Bickerstaff Heath Delgado Acosta attorneys have guided local government entities through the complexities of the election process. We have extensive experience in interpreting and working with state election laws and election procedures for different types of political subdivisions. We assist clients in developing and adhering to election schedules and deadlines. Our attorneys are available to assist local government entities with their elections, including: ordering ballots, translating elections materials into Spanish, coordinating joint elections, verifying signatures on a petition, training election staff, obtaining polling places, supervising recounts, and handling protests.
Our firm has assisted in preparing Voting Rights Act section 5 preclearance submissions to the Department of Justice for general and special elections. We advise governmental entities on holding local option elections. We help analyze the need for bond elections, as well as organizing and coordinating them. Additionally, we represent candidates and local governments in election contests, suits to enjoin elections, and voting rights litigation. Our Election Services team includes six experienced attorneys and the former Deputy City Clerk for the City of Austin.
We provide the following election services:
- drafting election orders, canvasses and notices
- establishing and mapping election precincts
- identifying and securing polling locations
- determining ballot styles
- obtaining DOJ preclearance
- recruiting and training election officials,
- advising on election and campaign ethics requirements
- advising on public forum speech issues
MATTER EXAMPLE: Between 1996 and 2009, we assisted Austin Independent School District on the election aspects of three successful bond elections in which voters have authorized over $900,000,000 million for school projects.
MATTER EXAMPLE: Austin Community College, Austin Independent School District, and the Barton Springs Edwards Aquifer Conservation District recently held a joint election assisted by the firm's Elections Services team. Our services included negotiating and contracting for joint elections and elections services agreements under the Texas Election Code. Previously, our Election Services team arranged as many as 11 participating political subdivisions, which required conforming the goals and special circumstances of each entity to the various election laws governing each of the entities. The firm handles every aspect of organizing and conducting Texas elections.
MATTER EXAMPLE: We successfully defended a state representative candidate in a hotly contested race in the 2008 Republican Primary. We were able to systematically show that the allegations of illegal votes and errors in the count were unfounded, and the contestant dismissed the case before it went to trial.
MATTER EXAMPLE: In a 2007 case, with extremely compressed deadlines and filings in the district court, court of appeals, and Supreme Court, we successfully defended a city in the State of Texas against efforts to require a preposition in the ballot with language different than what was approved by the city council.
MATTER EXAMPLE: We successfully defended the City of Amarillo against a contest challenging the wording of a ballot proposition. The district court granted out motion to dismiss the case, and its judgment was upheld by the court of appeals.
MATTER EXAMPLE: In 2004, we successfully defended a primary election contest in U.S. Congressional District 28, which extends from the Mexican border in Zapata County to the Travis County line in Central Texas. The contest included a court-supervised recount and allegations of tampered ballots. We were able to have many of the counts dismissed before trial. Our client ultimately prevailed both in district court and in an en banc state court of appeals. Rodriguez v. Cuellar, 143 SW 3d 251 (Tex. App. - San Antonio 2004, pet. dism'd w.o.j.)(en banc).
MATTER EXAMPLE: We successfully represented the winning candidate in a 2002 election for state district judge in Shackleford and Jones Counties in an original proceeding before the Texas Supreme Court. The challenger had alleged that the winner was ineligible to hold office because of his age and years of law practice. The Secretary of State dismissed the initial administrative challenge, and the Supreme Court dismissed the challenger's proceeding.
MATTER EXAMPLE: We successfully defended the City of Houston in a mandamus action brought by voters complaining of the City's failure to place a referendum item on the ballot. The court found that the petition was filed too late and that the petitioners' actions had prevented the City Secretary and other officials from verifying signatures and completing other prerequisites to placing the measure on the ballot.
Guiding Texas governments through the political and legal minefields of redistricting has been a significant specialty of our attorneys for three decades. During the 2000 redistricting cycle, the firm represented the Attorney General of the State of Texas and approximately 98 Texas local government entities, including 44 counties, 23 municipalities, 22 school districts, three community colleges, and six special districts. Whether the entity needed an evaluation of redistricting requirements, a complete remapping of its districts, consolidation of districts or creation of additional districts, conversion from at-large to single-member voting systems, or counseling on litigation avoidance, our depth of experience in this practice area helps make the process both successful and as smooth as possible for our clients.
