Memorandum from Blacksher to Wilson on Redistricting Plan Methodology

    MEMORANDUM 

TO: James Blacksher, Esq. 

FROM: Jerry Wilson py 

DATE: April 3, 1887 

RE: Dillard v. Crenshaw; Redistricting Plans 
  

The following document outlines the methodology to be use 

in drafting district election plans for selected 
Jurisdictions named in this case. Based on past experience I 

have developed this plan as a way to accomplish the objectives of 

this 1mmense project in a timely and efficient manner. All 

parties should be mindful that considerable cooperation will be 

required if we are to be effective. 

 



FOR DRAFTING PLANS 

411 districting plans shall be drafted in conformity with 
tradit ional constitutional and Voting Rights Act remedy standards 
including 

1. One-person, one vote 

Theres will be substantial population equality among 
districts. This criteria will insure that the vote of any 
citizen 1s approximately squal in weight to that of any other 
citizen in the jurisdiction. Each plan shall have a total 
AY Aobton of less than 10%. (Below that level, deviations will 
amar be considered de minimis. Brown v. Thomson, 103 5.C 

2685 (198 fopnor vv, “Finch, 431 0.5. 407 {1877); White 

Register, 412 U.S. 755, 763-764 (1973), Mahen v. Howell, 420 U.: 
Applicability to local governments: Avery 

330 11.5. 474 (1968): Panior v. Ibervills Earish 
F. 24 1232 (58th Cir. 1974); Cohen v. Malongy, 
Del. 19786)) 

Fair and Effective Representation for all Citizens 
Section 2 of the Voting Rights Act requires equality in the 

opportunity enjoyed by black and white votersg to 8lect their 

preferred candidates. If black vobing strength in a jurisdiction 

be sufficiently large, politically cohesive, geographically 

SA to conghitube 8 majority in a single member district that 

ia ~ts will be created with a ma jority black population. This 

comports with the sbandards established in Thornburg v. Gingles 

1068 S.Ct. 2752 (1986). The number of majority black dimtricks te 

be created in a Herindichion will be determined by the relative 

percentage of blacks in the total population. A majority of =a 

district will be a majority of the actual population. 

Consideration will be given to "electoral majority” which is 

based on voting age population and registration when determining 

the minority population percentage required to ingure an opportunity 

to elect preferred candidates. All plans will wield the maximum 

in terms of "effective minority voting equality”. The overriding 

emphasis will be the provision of special deferenne of the voting 

rights of minorities. Dilution of a minority voting streag #£+h 

will be avoided. There shall be no fragmentation of minority 

concentrations ("cracking") or combining and concentrating minerihy 

voters into districts ("stacking and packing”). 

  

3. Contiguity 
Every part of each district will be reachable from every 

other part without crossing the district boundary. Districts 

connected by bridges, water, and right of ways shall be 

considered contigious. 

4. Compact Districts 

This standard shall apply "as practicable” so long as it 

does not inhibit the ability to create apportioned districts with 

fair and effective representation for all citizens.  



  

5. Natural geographical boundaries 
To make district lines uniform, easy to follow, andl 2asily 

identifiable, all lines shall follow natural geographical 
boundaries including: 

a. the center lines of roads and streets; 

b. railroads right of ways; 

c. creeks, streams, rivers; 

d. bridges; 

e. other distiguishable natural or artificial boundaries. 

6. Precinct boundaries 

Consideration shall be given to precinct boundaries to the 

extent that such adherence does not conflict with other 

priorities. 

7. Incumbent Protection 

Incumbents shall be protected to the extent that such 

protection does not interfere with the overriding goal of fair 
and effective representation for all citizens. 

8. Partisanship 
Concerns about the relative partisan political strength 

resulting from the development of any plan will be handled on a 

case~-by-case basis. Partisan bias in the treatment of incumbents 

of opposing parties will not be a consideration in drafting 
rlans. 

 



  

The development of plans for each subject Jurisdiction is 

contingent on the availability of adequate population data bases 

which will allow the creation of apportioned districts which do 

not dilute minority voting strength. Particular problems exist 

in handling rural Alabama cities and atlas of require the 

use of innovative techniques to provide population data below the 

level of census enumeration districts (E.D.’s) 

The 1980 Census will be the basis for all plans. It will be 

1 a with annexation and sub-RE.D. information when the 

census information 1s inadequate to provide the data base 

necessary to construct districts. 

