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[1. WELCOME AND INTRODUCTION]
LIKE TO BEGIN THE MEETING.UM, THERE ISN'T A FLAG HERE, SO WE CAN'T DO THE PLEDGE.
YES, I CAN HAVE MY PHONE READY.
WOULD YOU ALL RISE FOR THE PLEDGE OF ALLEGIANCE PLEASE? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
THANK YOU ALL FOR COMING THIS EVENING.
USC HAS BEEN VERY KIND IN ALLOWING US TO USE THIS VENUE FREE OF CHARGE.
UM, CAN YOU PUT THE MAP UP? OKAY.
SO WELCOME LINES ON A MAP MAY NOT SEEM LIKE THE MOST EXCITING THING, BUT THEY'RE SO IMPORTANT TO OUR NATION'S DEMOCRACY.
EVERY 10 YEARS, THE FEDERAL GOVERNMENT CONDUCTS A CENSUS TO COLLECT POPULATIONS, TO ASSIST IN FAIRLY ADMINISTRATING NUMEROUS POLICIES AND FEDERAL AID TO STATE AND LOCAL GOVERNMENTS.
WE ALSO USE THE DATA TO ENSURE THAT THE AMERICAN PEOPLE ARE BEING REPRESENTED FAIRLY FROM WASHINGTON TO COLUMBIA, TO BUFORD.
TONIGHT, WE KICK OFF TO REDRAW THE BUFORD COUNTY COUNCIL DISTRICT MAP.
OUR GUEST SPEAKERS ARE MR. FRANK RAINWATER AND WHO IS THE EXECUTIVE DIRECTOR AND MR. VICTOR FRONT THROAT FRON.
BOTH FROM THE SOUTH CAROLINA REVENUE AND DISTRICT AFFAIRS OFFICE, THOUGH, THEY'RE GOING TO PRESENT THE 2020 DATA OVERLAY ON THE COUNTY COUNCIL MAP.
THIS WILL SHOW THE POPULATION SHIFTS AND WHAT YOUR COUNCIL WILL NEED TO DO TO ADDRESS THE REDISTRICTING PROCESS.
THEN THEY WILL ALSO GO OVER THE RULES AND FACTORS THAT WILL NEED TO BE FOUGHT FOLLOWED.
NOW, MR. RAINWATER WAS APPOINTED THE EXECUTIVE DIRECTOR OF THE REVENUE AND FISCAL AFFAIRS OFFICE BEGINNING WITH THE AGENCY'S INCEPTION ON JULY 1ST, 2014.
HIS CAREER COVERS A DIVERSE FIELD OF ECONOMIC AND LEGAL EXPERIENCE PRIOR TO HIS APPOINTMENT.
FRANK SERVED AS THE CHIEF ECONOMIC ECONOMICS AND GENERAL COUNSEL TO THE SOUTH CAROLINA BUDGET AND CONTROL BOARD WHERE HE PROVIDED ECONOMIC AND REVENUE FORECAST, FISCAL ANALYSIS OF FISCAL ANALYSIS OF TAX LAW CHANGES AND LEGAL ADVICE TO PROGRAMS. HE'S A NATIVE OF COLUMBIA, SOUTH CAROLINA, GRADUATE OF LOWER RIDGELAND HIGH SCHOOL RECEIVED HIS BACHELOR OF ARTS IN POLITICAL SCIENCE FROM CLEMSON MASTER OF ARTS AND ECONOMICS FROM THE UNIVERSITY OF SOUTH KOREA OF SOUTH CAROLINA AND HIS JURIS DOCTORATE FROM THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW AND VICTOR AS SERVES AS THE ASSISTANT CARTOGRAPHER FOR THE SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS WITH A FOCUS ON PRECINCT, DEMOGRAPHICS, AND LOCAL REDISTRICTING.
HE GRADUATED FROM THE UNIVERSITY OF SOUTH CAROLINA WITH A BACHELOR OF SCIENCE IN GEOGRAPHY IN 2017.
HE'S WORTH IT WORKED AT THE SOUTH CAROLINA REVENUE IN FISCAL AFFAIRS SINCE GRADUATION AND AS FOCUSED ON COORDINATION WITH THE CENSUS BUREAU ON MAPPING UPDATE PROJECTS, LEADING UP TO THE CENSUS IN 2020, HE'S ALSO IN BALL, BEEN INVOLVED IN MULTIPLE PRECINCT UPDATES AND WILL BE ASSISTING WITH THE LOCAL REDISTRICTING PROCESS IN 2021.
[2. 2020 REDISTRICTING BENCHMARK REPORT FOR BEAUFORT COUNTY PRESENTED BY THE SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE ]
FURTHER ADO, I WOULD LIKE TO TURN IT OVER TO MR. RAINWATER.IT'S A PLEASURE TO BE HERE TONIGHT ON BEHALF OF THE OFFICE OF REVENUE AND FISCAL AFFAIRS, UM, MEMBERS OF COUNCIL, UH, APPRECIATE, WE APPRECIATE THE OPPORTUNITY TO COME AND PARTICIPATE AND HELP YOU START WITH THIS PROGRAM HERE OF JUST FOR SOME BACKGROUND INFORMATION, BUFORD COUNTY AS A PROXY IS, UH, ONE OF APPROXIMATELY 30 COUNTIES THAT WE ARE ASSISTING IN SOME DEGREE OR OTHER WITH REDISTRICTING.
