City of Lockhart v. United States

• Citation: 103 S.Ct. 998,74 L.Ed.2d 863,460 U.S. 125
• Decision Date: 23 February 1983
• Docket Number: No. 81-802,81-802
• Parties: CITY OF LOCKHART, Appellant v. UNITED STATES and Alfred Cano
• Court: United States Supreme Court

460 U.S. 125

103 S.Ct. 998

74 L.Ed.2d 863

CITY OF LOCKHART, Appellant

v UNITED STATES and Alfred Cano.

No. 81-802.

Argued Nov. 3, 1982.

Decided Feb. 23, 1983.

Syllabus

Prior to 1973, appellant Texas city was a "general law" city governed by a commission consisting of a mayor and two commissioners, all serving the same 2-year terms. These offices were filled in even-numbered years through at-large elections using a "numbered post" system whereby the two commission posts were designated by number, and each candidate specified the post for which he or she sought election. In 1973, appellant became a "home rule" city, and adopted a new charter whereby it would be governed by a mayor and four councilmen serving staggered 2-year terms, with the mayor and two councilmen being elected in even-numbered years through at-large elections using the numbered-post system and the other two councilmen being similarly elected in odd-numbered years. Forty-seven percent of appellant's population are Mexican-American, but, as of 1977, less than 30% of the registered voters were Mexican-American. A Federal District Court in Texas, in a 1979 suit by the individual appellee and other Mexican-Americans, enjoined further elections under the new plan pending preclearance of electoral changes in the charter under § 5 of the Voting Rights Act of 1965. The Attorney General precleared the changes except to the extent that they incorporate at-large elections, the numbered-post system, and staggered terms for councilmen. Appellant then filed suit under § 5 in the Federal District Court for the District of Columbia, seeking a declaratory judgment that the remaining changes did not have the purpose or effect of denying the voting rights guaranteed by § 5. The District Court compared the new plan to what the old practice would have been without numbered posts on the ground that under Texas law appellant as a general-law city was not entitled to use a numbered-post system. The court held that numbered posts and staggered terms each have the effect of discriminating against protected minorities, particularly in view of the history of racial bloc voting in the city.

Held:

1. Appellant's entire 1973 election plan is subject to preclearance under § 5. Appellant admits that the addition of two seats to its governing body and the introduction of staggered terms are subject to § 5. Appellant also changed the nature of the "continuing" seats, since council posts one and two are not identical to the old commission posts one and two. Moreover, the discriminatory effect of the new seats cannot be de- termined in isolation from the "preexisting" elements of the council. Similarly, the impact of any of the seats cannot be evaluated without considering the fact that they are all filled in elections using numbered posts. Pp. 131-132.

2. The 1973 election plan will not have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group. Pp. 132-136.

(a) The proper comparison for purposes of § 5 is between the new system and the system actually in effect under the old practice, regardless of what state law might have required. Section 5 was intended to halt actual retrogression in minority voting strength without regard for the legality under state law of the practices already in effect. Pp. 132-133.

(b) Under the principle that § 5's purpose is to insure that no changes in voting procedures will be made that would lead to retrogression in minority voting strength, Beer v. United States, 425 U.S. 130, 96 S.Ct. 1357, 47 L.Ed.2d 629, the new system, when compared to the prior practice, does not have the effect of denying the right to vote guaranteed by § 5. Here, where appellant has used numbered posts for many years, effective single-shot voting would be equally impossible under both the old and new systems, and individual races could be highlighted under both systems. Similarly, the introduction of staggered terms has not reduced the opportunity for single-shot voting or increased the highlighting of individual races. Although there may have been no improvement in minorities' voting strength, neither has there been any retrogression. Pp.133-136

Pp. 1003-1004. --- F.Supp. ----, vacated and remanded.

Walter H. Mizell, Austin, Tex., for appellant.

Jose Garza, San Antonio, Tex., for appellee Alfred Cano.

Justice POWELL delivered the opinion of the Court.

This case requires us to consider the application of § 5 of the Voting Rights Act to the election plan adopted by appellant City of Lockhart in 1973.

