Connor v. Johnson: Gerrymandering & Vote Dilution

• The case Connor v. Johnson spanned 14 years and involved multiple courts due to challenges against the cracking of the Mississippi Delta during congressional redistricting and legislative apportionment
• The central argument in Connor v. Johnson revolved around vote dilution claims resulting from the legislature's cracking of the historically black Mississippi Delta, which involves single-member districts
• Mississippi argued that Section 5 of the Voting Rights Act didn't apply to redistricting plans, despite the redrawing of districts intended to equalize populations
• The initial district court ruling in Connor v. Johnson found no proof of unconstitutionality or racial discrimination, leading to the Supreme Court affirming the decision
• The initial redistricting plan in Connor v. Johnson was implemented, but it continued to dilute black votes by cracking the Delta region
• The 1971 redistricting plan used census to equalize district populations, resembling the previous plan
• The 1971 plan was precleared by the DOJ due to its similarity to the previously approved plan, except with tweaks for population equalization
• The initial districts were struck down due to malapportionment, though the legislature addressed this issue
• The districts were not struck down for alleged racial discrimination
• Legislative plans incorporated multi-member districts using whole counties
• The 1971 legislative plan was challenged, and preclearance was denied
• During the 1971 election, a significant percentage of House and Senate candidates ran in multi-member districts
• The state gradually shifted from multi-member districts to single-member districts
• Multi-member districts were not inherently unconstitutional but were being used in an unconstitutional way
• Packing, concentrating a minority in a district, occurred when multi-member districts were phased out
• Districts had been struck down based on population distribution claims
• The 1979 election saw an increase in black candidates elected due to the end of multi-member districts.
• The Delta district was restored as part of the 1982 redistricting plan, effectively enabling black citizens to elect their preferred candidates
• The Delta District had a 53% black voting-age population
• In the 1986 election, Mike Espy became Mississippi's first black congressman since Reconstruction
• Racial gerrymandering occurred in county supervisors’ districts
• Hinds County, containing Jackson, was the most urbanized area with a substantial black population
• Hinds County initially created single-member districts based on population and equal road-and-bridge mileage across the districts
• The state argued Hinds complied with the order to draw single-member districts with equal populations and road-and-bridge mileage
• The initial plan in Hinds was invalidated for malapportionment due to population disparities
• A new plan was drawn with 2 districts with >65% black population where 2 black county supervisors were subsequently elected
• The case Kirksey v. Board of Supervisors of Hinds County eventually compelled Hinds County to create 5 districts that did not dilute black voting power.
• At-large municipal elections involve city council members being elected citywide, with candidates running across the entire city
• Changes in legislature were implemented to reduce black turnout rates and voting power
• Stewart v. Waller involved a broad challenge to at-large city council election schemes across multiple cities
• From 1969-1973, in cities that switched from districts/ward elections to at-large election schemes, all 22 black candidates running were defeated
• Cities had their at-large election schemes overturned, reverting to districts or wards of equal population size
• In Kirksey v. Danks, the City of Jackson initially resisted changing their at-large election scheme post-overturnings
• The court found that the at-large election scheme in Jackson diluted the black vote
• Jackson was compelled to redraw election districts based on wards.
• The number of black candidates holding office increased as at-large election schemes disappeared
• The burden of proof in preclearance rests on the governmental jurisdiction
• The governmental jurisdiction used to rest the burden of proof on the minorities
• Jurisdictions often argued that voting/registration changes wouldn't affect minorities
• Many changes were denied preclearance because they did not affect the vote
• Section 5 covers any change affecting the right to vote, directly or indirectly
• Redistricting plans fall under Section 5
• Section 5 covers both vote denial and vote dilution
• Jurisdictions must prove no discriminatory purpose or effect
• Changes in Mississippi election law were challenged under Section 5
• Allen v. Board of Election (1969) established the legal framework for Section 5
• Allen v. Board of Election (1969) set legal precedent regarding vote dilution
• Allen v. Board of Election (1969) mandates preclearance for any voting-related change, with the burden of proof on the jurisdiction
• Section 2 was amended in 1982, adding section B, stating that discriminatory effect is enough to win a Section 2 claim regardless of intention
• The Results/Effects Test uses the Gingles Test to prove minority vote dilution
• Section 2 amendment of incorporated the Minority Vote Dilution Principle
• The Section 2 amendment reverses the Court’s interpretation of intent from Mobile v. Bolden
• Mobile v. Bolden previously stated discrimination had to be proven to be intentional to win a section 2 claim
• The effects of black political empowerment include an end to racial violence/intimidation
• The effects of black political empowerment include a drop in direct racial appeals in campaign politics
• The effects of black political empowerment include increased two-party growth in the region
• The effects of black political empowerment include a pivotal electoral coalition in statewide elections
• The effects of black political empowerment include changing white attitudes on racial issues, though this is an open question
• Voting patterns are now more partisan than racially generated but racial politics is still there
• Black voters are a big part of democratic voters in the south
• There has been an increase in black politicians holding office

The Connor v. Johnson case (1971) challenged Mississippi's redistricting, alleging vote dilution in the Mississippi Delta. Despite claims of racial discrimination and population equalization efforts, the initial court ruling found no unconstitutionality. The redistricting plan implemented continued to dilute black votes.