UH, WE'RE ALSO HELPING ABOUT A DOZEN OR SO MUNICIPALITIES AND A FEW OTHER, UH, ENTITIES IN SOUTH CAROLINA AT THIS POINT.
JUST A LITTLE BIT MORE AS BACKGROUND OUR OFFICE, UH, IS, IS THE STATE DATA CENTER FOR THE CENSUS.
UM, WE HAVE BEEN APPOINTED IN DESIGNATED THAT ROLE FOR A NUMBER OF YEARS WITH THE OFFICIAL REPOSITORY IN CONDUIT FOR CENSUS INFORMATION IN THE STATE.
SO THAT THAT'S ONE OF THE REASONS WE'RE DOING THIS.
ANOTHER REASON WE DO THIS IS IN VICTOR'S AREA, ESPECIALLY, UM, WE ARE ALSO
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THE, UH, WE ALSO MAINTAIN THE OFFICIAL PRECINCT MAPS FOR THE GENERAL ASSEMBLY.SO WE WORK HAND IN HAND WITH THE GENERAL ASSEMBLY WHEN THEY REDEFINED PRECINCTS OR JUST PRECINCTS HERE AT THE NEW YORK COUNTY AND OTHER COUNTIES THROUGHOUT THE STATE, WE MAINTAIN THOSE OFFICIAL MAPS.
UM, AND THEN BESIDES VICTOR NOW WE'VE GOT ABOUT, UH, OTHER STATISTICIANS AND OTHER PROFESSIONALS IN OUR OFFICE.
VICTOR, NOT JUST A PRETTY FACE AS YOU GET TO SEE HERE TONIGHT, WHERE THERE'S REALLY A TEAM OF INDIVIDUALS BACK IN OUR OFFICE TO HELP CREATE THESE REPORTS.
SO WE'RE HAPPY TO WORK WITH YOU TONIGHT.
MY GOAL TONIGHT IS REALLY LIKE THE PREGAME ANNOUNCED OR HAVE ANY BALL GAME.
UH, I'M TRYING TO GIVE YOU A LITTLE BIT OF HYPE, A LITTLE BIT OF FACTS ABOUT WHAT THE RULES AND REQUIREMENTS ARE, UM, KIND OF BRING YOU UP TO DATE WITH THE STATUS AND PERFORMANCE AND INJURY REPORT.
SO ONCE YOU GOT GOING ON IN YOUR LINEUP, UM, AND WE'RE GOING TO WALK THROUGH SOME OF THAT AND I'M GOING TO HIGHLIGHT THE KEY THICK FI FEATURES.
AND IF IT'S OKAY WITH THE CHAIRMAN, THEN I WILL OPEN IT UP.
I'LL BE, I'LL BE HAPPY TO ANSWER ANY QUESTIONS EITHER DURING OR AFTERWARDS.
AND ESPECIALLY IF I SPEAK IN KEY CONFUSE, YOU DON'T HESITATE TO, TO TRY TO CLARIFY ME.
CAUSE SOME OF THESE CONCEPTS, UM, ARE EASILY, UH, MISCONSTRUED OR, OR MISUNDERSTOOD.
AND I WANT TO MAKE SURE PEOPLE UNDERSTAND THAT.
SO THERE'S A COMMON FRAMEWORK HERE.
SO I WOULD LIKE TO CONGRATULATE BUFORD COUNTY FOR, FOR HAVING SUCH A PUBLIC HEARING TO GET STARTED WITH AND, AND TAKING THEIR PROCESS HERE BECAUSE IT DOES, THIS IS, AS YOUR CHAIRMAN SAID, A VERY IMPORTANT PROCESS, THE BASICS OF THE DEMOCRACY AND IT REQUIRES LOCAL INPUT.
AND I'LL TALK ABOUT THAT A LITTLE BIT MORE IN A MINUTE.
SO THIS REPORT AND I BELIEVE IT'S AVAILABLE ONLINE.
UM, AND IF NOT, I KNOW IT WILL BE SHORTLY, BUT I WANT TO HIGHLIGHT SOME OF THE PAGES HERE IN, IN THE INFORMATION WE'RE SEEKING TO PROVIDE AN IMPART IN, IN KNOWLEDGE TO IMPART UPON YOUR, UH, PUT THOSE WITH US AND THE ONES FUELING.
UM, SO TO START WITH ON PAGE TWO, I'M GOING TO HIGHLIGHT, OR KIND OF BRIEFLY COVERED THE MAIN TOPICS HERE.
AND I'M GONNA GO BACK ONE BY ONE, UH, IN MY PRESENTATION AND TALK ABOUT THESE A BIT FURTHER, BUT THE WHOLE PURPOSE OR THE PRIMARY DRIVER OF REDISTRICTING IS TO HAVE ONE, IS TO MAINTAIN ONE PERSON, ONE VOTE.
AND I'LL EXPLAIN THAT IN A MINUTE, BUT THE ONE PERSON, ONE VOTE CONCEPT COMES FROM THE 14TH AMENDMENT UNDER OUR EQUAL PROTECTION CLAUSE.
AND WHAT YOU WANT TO ACHIEVE HERE IS TO MAKE SURE THAT YOUR ELECTION DISTRICTS REPRESENT ABOUT THE SAME NUMBER OF PEOPLE.
SO WHEN WE TALK ABOUT ONE PERSON, ONE VOTE, WE'RE TALKING ABOUT EVERYBODY'S VOICE BEING, BEING EQUAL IN STRENGTH WHEN IT TALKS IN TERMS OF GETTING ELECTED OR HAVING AN IMPACT ON THE ELECTION PROCESS.