I

The City of Lockhart is a community of just under 8,000 people in Caldwell County, Texas, 30 miles south of Austin. According to the most recent census figures, almost 47% of the City's population are Mexican-American. As of 1977, however, fewer than 30% of the City's registered voters were Mexican-American.

Before 1973, Lockhart was a "general law" city. Under Texas law, general-law cities have only those powers that the State specifically permits them to possess. As authorized by State law, Lockhart was governed by a commission consisting of a mayor and two commissioners, all serving the same two-year terms. These offices were filled in April of even-numbered years through at-large elections using a "numbered post" system. Under this system, the two commissioner posts were designated by number, and each candidate for commissioner specified the post for which he or she sought election. Thus each race was effectively a separate election for a separate office.¹

In 1973, Lockhart adopted a new charter and became a "home rule" city. In contrast to a general-law city, a home-rule city has authority to do whatever is not specifically prohibited by the State. This includes discretion to define the form of city government and to establish the procedures for city elections. As part of its new charter, Lockhart chose to be governed by a city council consisting of a mayor and four councilmen serving staggered two-year terms. The mayor and two of the councilmen are elected in April of even-numbered years through at-large elections using the numbered-post system. The other two councilmen are similarly elected in odd-numbered years.

Under § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as amended, 42 U.S.C. § 1973c,² covered jurisdictions may enforce changes in their election laws only after obtaining "preclearance" in one of two ways: (i) they may obtain a declaratory judgment in the United States District Court for the District of Columbia that the changes do not have the purpose and will not have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group, or (ii) they may submit the changes to the Attorney General, who then has 60 days in which to object. The Act was extended to the State of Texas in 1975, covering changes in election procedure from those in effect on November 1, 1972. See 40 Fed.Reg. 43746 (1975).

In 1977, four Mexican-Americans, including appellee Alfred Cano, challenged the constitutionality of Lockhart's election procedures under the 1973 charter. Cano v. Kirksey, No. A-77-CA-133 (WD Tex., dismissed Oct. 8, 1982), appeal pending sub nom. Cano v. Chesser, No. 82-1616 (CA5, filed Nov. 8, 1982). In the course of that suit, the plaintiffs discovered that Lockhart had never obtained approval under § 5 for the changes instituted in 1973. A second suit then was brought to enjoin the City from using the new election procedures pending § 5 preclearance. The United States District Court for the Western District of Texas granted injunctive relief.³ Cano v. Chesser, No. A-79-CA-0032 (WD Tex., Mar. 2, 1979) (three-judge court).

Once future elections were enjoined pending § 5 approval, Lockhart sought preclearance. The Attorney General, however, interposed an objection to the election procedures under the 1973 charter to the extent that they incorporate at-large elections, the numbered-post system, and staggered terms for councilmen. Lockhart then filed the present suit for a declaratory judgment in the United States District Court for the District of Columbia. Cano intervened as a defendant. As required by § 5, a three-judge court was convened to decide the case.

The District Court, recognizing that the City must prove both the absence of discriminatory effect and discriminatory purpose, bifurcated the trial. Addressing only the first issue, it held, over the dissent of Chief Judge Spottswood Robinson, of the United States Court of Appeals for the District of Columbia Circuit, that Lockhart's election procedures have the effect of discriminating against protected minorities.⁴ The court first decided that the entire election plan was subject to § 5's requirements. It then compared Lockhart's current system to that used before the 1973 charter, except that the court refused to recognize the City's prior use of numbered posts. This was justified on the ground that the use of numbered posts was not explicitly authorized by Texas law, and thus was illegal for a general-law city. The court concluded that numbered posts and staggered terms each have a discriminatory impact, particularly in view of the history of racial bloc voting in Lockhart.

Chief Judge Robinson, in dissent, agreed with the majority that Lockhart's city-council election procedures were subject to § 5 preclearance, and that the use of numbered posts and staggered terms tended to curb the ability of minorities to elect minority candidates. But relying on Beer v. United States, 425 U.S. 130, 96 S.Ct. 1357, 47 L.Ed.2d 629 (1976), he concluded that there was no retrogression in minority voting strength.

The City appealed the judgment to this Court, contending that the District Court misconstrued the scope of § 5, and that, in any event, there has been no retrogression in minority voting strength. The United States, which defended the suit below, now agrees...