stating that it is “uniformly recognized” that voter turnout is highest when there is a presidential election on the ballot
How later courts described this case
- stating that it is “uniformly recognized” that voter turnout is highest when there is a presidential election on the ballot
- non-African-Americans in Jackson County, St. Louis County, and the City of St. Louis found not to have voted as a block in various elections between 1979 and 1991 to defeat minority-preferred candidates
Written by the judges who cited it.
The opinion
GAITAN, District Judge,
concurring.
I agree with the majority opinion which artfully addresses the issues faced by this three judge panel. Additionally, I concur with Judge Sachs in numbered paragraph one of his concurring opinion. I will not restate the content of either here. However, I feel compelled to state the obvious. The evidence here fully acknowledges that African American voting patterns are polarized. This opinion should not leave the impression that the white American vote is considered to be less polarized. That might be improperly inferred by what appears to be a cushion of comfort which has resulted in the lowering of supermajority restrictions proposed by both the majority and concurring opinion. The historical data supports the results reached in these cases. Voting districts in both St. Louis City and Jackson County with less than 60% African American voting age population have been able to elect the candidates of their choice during the years reviewed in these cases. We know that was not always the case. However, we hope that it will continue to be the case.
*1509 The majority opinion points out the elections of Congressman Wheat and Mayor Cleaver to show how far we have come. The initial election in the fifth congressional district of Congressman Alan Wheat in 1982 and of Emanuel Cleaver II as mayor of Kansas City, Missouri in 1991, prove merely that a plurality of voters were able to overcome the racially polarized voters. Had the white voters not been divided among two or more candidates, their polarized voting could have defeated the minority candidate. Had there only been two candidates in each of these elections, one white and one African American, neither public official would likely be serving today. Congressman Wheat has been reelected four consecutive terms. He was given an opportunity to show his constituents he could represent their interest, race notwithstanding. Mayor Cleaver has a four year term. While he runs in a nonpartisan election, historically the Kansas City, Missouri mayoral election has been very partisan.
What does this mean? That the voters of Jackson County and Kansas City, Missouri while voting in a racially polarized manner are at least willing to consider a candidate who survives the primary and serves their interest regardless of race. However, it has not been so long ago that racial attitudes were different. 1 We should be mindful of that when we begin lowering restrictions on such valuable rights as these. I believe this opinion has unique application to these facts.
. The Bruce Watkins defeat is a reminder that surviving a primary does not guarantee victory. Mr. Watkins was a Democrat in a heavily Democratic city, but was African American and soundly defeated. White voters voted race and not party affiliation.