I SHOULD CLARIFY BEFORE WE GET STARTED.
CAUSE I HAD A QUESTION THE OTHER NIGHT, WHEN WE'RE TALKING ABOUT DISTRICT LINES, THIS DOESN'T AFFECT OTHER THINGS.
IT'S JUST HOW YOU ELECT YOUR COUNTY COUNCIL MEMBERS.
BUT WHEN WE TALK ABOUT ONE PERSON, ONE VOTE, LET'S SAY IN A SIMPLE EXAMPLE HERE, UH, LET'S SAY YOU HAVE ONE DISTRICT THAT HAS A HUNDRED PEOPLE AND THE ADJOINING DISTRICT HAS 200 PEOPLE.
WELL IT TAKES MORE WORK AND MORE EFFORT TO GET 200, TO HAVE TO TALK TO 200 PEOPLE THAN IT DOES 100 PEOPLE.
AND IF, UH, 51 PEOPLE IS A MAJORITY IN THAT 100 DISTRICT, IF THEY CAN ELECT SOMEBODY, THEY HAVE A GREATER SHARE.
THOSE 51, PEOPLE HAVE A GREATER SHARE THAN THE 200 DISTRICT WHERE IT TAKES OVER A HUNDRED PEOPLE THEN TO ELECT SOMEBODY.
SO THE WHOLE PURPOSE OF ONE PERSON ONE VOTE IS TO EQUALIZE THOSE DISTRICTS.
IN THIS CASE, THERE'D BE 150 PEOPLE IN THOSE DISTRICTS TO EQUALIZE THAT.
SO 150 VOICES WEIGH THE SAME AS 150 VOICES IN THE NEXT DISTRICT.
THAT'S THE BASIC CONCEPT THAT WE'RE WORKING WITH HERE.
IT DOESN'T HAVE TO BE EXACTLY PRECISE AND GETTING TO THAT 150 PERSON, UH, EXAMPLE THERE, BUT I'LL TALK ABOUT SOME OF THAT.
THE SECOND THING THAT IS A CONSTITUTIONAL REQUIREMENT THAT HAS BEEN IMPOSED UPON US BY OUR US SUPREME COURT IS A CONSTITUTIONAL PRINCIPLE.
THE SECOND THING THAT YOU HAVE TO DO DURING REDISTRICTING IS RESPECT THE VOTING RIGHTS ACT.
AND THAT'S ONE OF THE ITEMS THAT'S HAD THE BIGGEST CHANGES IN THE LAST DECADE AND THE PROCESS THAT YOU'RE GOING THROUGH.
UH, WE'RE EMPHASIZING A LITTLE BIT MORE NOW BECAUSE OF SOME OF THESE COURT DECISIONS, BUT THE VOTING RIGHTS ACT REQUIRES YOU TO TAKE NOTICE OF THE MINORITIES IN YOUR DISTRICT, IN THEIR VOTING RIGHTS AND THEIR ABILITY OR THEIR OPPORTUNITY TO ELECT THE CANDIDATE OF THEIR CHOICE.
UH, IN RECENT SUPREME COURT DECISIONS, THEY HAVE OUTLINED THE THREE OUTLINED THE THREE-PRONG TEST IT'S CALLED THE JINGLES TEST THAT YOU HAVE TO GO THROUGH TO MAKE SURE THAT YOU'RE REPRESENTING, OR YOU ARE ACCOUNTING FOR THAT MINORITY REPRESENTATION.
THE FIRST TEST OF THAT, OR THIS FIRST REQUIREMENT THAT IS, IS TO LOCATE THE MINORITIES.
AND ARE THEY COMPACT ENOUGH IF YOU LET'S SAY YOUR COUNTY IS A, LET'S JUST SAY, THROW OUT.
I DON'T KNOW THE NUMBER OFF THE TOP OF MY HEAD, BUT LET'S SAY YOUR COUNTY HAS ONE FOURTH MINORITY.
IF WE LIVED IN A PERFECT WORLD AND EVERY FOURTH HOUSE WAS AMONG A MINORITY HOUSEHOLD,
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THERE'S NO WAY YOU COULD DRAW A MINORITY DISTRICT BECAUSE THEY WOULDN'T BE COMPACT ENOUGH.UH, THEY WOULD NOT BE, UH, THEY, THEY WOULD BE SO SPREAD OUT, BUT THAT'S NOT THE CASE.
THAT'S NOT SITUATION WE LIVE IN.
SO YOU HAVE TO LOOK AT IT WHERE THOSE MINORITY COMMUNITIES AND WHERE THOSE COMMUNITIES ARE.
THE SECOND THING YOU HAVE TO LOOK FOR IS, UM, THE, UH, DO THEY VOTE AS A WHOLE? AND THAT REQUIRES FURTHER ANALYSIS, THE ACQUIRE SOME, UH, VOTING ANALYSIS.
AND THEN ALSO WITH THAT, WE ALSO DO A VOTING ANALYSE IF THERE'S RACIALLY POLARIZED VOTING.
SO THERE'S A DIVISION THERE, BUT WE'LL, WE'LL HIGHLIGHT AND GO THROUGH AN EXAMPLE THERE.
SO TO BEGIN WITH YOU GOT, GOT THESE COMPETING CHALLENGES, UM, WITH THE FIRST AMENDMENT, EXCUSE ME, WITH THE 14TH AMENDMENT, YOU HAVE TO EQUALIZE THE POPULATION.