The development of adequate data bases for rural eounties 
and cities will be the principal problem in drafting plans. 
Redistricting will become an easy task once the data bases are 

established. Three sources of data will be used to construct 

districts: 

1. 1880 Census Data and Maps. 

When the subject jurisdiction 1s counted by census blocks 

(or for counties) census blocks and enumeration districts, plans 

can generally be constructed without any special effort to alter 

or supplement the data. 

2. Split Enumeration District Data. 

For a fee the census bureau can provide a block by block 

breakdown of the total population (by race) for a given 

enumeration district. Blocks will be outlined and numbered for 

selected Jurisdictions since the Census Bureau can only perform 

this service if there is an adequate map to plot the population 

on a block by block basis, The maps will be submitted to the 

bureau so that the agency can provide the necessary population 

breakdowns for districting purposes. 

3. Estimating Split Enumeration District Population 

In selected jurisdictions alternatives to purchasing E.D. 

data will be used if information exists which is reliable and can 

be used to estimate the population in split E.D.’s. These 
methods allow the estimate of population by race; by multiplying 

the number of households by the average person per household 

figures provided by the 1980 Census. 

a. Housing maps. 

Some city engineering departments have maps marking 

all the houses located within the Jurisdiction. These houses 

must be identified by race of residents and estimates will be 

developed by factoring in the average person per household for 

each race. 

b. House counts. 

In many instances it will be necessary to physically 

plot the households by race for jurisdictions on maps. The 

factoring procezz can then be used to split E.D.’s. This is a 

 



  

time consuming technique and 1t will require the complete 

cooperation of city or county officials to complete the task on a 

timely basis. 

 



  

RESOURCES 

Expertise has been developed in the original Dillard wv. 

Crenshaw case, as well as many other litigation efforts within 

the state, which can be used to handle the data management and 

a . RE . . gi : 

manipulation task this case requires. 

Henn Wi del i : 2 
JERRY WILSON, an attorney, is the Director of the Voting od alin i 

Rights Project of the Bouthern Regional Council in Atlanta. The 

primary objective of his project is the development of model 

redistricting plans for city and county governing boards. Mr 

Wilson has drafted and supervised the development of over 200 

redistricting plans in over 150 jurisdictions in seven southern 

states. He has worked for both plantiff groups and governing 

boards involved in redistricting issues, He has testified as An 

expert witness in voting rights cases and worked extensively in 

Piliard vv. Crenshaw. (His resume 1s attached hereto as 

an appendix. ) 

The expert proposes to work on the development of plans for 

jurisdictions requiring single member districts. Once a county 

or city is identified and the number of districts determined, the 

1980 census data and maps will be evaluated for usefulness. if 

the data is adequate for redistricting purposes, a plan will be 

developed under the criteria previously set forth. If the data 

maps Aare inadequate, the epumeration districohs will be 
and 

split by the census bureau (at cost to the jurisdiction) or an 

estimating technique will be developed to provide +he data base 

required. The specialist will evaluate the method most suitable 

for each jurisdiction and communicate with governing officials 

concerning the individual needs of that jurisdiction. 

be submitted to counsel for plantiffs and 

G.’s designated representative for = pa
n 

pt
 

| r
T
 

Drafted plans 

defendants as we 11 as the A Le : 

review. Explanations will be provided concerning the 

configuration of each plan. Requested chandes will bai 

accomodated selectively based on relevant considerations. 

S sir 
Complete disagreements Or des 

the context of the criteria pr 

negotiated through counsel. B 

project individual sessions will be 

viously set forth will have to be 

jacauzse of the magnitude of BHiS 

set up at designated dates. 

=) 

es which cannot be handled within 

en] 

: 

will be made of local officals to provide 

Often requests 1 : ¢ Ci : 

develop data hasss. The local counsel 

information or support to 

will be asked to submit the requests to the appropiate city or 

county agency. Timely compliance will be essential given the 

probable timetable for completion of plans. 

 



  

COSTS 

1 . 

1 

a 

rn anlits (based on the 
5 Census Bureau E.D. Splits ( based on the 

33 : per E.D 

3 LL for race info, 

I») 2 . 1.0. ya as = {ey S20 ATS oe tn No . 

3. Hours (billing rate is $60.00 per hour). 

4. Expenses: 

}3 ed 

1. Census 

jurisdiction 

Lhe 
Each 

for 

requiring 

following items: 

Maps and Data. 

ravel 

5 

a. T 

support costs (apportioned to each 

will vary with 

required 

the size of the 

to complete plans. 

redistricting plans 

Jurisdiction, 

will be 

Jurisdiction) 

technique