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Irving Could Appeal Election Ruling

Irving Mayor Herbert Gears
Irving Mayor Herbert Gears

By Bill Zeeble, KERA News

http://stream.publicbroadcasting.net/production/mp3/kera/local-kera-849714.mp3

Dallas, TX –

Since a judge ruled that Irving's single-member election system violates the Voting Rights Act, Irving could now appeal. But Irving Mayor Herbert Gears says officials aren't sure yet. KERA's Bill Zeeble has more.

The ruling prohibits future Irving city council elections under the current at-large method. That's where all 8 council members are elected city-wide, not from individual districts. Mayor Gears says the city will consult with attorneys next Wednesday before deciding whether to appeal. The judge wants a council election system that gives a stronger voice to minorities. Gears offered a few arguments for appeal. First, he doesn't think the city can be divided into 8 representative districts with at least one that's strongly Hispanic.

Gears: We also believe our current form of government serves our community well. Everyone is elected and accountable to every voter in the city of Irving.

But attorney Bill Brewer, who represents plaintiff Manual Benavidez, says his client disagrees, otherwise there would have been no suit. He said federal judge Jorge Solis disagreed too.

Brewer: Clearly any scheme that does other than empower Hispanics and other minorities to participate at full strength, is not going to work.

Gears also suggested an alternative to 8 single member districts and a mayor. A 5-3-1 system could feature 5 single member districts, 3 council members elected at large, along with the mayor. And the idea's being discussed. But even the mayor was skeptical.

Gears: Historically, the one at large position being mayor and all other council members being single member is where the federal courts prefer. Even those opposed to single member district system acknowledge that's in our future. It's unavoidable when you look at the history of other communities.

Gears also hinted that with the next census just a year away, it might be logical to consider the changing population numbers before dividing Irving into 8 single member districts. Brewer though has no patience waiting to correct a Voting Rights Act wrong. Anyway, he says the city made that argument already, along with some of the others, and lost.

Brewer: The notion that people s rights should be set aside for even one cycle is offensive to me. And I'm glad it was for his honor as well.

Mayor Gears said, under the circumstances, maybe now is the time to change Irving's election system. The judge is insisting on it. Gears guessed an appeal could take a year or two.

Email Bill Zeeble