AND WITH THAT, THE SUPREME COURT HAS SAID, YOU CANNOT USE RACE AS A PRIMARY FACTOR.
SO YOU'VE GOT TO GOTTA BE RACE NEUTRAL WHEN YOU LOOK AT THE 14TH AMENDMENT, BUT THEN YOU GOT THE VOTING RIGHTS ACT WHERE YOU HAVE TO LOOK AT RACE.
SO IT BEGINS THIS BALANCING TEST.
YOU HAVE TO LOOK AND CONSIDER ALL THESE FACTORS.
UM, THE OTHER THINGS, UH, BEYOND THE CONSTITUTIONAL INS, FEDERAL STATUTORY PROVISIONS OR SOMETHING CALLED TRADITIONAL REDISTRICTING PRINCIPLES.
AND THESE ARE A SET OF TRADITIONAL PRINCIPLES THAT THE COURT RECOGNIZES AND THINGS THAT YOU HAVE TO FOLLOW THROUGH.
THE FIRST ONE BEING IS YOU HAVE TO MAKE SURE YOUR WARDS ARE CONTIGUOUS.
ALL OF YOUR COUNCILS ARE ALL OF YOUR DISTRICT.
UH, EACH DISTRICT HAS TO BE CONTIGUOUS TO EVERY OTHER PART OF THAT DISTRICT.
NOW YOU GOT A LOT OF WATER AROUND HERE, SO YOU CAN, YOU CAN USE IT IN, IN THIS EXAMPLE UNDER CONTIGUOUSNESS, UH, YOU CAN PRETEND THE WATER IS NOT THERE.
AND IF, IF THOSE D PART OF THAT DISTRICT WOULD TOUCH WITHOUT THE WATER, OR IF YOU JUST KIND OF ASSUME THAT WATER IS VERY MINIMAL, THAT IS CONTIGUOUSNESS THIS, BUT YOU HAVE TO MAKE SURE ALL YOUR DISTRICTS ARE CONTIGUOUS.
UM, ANOTHER, UH, ISSUE IS THAT YOU HAVE TO TRY TO AVOID SPLITTING PRECINCTS.
NOW THAT'S NOT ALWAYS POSSIBLE.
UH, YOU'RE GOING TO HAVE TO SPLIT SOME PRECINCTS BECAUSE YOU'RE TRYING TO GET ONE PERSON.
ONE VOTE PRECINCTS ARE NOT OF EQUAL SIZE.
UH, THEY HAVE DIFFERENT POPULATIONS AND DEPENDS ON WHERE THEY'RE LOCATED, BUT YOU TRY TO AVOID SPLITTING PRECINCT TO MAKE IT EASIER ON THE VOTERS.
UH, IF YOU GO TO A POLLING PLACE IT'S VERY DIFFICULT AND CONVOLUTED.
IF, UH, THEY COME IN TO VOTE FOR ONE PERSON FOR MAYBE, UM, YOU KNOW, GOVERNOR OR YOUR HOUSE OR SENATE, BUT THEN DEPENDING ON THEIR ADDRESS, THEY GOT THE THREE DIFFERENT BALLOTS, DEPENDING ON WHICH DISTRICT THEY'RE IN.
SO WE TRY TO AVOID THAT, OR YOUR PLAN SHOULD TRY TO AVOID THAT.
UM, YOU HAVE TO MAKE SURE THAT THE DISTRICTS ARE YOU LIKE TO MAKE SURE IT DID DISTRICTS ARE JERK GEOGRAPHICALLY COMPACT.
UH, YOU DON'T WANT THEM RUNNING TOO MUCH IN A, IN AN ODD SHAPE OR THROUGHOUT THE COUNTY.
YOU'RE TRYING TO KEEP IT COMPACT.
SO IT'S EASILY TO MANAGE AND YOU GET YOU GET THAT, THAT SENSE OF COHESION THERE.
UM, THE MOST IMPORTANT THING THAT YOU HAVE TO DO, UM, IS TO LOOK AT COMMUNITIES OF INTEREST AND YOUR CORE DISTRICTS.
NOW, THE EVERYTHING ELSE I TALKED ABOUT HERE WAS EQUAL PROTECTION AND THE VOTING RIGHTS ACT AND COMPACTNESS AND CONTIGUOUSNESS, THAT IS SOMETHING WE CAN DO IN COLUMBIA.
UH, VICTOR CAN SIT BEHIND HIS DESK OR OUR STAFF CAN SIT BEHIND THEIR DESK AND WE CAN COUNT THE POPULATION AND WE CAN, WE CAN BALANCE IT OUT TO SEE WHICH DISTRICTS HAVE TO GIVE UP POPULATION, WHICH DISTRICT HAVE TO GAIN.
WE CAN LOOK AT THE, UH, MINORITY POPULATIONS AND WE CAN KIND OF WORK TO BALANCE THAT OUT.
WE CAN MAKE SURE THEY'RE COMPACT, BUT THAT'S NOT THE ONLY, ONLY CRITERIA.
IT INVOLVES VERY MUCH THAT LOCAL INTEREST OR THAT INPUT AT THE LOCAL LEVEL IS SOMETHING WE DON'T SEE IN COLUMBIA, SOMETHING WE'RE NOT FAMILIAR WITH.
SO IT'S VERY IMPORTANT TO HAVE PUBLIC HEARINGS LIKE THIS AND HAVE YOUR COUNCIL DISCUSS THIS.
