JCC Makes Clerical Error on Demographic Data

Wednesday, June 15, 2011

James City County data on minority populations in two districts that was filed with recent redistricting paperwork was incorrect, according to the county attorney.

Demographic information on minority populations in the Roberts District and the Stonehouse District were inadvertently switched by a staff member during the redistricting process. The incorrect data showed the Roberts District minority population at 21.7 percent with the new district lines, when the correct number is 27.3 percent. This data, which was sent to the Department of Justice (DOJ) for standard preclearance for the county’s recent redistricting plan, was also available to the public.

Four citizens sent a letter to the DOJ recently challenging the county’s redistricting plan because they argue that in order to protect incumbents, the plan dilutes minority voting strength by reducing the minority population in some districts. The drop in minority population in the Roberts District from 31 percent today to the incorrect 21.7 percent was one focus of the group’s argument (read the story about the letter here). The minority population reduction is not as high based on the correct 27.3 percent calculation.

The citizens say this error doesn’t affect the substance of their argument because the new minority population in Roberts is still below 30 percent, which is a target number for a minority influence district. Leo Rogers, the county attorney, says the county sent the proper data to the DOJ once the mistake was identified and he doesn’t expect it will delay the county receiving preclearance.

Mary Minor, one of the citizens who wrote the letter, says the group’s argument is still relevant. “The complaint filed with DOJ… will not be impacted by the correction. The complaints contend that the effect of protecting incumbents was to hold minority representative below the influence level in 3 districts when there were opportunities to have at least two influence districts or perhaps one majority minority district.

“It may be possible that District 5, Roberts, could reach influence levels with minor changes to the new boundaries.”

A map presented during redistricting - one that wasn’t chosen by the Board - did create a district with a minority population of over 35 percent.

According to David Jarman, a member of the citizen group who sent the letter and also a member of the former citizen redistricting committee, “This [error] reflects badly on the county administration, attorney, and the Board. Not only did the process lead inadvertently to a complaint, but it shows their analysis is faulty.”

Jarman questions why it took the county so long to identify the error, which was discovered by the county registrar last week. “The information coming out as late as it is, I find it to be unacceptable,” says Jarman. “There should be checks [by staff]. We trust the numbers. The error should have surfaced immediately.”

The mistake was unintentional, according to Rogers, and was corrected when recognized by Registrar A.J. Cole.

Rogers maintains that the error only further weakens the group’s argument. “A numbers-based argument isn’t a good argument in this instance and the inadvertent clerical mistake shows the numbers weren’t what they were led to believe.”

A numbers-based argument is valid, Rogers says, when diminishing a minority district where the minority population is 50 percent or greater. “But going from 31 percent to slightly less won’t matter if you have a valid reason for it.”

The county filed an amended preclearance and Rogers expects the DOJ to grant preclearance by mid-July. “Our submission is no better or worse due to this,” he says, “it’s just more accurate.”

The DOJ cannot force the county to redraw lines again unless the process was "clearly unconstitutional" or "violates the principle of 'one person, one vote'," according to Rogers. "Under the Voting Rights Act the DOJ can move for an injunction, but it would need to be an extraodinary circumstance." He is confident this will not occur.