Do New Districts Mean All Council Members Should Be Up for Election?
A recent lawsuit filing argues yes
By Austin Sanders, Fri., March 11, 2022
A lawsuit filed by local activist attorney and former Travis County Judge Bill Aleshire could lead to all 10 Austin City Council districts, rather than five, being on this November's ballot. This would remedy what Aleshire calls the potential disenfranchisement of about 24,000 Austin voters impacted by boundary changes made by the Independent Citizens Redistricting Commission following the 2020 census.
The ICRC was first convened in 2013 to draw maps for the 10 single-member districts on the ballot in 2014. Then the winners drew lots to stagger their terms – some facing reelection in two years, others in four. Last year a new ICRC adjusted the boundaries to equalize the population among the 10 districts. However, the terms remain staggered as they were in 2015.
That means tens of thousands of Austinites are either now, or will in January 2023, be represented by CMs whom they couldn't vote for (or against). Of these, 7,318 voters who were moved from Districts 1, 5, or 9 into surrounding districts could go six years between Council elections. The district that received the most voters, District 4, was just filled in a special election held under its old boundaries, meaning thousands of Jose "Chito" Vela's current constituents could not vote for/against him until 2024. "Since when does a government agency tell people who their Council representative will be as opposed to them having a right to choose their elected official?" Aleshire asked rhetorically in an interview. "It's a violation of the Texas Constitution's right to vote guarantee, which is considered to be a fundamental individual liberty."
As a remedy, Aleshire and his 12 named plaintiffs (all voters moved by the ICRC) want a court order declaring that Districts 2, 4, 6, 7, and 10 are "vacated" and should be on the Nov. 8 ballot. This keeps the 2015 division into staggered terms and can be done at no cost to the city, Aleshire has been told, since the mayor's race and perhaps other citywide propositions will be on the ballot. He's hoping Council will be cooperative but is prepared to file his suit directly with the Texas Supreme Court to ensure a resolution before the Aug. 22 filing deadline.
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