Case Summary

Issue:

Whether the federal Voting Rights Act requires the creation of voting districts for the election of county commissioners so as to ensure that members of certain specific races will be elected?

Plaintiff:

United States of America

Defendant:

Alamosa County, Colorado, its Commissioners, and Clerk and Recorder

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Status

Court

U.S. District Court for the District of Colorado (No. 01cv2275)

Case History

Alamosa County, Colorado is a rural, sparsely populated county in south central Colorado, approximately 160 miles south, south west of Denver. In keeping with state law, Alamosa County elects its Commissioners at large.

The U.S. Department of Justice, specifically the Civil Rights Division, charged that Alamosa County had violated the Voting Rights Act because Hispanic Americans who live in the County have rarely been able to elect Hispanic Americans as Commissioner. The Justice Department, without producing any proof of racially polarized voting patterns, demanded that Alamosa County create special voting districts to ensure the election of Hispanic Americans.

When Alamosa County demanded that the Justice Department demonstrate the truth of its allegations, the Justice Department refused and, instead, on November 27, 2001, issued a press release announcing that it had filed a lawsuit against Alamosa County, to which Alamosa County filed its answer on January 18, 2002.

On February 13, 2002, MSLF entered its appearance as attorney on behalf of Alamosa County. Alamosa County filed a motion for summary judgment on January 16, 2003, to which the United States responded, to which Alamosa County replied. On May 16, 2003, a seven-day trial concluded in Denver, followed by the filing of post-trial briefs on June 20. 

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