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Federal court rules Kansas voting rights case can proceed
The election practices of Dodge City, Kansas — along with Ford County, which administers its elections — were previously the subject of a U.S. Department of Justice inquiry in 2011.
ANDREW J. NELSON / December 13, 2023
Voters line up outside Vickery Baptist Church Nov. 3, 2020, waiting to cast their ballots on Election Day in Dallas. (L.M. Otero/AP)
(CN) — Evidence presented in a citizen-led Kansas voting rights lawsuit is slim, but the case should nonetheless go forward, a federal judge ruled on Wednesday.
"Plaintiffs’ evidence is not slim enough for the court to conclude that, as a matter of law, no reasonable fact finder could infer defendants’ discriminatory intent," Chief United States District Judge Eric F. Melgren, a George W. Bush appointee, wrote in his decision.
Instead, Melgren ruled the case should go to trial. "In cases like this, intent is best evaluated by a fact finder at trial instead of on summary judgment."
A pair of residents in Dodge City, Kansas, first sued the city a year ago, alleging the current at-large election method used to elect city commissioners denies Dodge City's Latino residents an equal opportunity to participate in the municipal political process. Latinos represent 65% of the city's total population and 46% of its voting-age population, according to the suit.
"Despite the significant size of the Latine population in Dodge City and their extensive participation in the community, there are no Latine elected officials serving on the Commission," the complaint states — using a gender-neutral form of the word "Latino."
Dodge City uses a commission-manager form of government. The commission is comprised of five members, which serve either a two- or four-year term depending on how many votes they receive.
The city is not divided into districts. Instead, commissioners are elected via an at-large voting system. Each voter may vote for three candidates, and the three with the most votes are elected to the commission.
In Wednesday's ruling, Melgren did not go into extensive detail as to why he considered plaintiff's evidence a bit thin.
Still, he did mention some past inquires into Dodge City's voting system.
In 2011, the U.S. Department of Justice contacted Ford County, where Dodge City is located, for information regarding Dodge City’s elections. The department closed the matter "without any indication that either Ford County or Dodge City had engaged in any wrongdoing," according to Melgren's ruling. The commission has looked at changing to a system where some members would be elected by district.
This latest lawsuit, filed last year, names as defendants the city's mayor, vice mayor, and three members of the city commission. Plaintiffs moved for summary judgement in September.
The city and the named officials are represented by the Foulston Siefkin firm of Overland Park, Kansas. Their attorneys were not immediately able to comment on the ruling.
Melgren's ruling on Wednesday was not exactly a win for the citizens who filed suit. Nonetheless, their attorneys reacted positively to news that the case could proceed to trial.
"We are gratified the court has seen the significance of Dodge City’s maintenance of this unlawful scheme," Sharon Brett, an attorney with the ACLU of Kansas, said in an emailed statement. "Our clients will have a chance to have their voices heard in court — an opportunity they have not had as voters."
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Categories / CIVIL RIGHTS, GOVERNMENT, POLITICS
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