WHAT ARE YOUR COMMUNITIES OF INTEREST AND WHAT IS THE CORE? THOSE ARE CERTAINLY ACCEPTABLE PRINCIPLES, DOUBLE ACCEPTABLE, BUT THEY'RE REQUIRED FOR YOU TO TAKE INTO ANALYSIS.
NOW, WHAT PEOPLE I ALWAYS HAVE TO TELL PEOPLE TO UNDERSTAND IS THAT YOU CAN'T HAVE TOO MANY COMMUNITIES OF INTEREST THAT OTHERWISE IT'D BE IMPOSSIBLE.
YOU'RE GOING TO DRAW A LINE SOMEWHERE AND IN WHATEVER YOU DO, YOU'RE GOING TO SPLIT SOMEBODY'S COMMUNITY OR SOME PARTICULAR GROUP, BUT A COMMUNITY OF INTEREST IS SPORTS.
YOU ALL HAVE TO DEFINE WHAT DOES, EXCUSE ME, DEFINE, DEFINE WHAT'S IMPORTANT IN EACH AREA.
YOU KNOW, WHAT IS THAT CORE DISTRICT? SO ESPECIALLY IN THOSE DISTRICTS THAT HAVE TO GIVE UP POPULATION AGAIN, WE CAN LOOK AT A MAP AND WE CAN TAKE OFF SOME OFF THE TOP OR THE BOTTOM OR THE LEFT OR THE RIGHT, BUT IT'S, IT'S JUST AS IMPORTANT TO MAKE SURE THAT YOU DEFINE WHAT IS THAT CORE AREA? WHAT DOES THAT COMMUNITY OF INTEREST? COMMUNITY OF INTEREST COULD BE A SCHOOL ZONE.
IT COULD BE A WORK ZONE, IT COULD BE A NEIGHBORHOOD.
IT COULD BE WHATEVER WHATEVER'S IMPORTANT TO THAT COMMUNITY.
AND THAT'S SOMETHING THAT JUST REQUIRES A LOT OF LOCAL INPUT.
YOU KNOW, IT'S NOT EASILY AVAILABLE ON A MAP, UM, AND THINGS LIKE THAT.
SO IT REQUIRES A LOT OF DECISION AT THE LOCAL LEVEL.
AND IT'S ONE OF THOSE FACTORS THAT YOU HAVE TO TAKE INTO ACCOUNT ON HOW YOU BALANCE THIS.
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UH, THE REASON WE'RE HERE TONIGHT IS THERE HAS BEEN A LOT OF COURT DECISIONS, UH, OVER THE, OVER THE PAST FEW YEARS.AND I THINK THAT THE PROCESS HAS KIND OF CHANGED A LITTLE BIT AND THE EMPHASIS IS MUCH MORE ON TAKING THESE FACTORS INTO CONSIDERATION BEFORE YOU DRAW THE FIRST PLAN.
UH, SOME OF THE RECENT COURT DECISIONS I HAVE READ, UH, THE COURT HAS KIND OF FROWNED UPON, UH, COUNTIES OR LOCAL GOVERNMENTS DRAWING A PLAN WITHOUT EXPLAINING WHAT THEIR PURPOSES ARE AND WHAT THEIR CRITERIA ARE.
AND THEN WHEN THEY'VE GOTTEN SUED, UH, THE COURT SAYS, WELL, WHY DID YOU DRAW IT THIS WAY? AND THEY SAY, WELL, BECAUSE OF THIS COMMUNITY, WELL, IF THERE'S NOTHING IN THE RECORD SUPPORTING THAT COMMUNITY TO BEGIN WITH THE COURT KIND OF QUESTIONS OUT OF LOOKS, LOOKS A LITTLE, MAYBE A LITTLE CIRCUMSTANCE.
SO AGAIN, THE POINT IS, IS TO HAVE SOME INVOLVEMENT.
COUNSEL WILL HAVE TO MAKE SOME TOUGH DECISIONS.
WHEN YOU DRAW THE LINE, YOU'RE PROBABLY GONNA MAKE SOME PEOPLE HAPPY AND SOME PEOPLE UPSET, BUT THERE'S NO PERFECT PLAN OUT THERE, BUT IT IS SOMETHING THAT EVERYBODY HAS TO UNDERSTAND AND WORK THROUGH THESE BASIC PRINCIPLES TO HELP GUIDE YOU THROUGH THAT, HOW YOU COME UP WITH IT IS YOUR DECISION.
I SAY, YOUR DECISION IT'S COUNCIL'S DECISION, YOU KNOW, THE WAY YOU'RE DOING IT.
AND, UM, IN, IN BUFORD COUNTY MAY BE DIFFERENT THAN JASPER ORI OR CHARLESTON, CAUSE IT DEPENDS ON WHAT'S IMPORTANT TO YOUR COMMUNITY.
UM, THE OTHER THING I LIKE TO EMPHASIZE IS THE OTHER BIG CHANGE SINCE THE LAST REDISTRICTING WAS, UH, YOU ARE NO LONGER UNDER PRE-CLEARANCE REQUIREMENTS BY THE DEPARTMENT OF JUSTICE THAT WAS RULED UNCONSTITUTIONAL IN THE SHELBY VERSUS HOLDER CASE BY THE SUPREME COURT.
AND WHAT THAT MEANS IS LAST TIME WHEN YOU ADOPTED YOUR PLAN, ONCE YOU ADOPTED IT, YOU HAD TO SUBMIT IT TO THE DEPARTMENT OF JUSTICE FOR APPROVAL.