In our redistricting representation, we use the latest technology and software, so we can directly assist entities in drawing new districts. We have full-time GIS (geographic information system) staff to assist in the redistricting process, including in-house production and printing of maps. We prepare submissions to the U.S. Department of Justice to obtain Voting Rights Act section 5 preclearance and respond to DOJ's questions during that process. We work with officials, staff, and members of the public to ensure that redistricting obligations are met and public participation is enhanced.
MATTER EXAMPLE: Bob Heath served as outside counsel to the Attorney General of the State of Texas, advising him and the Legislative Redistricting Board regarding the State's legislative and congressional redistricting following the 2000 census. Mr. Heath also played an active role before the Department of Justice and in the litigation which followed, advising the Attorney General of the State of Texas.
MATTER EXAMPLE: Syd Falk successfully obtained preclearance in several cases despite DOJ's concerns about "retrogression" issues under the Voting Rights Act section 5. Mr. Falk assisted Dallas County in its Commissioners Court redistricting and redrawing Justice Precincts, while eliminating three of the eight existing justice precincts. (Justice Precincts are elected constables and justices of the peace). He also assisted Brazos and Bexar Counties with Commissioner Court and Justice Precinct redistricting, which included elimination of one or more Justice Precincts. In all of these, DOJ was concerned with retrogression issues regarding the elimination of districts. The retrogression issues under section 5 were complex and political, but were successfully concluded and each new plan was precleared.
MATTER EXAMPLE: Several smaller cities and school districts needed special redistricting services after experiencing explosive growth in areas of their jurisdiction. Our in-house redistricting technicians produced numerous versions of possible new district configurations to address geographical and political concerns.
We have successfully defended numerous governmental entities in litigation under the Voting Rights Act, the Fourteenth and Fifteenth Amendments, and the Supreme Court's Shaw v. Reno standards, including claims of racial and ethnic discrimination, "one person-one vote" violations, and "reverse discrimination."
MATTER EXAMPLE: In 2001, Dallas County's elimination of several justice precincts was challenged on numerous grounds, including failure to preclear under Voting Rights Act section 5, and several discrimination and vote dilution claims under Voting Rights Act section 2 and the Fourteenth and Fifteenth Amendments. Syd Falk obtained dismissal of all counts in the suit. Steele v. Jackson, No. 3-01-CV-1771-H (N.D.Tex. 2002).
MATTER EXAMPLE: In front of a three-judge district court, Bob Heath and Syd Falk successfully defended the timing of Bexar County's implementation of its new justice precincts plan and the candidate selection process of the Democratic Party of Bexar County against Voting Rights Act section 5 challenges. The U.S. Supreme Court affirmed the lower court's decision. In that same case, we successfully defended the county against a Voting Rights Act section 2 complaints and a "supplemental jurisdiction" state constitutional claim, challenging the County's elimination of a justice (constable and JP) precinct during the 2001 redistricting. The County prevailed on both claims. Rodriguez v. Bexar County, 385 F.3d 853 (5th Cir. 2004).
MATTER EXAMPLE: Bob Heath served as outside counsel to the Attorney General of Texas in the litigation that followed the State's 2001 legislative and congressional redistricting and over 20 lawsuits were filed. The state court cases were tried together in the Del Rio case, and the federal lawsuits were tried together in the Balderas case. Balderas, et al. v. State of Texas, et al., No. 6:01CV158 (E.D. Tex., Tyler Div'n); Del Rio, et al. v. Rick Perry, at al., No. GN-00365 (353rd D. Ct., Travis County, Texas).
MATTER EXAMPLE: In 1996-1998, Bob Heath, Syd Falk, and other members of the elections services team successfully defended the City of Houston against a Shaw v. Reno-type "reverse discrimination" claim challenging the City's districting plan. Chen v. City of Houston, 206 F.3d 502 (5th Cir. 2000).
MATTER EXAMPLE: We successfully defended the City of Houston against efforts to enjoin its municipal elections in 1985. In 1991, we represented the City as plaintiff and obtained a federal court order that permitted the city election to go forward after the Department of Justice objected to the City's council district boundaries after the end of the candidate filing period. Campos v. City of Houston, 776 F. Supp. 304 (S.D. Tex. 1991); 112 S.Ct. 354 (1991) (Scalia, J., in chambers) (denying injunction and stay); United States v. City of Houston, 800 F.Supp 504 (S.D. Tex. 1992)(three-judge court); LeRoy v. City of Houston, No. H-78-2174 (S.D. Tex. 1985).
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Attorneys who practice Redistricting
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2009 Supreme Court Voting Rights Cases