May 20, 2008

Is the Democratic Party Subject to the VRA?

"The Texas Democratic Party says its presidential delegate-awarding system is not subject to the federal Voting Rights Act, which protects minority voters.

Attorneys for the party made that argument in response to a lawsuit filed by the League of United Latin American Citizens and others who claim the Texas system discriminates against Hispanics.

The party is not a state and thus is not covered by the Voting Rights Act, attorney Chad Dunn said Tuesday in explaining the party's court filings.

"Political parties are not required to go to the government and get approval for how they choose to select their nominees," Dunn said. He said the party's rules and bylaws "ensure that various minority interests have full participation and inclusion."

LULAC and the Mexican American Bar Association of Houston sued the party this month in federal court in San Antonio, contending the presidential delegate selection system is part of the election process and cannot discriminate against minorities.

Plaintiffs' attorney Jose Garza said political parties adopt their delegate rules with authority granted by the state, and the state must adhere to the Voting Rights Act, meaning the delegate allocation rules have to be approved by federal authorities.

U.S. District Judge Fred Biery has indicated he may rule as soon as this week."

Posted by Randy Riddle at May 20, 2008 04:22 PM