muon2
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« on: January 18, 2019, 04:38:13 PM » |
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The standard in court is whether a district is likely to elect the candidate of choice of the minority. If a state allowed 17 year olds to vote, then those would show up in election returns use to analyze the electability of the candidate of the minority's choice. If the district is over 50% xCVAP there is a presumption that the district would comply, but districts have survived challenges with less than 50% xCVAP by showing that coalitions with other minorities or white crossovers would usually result in success for the principal minority group (x).
There's a separate question as to whether a VRA district must be drawn. In that case the Gingles factors are used, one of which requires that a compact area with over 50% xCVAP exists. In that case other minorities or crossovers are not used to determine if a VRA district must be drawn. Also, if a district must be drawn in an area with over 50% xCVAP, the district can be less than 50% xCVAP as long as it remains likely to elect the candidate of choice of the principal minority.
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