U.S. Supreme Court case won’t affect a state’s right to pass such measures, it could force state officials to make a firm distinction between citizens and noncitizens in divvying up electoral districts. This Texas voting-rights case, known as Evenwel v. Abbott, could shift power away from poorer, immigrant-heavy urban areas to wealthier and more Republican counties — and from Southern California to the San Francisco Bay Area.

Legal experts were surprised when, last month, the court decided to accept the case. Critics of that decision, including Senate President Pro Tempore Kevin de Leon, D-Los Angeles, argue it “could lead to a system of political segregation that only counts three-fifths of our population — and essentially ignores the rest.”

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CA Could Lose Congressional Seats if Supreme Court Changes Law to ‘One Citizen-One Vote’

Photo courtesy of Rob Crawley, flickr

Photo courtesy of Rob Crawley, flickr

While the immediate reaction to the U.S. Supreme Court taking up the “one-person, one vote case” has been liberals and minority groups saying “Oh, S***” and conservatives getting excited, the case is much more complicated than that. If the Supreme Court rules in favor of plaintiffs, it would affect two distinct (and often confused) processes. Most articles I’ve read have focused on the affect of district lines.

However, the (and perhaps most significant) effect would be on the apportionment of congressional seats among the states. As Paul Mitchell has pointed out, states with a greater percentage of undocumented immigrants or documented non-citizen residents or even more kids (California, Texas) would lose congressional seats–since they are not considered in the Census’s Citizen Voting Age Population (CVAP).

Let’s pause on the last factor. While most of the commentary has been about undocumented residents, those under 18 would also no longer count. California has the third highest percentage of residents under 18, behind DC and Utah. And, of course, DC doesn’t get House seats. Shouldn’t our kids count when education funding is being decided in Washington?

Then there is the impact on redistricting, which could create a couple of additional Republican districts in California.

For California Republicans and Democrats alike, it’s in the state’s interest on the apportionment issue. The last thing the state could afford is to get bogged down on intra-state partisan district line-drawing while our influence in the House of Representatives is ceded to smaller, less diverse states. It would be bad for our technology and film industries, as well as our ability to influence federal funding formulas that determine how much of our tax dollars come back to the Golden State.

Let’s think about the implications before we drink our Kool-Aid and jump into our partisan corners.

Scott Lay is a Higher education Lobbyist and Publisher of The Nooner

Originally published by Fox and Hounds Daily