AND IF THE DEPARTMENT OF JUSTICE APPROVE IT, IT WAS CONSIDERED, OKAY, READY TO GO.
THAT, THAT REQUIREMENT FOR, FOR SOUTH CAROLINA TO SUBMIT THE PLANS HAS BEEN RULED UNCONSTITUTIONAL.
SO WHILE THAT IS GOOD, IT PUTS YOU A LITTLE BIT MORE IN CONTROL OF WHAT YOU'RE DOING.
YOU DON'T HAVE TO GET A SECOND OPINION, UH, ONCE YOU ADOPT THE PLAN, ONCE COUNCIL ADOPTS THE PLAN, THAT'S IT, UNLESS YOU GET SUED.
BUT THE DOWNSIDE OF THAT IS IF YOU HAD THAT APPROVAL BY DOJ, IT MADE IT MORE DIFFICULT FOR SOMEBODY TO SUE YOU.
IF SOMEBODY WANTED TO CHALLENGE YOUR CASE, YOU COULD SAY THE DEPARTMENT OF JUSTICE APPROVED IT, YOU KNOW, GO ARGUE WITH THEM, UH, THAT, THAT FALL BACK HAS BEEN REMOVED.
SO AGAIN, THAT'S WHY IT'S MOST SPECIALLY IMPORTANT FOR COUNCIL TO BE AWARE OF SOME OF THIS CRITERIA AND THINK THROUGH THIS BECAUSE, UH, YOU CAN MAKE IT DIFFICULT TO GET CHALLENGED.
THE BETTER YOU DO THE PLAN, THE MORE DIFFICULT IT IS.
IF SOMEBODY WANTS TO CHALLENGE YOUR PLAN, THE BURDEN OF PROOF IS UPON THEM.
THEY'VE GOT TO HAVE A STRONG REASON.
THEY CAN'T HAVE A RIGHT REASON JUST BECAUSE I LIKED IT BETTER.
AND THE REASON IS IT'S GOING BACK TO THESE CRITERIA.
IF YOU SET THE RIGHT CRITERIA AND YOU STICK TO THAT, YOU'VE GOT A MUCH BETTER CHANCE TO DEFEND ANY, UM, ANY, UM, ANY, UH, SUIT THAT ARISES FROM THAT.
SO THAT'S KIND OF THE GENERAL OUTLINE WE'RE GOING TO TALK ABOUT, BUT LET'S TALK ABOUT SOME OF THE SPECIFICS HERE IN BUFORD COUNTY.
WHAT WE HAVE HERE IS THE DATA SHOWING THE CURRENT 2020 CENSUS COUNT BY EACH DISTRICT.
WE HAVE THE TABLE HERE ON THE LEFT AND ON THE RIGHT, WE HAVE A GRAPH, UH, JUST KIND OF HIGHLIGHT FOR YOU AND BIG PICTURE, THE GRAPH ON THE RIGHT.
UM, THE, THE IDEAL DISTRICT OR THE EQUAL REPRESENTATION IS THAT RED LINE THERE.
IDEALLY YOU WANT EVERY DISTRICT TO BE AROUND 17,011 PEOPLE.
UM, AND WE'VE GOT THE, THOSE DISTRICTS HIGHLIGHTED IF GRAY DISTRICTS, THEY MEANS YOU'VE GOT TOO MANY PEOPLE IN THAT DISTRICT.
YOU NEED TO MOVE SOME OF THOSE PEOPLE OUT OF THOSE GRAY DISTRICTS, INTO THE, THOSE DISTRICTS, WITH THE BLUE AREA, EXCUSE ME, THE BLUE DISTRICTS, THOSE DISTRICTS ARE BELOW THE AVERAGE.
SO GOING BACK TO ONE PERSON, ONE VOTE YOU WOULD LIKE TO GET EVERYBODY IS CLOSE TO THAT RED LINE AS POSSIBLE.
SO WHEN WE TALK ABOUT THE STATISTICS HERE A LITTLE BIT MORE, UM, LET'S JUST PICK OUT DISTRICT ONE.
UH, DISTRICT ONE HAS TRIED TO MAKE SURE PEOPLE CAN HEAR ME.
UH, DISTRICT ONE HAS 13,876 PEOPLE.
THEY ARE ABOUT 3000, A LITTLE OVER 3000 BELOW THAT.
SO YOU'RE STARTING TO GET SOME SIZABLE SHIFTS HERE.
THAT PERCENTAGE DEVIATION IS 18%.
THAT MEANS THEY ARE UNDERREPRESENTED BY 18%, FROM THE IDEAL, AND LET'S PAY ATTENTION TO THAT PERCENT CHANGE OR THAT PERCENT COLUMN.
CAUSE THAT'S WHAT WE'LL TALK ABOUT.
AS FAR AS THIS CRITERIA OF ONE PERSON, ONE VOTE.
SO DISTRICT ONE IS, UM, UH, 18%, UM, UNDER, UM, EXCUSE.
I CAN'T, CAN'T SEE IT FROM THE SIDE.
SO DISTRICT ONE IS 18% UNDER AND THEN DISTRICT SEVEN IS 30% OVER.
THAT'S YOUR LAW? SO DISTRICT, UM, SEVEN THERE, I SAYS 37% OVER.
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IS THIS I LIKE TO WALK UP? IS THIS ALL? OKAY, THANK YOU, PACERS.SO, SO YOU SEE HERE, DISTRICT SEVEN IS 37% OVER.
