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.
Houston Chronicle Reports on Texas Voting Rights Initiative
March 15, 2024 – The Houston Chronicle newspaper reports on Brewer Storefront and its newly announced Texas Voting Rights Initiative. The article notes that the Storefront sent warning letters to two school districts in the Houston area – Humble Independent School District and the Angleton Independent School District.
The letters accuse the school district of violating the Voting Rights Act with their current at large system of electing trustees in May. Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors. The article noted that the letters said each school district could have at least one Hispanic opportunity district, where the Hispanic voting population makes up more than 50% of the district’s residents, adopt a single member district election system and move elections to November, when there is higher voter turnout.
Partner William Brewer III told the Chronicle that the letters represented “pleas to do the right thing.” He added, “It’s an age-old story: white dominated school boards, despite the fact that the majority of users of the service are the ones who have no representation.”
He added that the initiative will expand to other districts in the state and that, “We started here, (but) it’s not where we hope it ends.”
Brewer Storefront Launches Texas Voting Rights Initiative; Calls on Communities to Comply With Voting Rights Act of 1965
March 7, 2024, Dallas, Texas…The Brewer Storefront today announced the launch of the Texas Voting Rights Initiative (“TVRI”), a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act of 1965 (“VRA”). The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.
The TVRI will continue to analyze voting systems used for electing school board trustees and city council members across Texas, advance written scholarship, and pursue legal action to uphold and strengthen voting rights.
The TVRI is supported by the Brewer Storefront, the public service legal affiliate of the national litigation firm Brewer, Attorneys & Counselors. Since its establishment in 1995, the Storefront has brought numerous successful voting rights lawsuits on behalf of Latino, African American and Asian voters across North Texas.
“The Texas Voting Rights Initiative will promote democratic principles and voter equality at an important time,” said William A. Brewer III, chairman of the Storefront. “We believe our political institutions work best when they give all voters an opportunity to elect candidates of their choosing.”
Why It Matters – Equality and Opportunity in Education
A lack of diversity and equitable geographic representation on school boards often leads to underfunded schools, school and student achievement gaps, and disenfranchised voters.
In Texas, a considerable academic achievement gap still exists between white and minority students. In 2023, 64% of white students met grade level across all grades and subjects tested on the STAAR exam, compared to 42% of Hispanic students and 36% of African American students who met grade level. Given this disparity, Brewer Storefront believes the communities of color that Texas school districts educate deserve fair representation on elected school boards.
The need for a statewide voting rights initiative in Texas is critical, given its status as the nation’s second largest state, with a population exceeding 30 million people. Texas is a majority-minority state, with Hispanics as its largest population group. Despite this, many elected bodies, including local school boards and city councils, fail to reflect the state’s demographics, especially as voters of color continue to make up an increasing share of the electorate.
The TVRI’s initial focus is on school boards since as of last year, nearly three-quarters of the students enrolled in Texas public schools were children of color, and about 53% of all students were Hispanic.
The Storefront has successfully challenged many at-large election systems and inequitably drawn single-member districts. Through lawsuits filed under the Voting Rights Act, these challenges have argued that such systems deprive voters of color of a fair opportunity to meaningfully participate in the electoral process and to elect school board representatives or city council members of their choosing.
The Storefront pursues its voting rights cases under Section 2 of the Voting Rights Act, which prohibits voting practices or procedures that discriminate based on race, color, or membership in a language minority group. This advocacy frequently results in the establishment of single-member districts, ensuring minority voters have a fair opportunity in the electoral process and enabling them to actively participate in shaping the political landscape.
Following its assessment, the TVRI, through the Storefront, issued warning letters to 11 Texas school districts alleging violations of the Voting Rights Act. The school districts are Alamo Heights Independent School District, Angleton Independent School District, Arlington Independent School District, Corsicana Independent School District, Dumas Independent School District, Eagle Mountain-Saginaw Independent School District, Garland Independent School District, Humble Independent School District, Lufkin Independent School District, New Braunfels Independent School District, and Texarkana Independent School District.
“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,” Brewer said. “Elected school boards should reflect the diversity of the communities they serve.”
The letters request that the school boards in these districts take corrective actions and implement opportunity districts where a majority of eligible voters are Hispanic or African American.
