Port Chester - Voting Rights Lawsuit

As noted in a prior posting, the Village of Port Chester (which is immediately adjacent to Rye Brook), is a continuing source of political and legal intrigue.

Besides the eminent domain case that may be reviewed by the Supreme Court, Port Chester is also embroiled in a Voting Rights case that may become a landmark.

On Dec 15, 2006, the United States Department of Justice sued the Village of Port Chester alleging that the Village's at-large system of elections for Trustees violates the Voting Rights Act of 1965 by depriving Hispanic voters equal opportunity to elect candidates of their choice.

Along with its complaint, the DOJ filed papers seeking to enjoin Port Chester's next election, which is scheduled to be held on Mar 20, 2007. An evidentiary hearing is scheduled to be held in federal court in White Plains on Feb 12th, and a decision is expected within a few weeks of the hearing.

The essence of the complaint is that while Hispanics constitute 46% of Port Chester's population and 22% of its citizen voting-age population -- and while Hispanics are geographically concentrated and vote cohesively -- they are unable to elect candidates they prefer, because under the at-large system the white majority votes as a racial bloc to defeat Hispanic candidates.

In addition, the DOJ alleges:

"This denial of equal electoral opportunity occurs in the context of a history of official discrimination against Hispanics, racially polarized voting, the use of voting mechanisms that enhance vote dilution, political party structures that are not equally open to Hispanics, inequality in education, employment, and health that hinders the ability of Hispanic communities to participate in the political process, racial appeals in certain political campaigns, and a broad inability of minorities to win elections in Port Chester."

(DOJ Memorandum of Law at 2.)

What are the specifics that the DOJ cites in support of these allegations? They include the following:

• An affidavit submitted by Nelson Rodriguez stating that when he ran for the Port Chester School board, an anonymous letter was circulated to more affluent parts of the community asking if residents "wanted their children to have to learn Spanish," and alleging that Hispanic voters were turned away at the polls having been told, incorrectly, that they were not registered to vote.
  
  
• An affidavit submitted by Cesar Ruiz stating that when he ran for Trustee in 2001, a friend told him that "the Democrats are telling me not to vote for you because you are Hispanic."
  
  
• Several affidavits allege that Hispanics have been systematically excluded from local political party executive positions, thereby excluding them from participating in the selection of candidates. (In Port Chester, candidates for office are selected by political party bosses rather than by primaries.)
  
  
• Evidence that Hispanics have been excluded from service on Port Chester's boards and commissions.

Port Chester has vowed to fight the Justice Department suit. The Village claims that voter "apathy and not discrimination" is responsible for the election outcomes.

With the Feb 12th hearing and Mar 20th elections fast approaching, it will be interesting to watch this important case unfold.