THEY'VE GOT 6,000 PEOPLE THAT HAVE TO COME OUT OF DISTRICT SEVEN.
AND THE TRICKY IS THAT Y'ALL GONNA GO THROUGH, HOW DO YOU START SEPARATING THOSE COMMUNITIES? WHAT PART OF THAT DISTRICTS DO YOU START SHIFTING IN HOW YOU DO THAT? BUT THE WAY DEVIATION IS CONFINED DEFINED, UH, BY THE COURTS IS THAT BY THE DEVIATION IS BASICALLY A RANGE IS BETWEEN YOUR DISTRICT THAT HAS THE HIGHEST PERCENTAGE OVER AND THE MOUNT IN THE DISTRICT WITH THE LOWEST PERCENTAGE OVER.
SO WHEN I LOOK HERE, DISTRICT SEVEN IS 37%.
THEY'RE THE HIGHEST DISTRICT OVER YOU TAKE THAT 37% AND YOU ADD IT TO THAT 18% UNDER ALGEBRAICALLY REMOVED THE ALGEBRAIC SIGN, ADD THEM TOGETHER.
SO YOU'RE OUT OF COMPLIANCE BECAUSE YOUR DEVIATION IS 15%.
THE COURT STANDARD IS YOU HAVE TO BE 10% OR LESS.
IF YOU'RE AT 9%, THAT MAY BE OKAY, BUT YOU CAN STILL BE SUBJECT TO CHALLENGE.
UH, IF SOMEBODY WANTS TO CHALLENGE YOU ON THAT AND THEY CAN DRAW A BETTER PLAN THAT GETS IT TO FIVE OR FOUR, 3%, YOU'RE AT RISK ON THAT.
SO WHEN I TALK ABOUT 10%, WHAT OFTEN GETS CONFUSED IS THAT YOUR, YOUR TOTAL DEVIATION, YOUR TOTAL RANGE BETWEEN THE HIGHEST AND LOWEST CANNOT BE MORE THAN 10%.
UH, SOME COUNTIES, THE STATE GENERAL ASSEMBLY, THE SENATE PLAN IS ADOPTING A 5% DEVIATION.
AND THAT'S OUR RECOMMENDATION, UH, TO SHOOT FOR 5%, BUT YOU MAY FIND 2%.
YOU MAY SAY THAT NO 8% IS KIND OF WHAT WE NEED IN OUR COUNTY.
SO WHEN I SAY, LET'S SAY A 5% DEVIATION, THAT MEANS YOUR HIGHEST DISTRICT, UM, THE RANGE.
AND THERE HAS TO BE NO MORE THAN 5%.
SO YOU COULD HAVE ONE DISTRICT THAT IS TWO AND A HALF PERCENT TOO HIGH.
AND ANOTHER DISTRICT TWO-AND-A-HALF PERCENT TOO LOW, OR YOU COULD HAVE ONE DISTRICT THAT'S 3% TOO HIGH.
AND THEN THE NEXT IN THE LOWEST DISTRICT WOULD BE 2%.
SO IT'S A VERY TIGHT RANGE THERE TO TRY TO KEEP THAT THAT'S THE STANDARD THERE.
YOU GOT TO TRY TO KEEP THIS POPULATION EQUAL.
THAT'S USUALLY THE EASIEST STEP KIND OF SETTING A TARGET THERE.
HOW CLOSE DO WE WANT TO GET TO ONE PERSON ONE VOTE? WELL, I WILL TELL YOU WHEN THE COURTS GET INVOLVED AND IN THE COUPLE CASES WE'VE BEEN INVOLVED SINCE I'VE BEEN DOING THIS, UM, THE COURTS JUST GO BASICALLY TO ZERO.
I MEAN, THEY, THEY EQUALIZE IT.
THERE MAY BE A ONE PERSON DIFFERENT, BUT THEY DON'T WORRY ABOUT 10%.
THEY TEND TO GO STRAIGHT TO A 0% AND MAKE IT VERY TIGHT.
UM, SO THAT THAT'S JUST FOR INFORMATION.
SO WHEN WE SEE THIS, YOU'RE, YOU'VE GOT A LOT OF GROWTH IN SOME AREAS, SOME AREAS DID NOT GROW AS FAST.
SO YOU'VE GOT, UM, DISTRICTS, UH, LET'S SAY DISTRICTS TO SIX, SEVEN, AND NINE HAVE TO GIVE UP POPULATION AND ALL THE OTHER DISTRICTS GAINED POPULATION.
SO TO MAINTAIN ONE PERSON, YOU GOT TO SHIFT A LOT OF PEOPLE AROUND AND THAT'S, UH, THAT'LL BE PART OF THE CHALLENGE THAT YOU HAVE.
SO AGAIN, THESE ARE THE MAPS HERE, UM, THAT YOU, YOUR CURRENT MAPS AND HOW THEY LOOK AFTER THIS, IS THAT THE RESPONSE TO THIS RESPONSIBILITY OF COUNCIL.
SO THE NEXT THING I WANT TO TALK ABOUT IS, UM, THE VOTING RIGHTS ACT.
AND THESE ARE SOME OF THE STATISTICS THAT COME INTO ACCOUNT.
WHEN YOU LOOK AT SECTION TWO OF THE VOTING RIGHTS ACT, UM, YOU HAVE TO LOOK OVER HERE AT THIS COLUMN.