The Storefront previously achieved winning outcomes in Voting Rights Act cases with the Lewisville Independent School District in August 2023, Richardson Independent School District in 2019, Carrollton-Farmers Branch Independent School District in 2015; City of Grand Prairie in 2015; Irving Independent School District in 2014; Grand Prairie Independent School District in 2014; City of Farmers Branch in 2012; and City of Irving in 2009. These school districts and city councils now utilize remodeled voting systems.
Contact:
Katherine Leal Unmuth
Brewer Storefront Associate Director
214.653.4832 kunmuth@brewerattorneys.com
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.
NBC DFW Reports on Voting Rights Settlement, Brewer Storefront
August 23, 2023 – NBC DFW reported on Brewer Storefront reaching a positive outcome with the Lewisville Independent School District (LISD) in a voting rights lawsuit against the district. NBC interviewed Dallas Morning News education reporter Talia Richman about the case and its importance to the community.
Richman noted that the lawsuit alleged the school board’s at large elections resulted in a primarily white Lewisville ISD school board and denied some people of color the opportunity to elect candidates of their choosing. Richman stated that, “The law firm, the Brewer Storefront, has been taking these cases on in suburban districts across North Texas.” She mentioned how the Storefront has brought Voting Rights Act lawsuits against the Richardson and Irving school districts and, “a whole host of districts, that all employed this at large system saying instead of having everyone elect each seat you should have districts based on where you live.” Those school districts and others adopted election systems that included single member districts and minority “opportunity” districts in which a majority of voters are people of color. As a result, minorities have been elected to the school boards in those communities.
Speaking of school boards across North Texas and the importance of their composition, Richman said, “These are the people who are making huge decisions, they’re hiring the superintendent, and they’re setting the budget. We’ve seen how much political infighting has taken place on school boards when it comes to these education culture wars. So they’re saying we really have to make sure that representatives match the makeup of the student body in Texas, which is increasingly becoming more diverse.”
Learn more about the Brewer Storefront’s voting rights work here.
DMN Columnist Quotes Partner on Importance of the Texas Open Meetings Act (TOMA)
Dallas Morning News Watchdog Columnist Dave Lieber quoted Partner William Brewer in a column that appeared on the front page of the March 15, 2019 Metro Section print edition of the newspaper. The column was critical of a recent Texas Court of Criminal Appeals decision striking down a key provision of the Texas Open Meetings Act (TOMA) that outlaws “walking quorums.”
Such walking quorums occur when a governing body meets in a smaller group to avoid a quorum and deliberates on future actions in secret, thus circumventing the TOMA requirement that meetings that constitute a quorum must be held in public. The Storefront, the firm’s pro bono community service affiliate, has previously brought lawsuits under this provision.
Additionally, the column highlighted that Brewer has sued several local school districts over voting rights and also has brought lawsuits over open meetings violations.
Brewer discussed the importance of open government: "People act better when they include all points of view, and they have to make a decision out in the open,” he said. “Government works better in the cleansing light of these sunshine laws.”
Brewer Storefront Announces Resolution of Richardson ISD Voting Rights Act and Texas Open Meetings Act Cases
The Brewer Storefront announced on January 17, 2019, that a settlement was reached with the Richardson Independent School District (“Richardson ISD”) in the Voting Rights Act and Texas Open Meetings Act (“TOMA”) lawsuits filed against the school district last year on behalf of plaintiff and former Richardson ISD school board trustee David Tyson, Jr.
The parties’ agreement resolves all claims against Richardson ISD. All seven members of Richardson ISD’s school board are currently elected at-large. Mr. Tyson claimed that the district’s voting scheme violates the Voting Rights Act of 1965. The agreement provides for a new electoral system consisting of five single-member districts and two at-large districts.
“We are pleased that the Richardson ISD school board agreed to adopt an electoral system that provides minority voters a fair opportunity to participate in the political process,” said William A. Brewer III, partner at Brewer Storefront, the firm’s community service legal affiliate. “We also commend the board members for taking steps to provide greater transparency in connection with their decision making. This is a transformational outcome for the local community – a moment that celebrates all who were part of this agreement and hopefully provides instruction to other school boards across the state.”
Joining Brewer in representing Mr. Tyson were Partner Michael J. Collins and Katherine Leal Unmuth of the Brewer Storefront’s Public Affairs Division.
The Dallas Morning News, Texas Tribune and other media outlets reported on the news. The Dallas Morning News published an article on the settlement on the front page of the January 18, 2019, newspaper.