UH, SECOND FROM THEIR END, THAT PERCENT IN H D O J BLACK, THAT'S THE DEPARTMENT OF JUSTICE DEFINITION OF BLACK.
AND IT SHOWS THAT RACIAL MINORITY, WHAT THE CONSTITUTION IS, OR EXCUSE ME, WHAT THE COMPOSITION IS IN EACH DISTRICT.
UM, YOU'VE GOT ONE DISTRICT DISTRICT, ONE WITH A 53%.
THAT'S CONSIDERED A MAJORITY MINORITY DISTRICT.
AND THEN DISTRICT THREE IS 41% AND THAT'S CONSIDERED A MINORITY INFLUENCE DISTRICT.
THE COURT IN LOOKING AT THIS, YOU KNOW, THEY REALLY LOOK AT VOTING AGE POPULATION AS WELL AS JUST ABSOLUTE POPULATION, BUT TO KEEP THEM ON, BUT TO, TO BE ABLE TO HAVE FOR A MINORITY GROUP TO ELECT SOMEBODY, UM, YOU TRY TO KEEP THAT IN THE 50%, YOU DON'T WANT TO DROP BELOW 50 OR REALLY MUCH BELOW 51, 52.
YOU DON'T WANT TO GET TOO MUCH ABOVE 60 BECAUSE THEN YOU'RE STARTING TO PACK THE VOTERS INTO ONE AREA AND IT STARTS TO DILUTE THE ABILITY IN OTHER AREAS, BUT THAT'S WHAT YOU HAVE TO PAY ATTENTION TO.
SO WHEN YOU'RE MOVING PEOPLE AROUND AND IT MAY BE DIFFICULT DEPENDING UPON THE COMPACTNESS AND GEOGRAPHY OF YOUR MINORITY COMMUNITIES, UM, YOUR TOTAL POPULATION HERE AT THE BOTTOM ABOUT 15% OF YOUR COMMUNITY OF YOUR COUNTY IS MINORITY, BUT THEY SEEM TO BE CONCENTRATED IN TWO DISTRICTS.
SO THAT'S SOMETHING YOU HAVE TO PAY ATTENTION TO WHEN YOU MOVE PEOPLE AROUND, BE CAREFUL.
UM, I MEAN, I HAVEN'T LOOKED AT THE MAPS IN DETAIL.
[00:25:01]
I DON'T KNOW WHERE THE AROUND DISTRICT ONE WHERE THE COMMUNITIES ARE, BUT YOU NEED TO TRY TO, IN ORDER TO COMPLY WITH THE VOTING RIGHTS ACT IN SECTION TWO, YOU NEED TO PAY ATTENTION TO THOSE PERCENTAGES AS YOU GO THROUGH THAT AND KIND OF MAKE SURE YOU'RE NOT DILUTING THOSE VOTES TOO MUCH.SOMETIMES POPULATION GROWTH IS WHAT YOU'RE EXPERIENCING HERE.
THE WHITE POPULATION IS GROWING FASTER THAN BLACK POPULATION.
THAT'S JUST A NATURAL EVOLUTION OR CONSEQUENCE OF TIME.
YOU KNOW, IF THIS CONTINUES A PATTERN CONTINUES IN THE NEXT 10 YEARS, IT'LL GET MORE DIFFICULT TO MAINTAIN THIS, BUT THIS IS SOMETHING THAT YOU HAVE TO CONSIDER.
YOU HAVE TO DEFINE WHAT'S APPROPRIATE IN, IN WORKING THROUGH THAT, WHERE THOSE COMMUNITIES, HOW DO YOU DRAW THOSE, THOSE COMMUNITIES TOGETHER? SO AGAIN, JUST GOING HERE WITH THE VOTING RIGHTS ACT, UM, AGAIN, YOU LOOK AT THIS SAME COLUMN HERE, THE PERCENT, UH, THE VOTING AGE POPULATION, THAT'S VAP VOTING AGE POPULATION, THE PERCENT BLACK, 52, 30 9%.
SO YOU SEE IN THAT DISTRICT THREE WHERE THE POPULATION WAS HIGHER, BUT THE VOTING AGE POPULATION WAS LOWER.
SO THOSE ARE JUST SOME FACTORS YOU HAVE TO BE AWARE OF AS YOU GO THROUGH THIS, UH, TO HELP TRY TO WATCH OUT, WE'D HAVE TO HAVE TO APPLY WITH THE VOTING RIGHTS ACT.
BUT THOSE ARE THE KEY STATISTICS AS YOU GO THROUGH THIS TO MAKE SURE YOU'RE REPRESENTING THAT REQUIREMENT.
SO, UM, JUST TO KINDA SUMMARIZE HERE, UH, BEFORE YOU ADOPT, UH, EXCUSE ME, BEFORE YOU START THE PROCESS HERE, IT'S BEST FOR COUNCIL TO ADOPT THE RESOLUTION, TO STATE THESE THINGS, WHAT THEY'RE TRYING TO DO, WHAT ARE THEIR OBJECTIVES HERE? AND SOMETIMES YOU HAVE TO TALK THEM OFF, YOU KNOW, IT'S BEST TO TALK AMONGST YOURSELVES, BUT, UM, WE NEED, YOU KNOW, WE RECOMMEND THAT YOU ADOPT THE RESOLUTION AND SAY, HEY, WE'RE GOING TO TRY TO MAINTAIN A, A DEVIATION OF LESS THAN 10%, 5%, 6% OR WHATEVER IT IS.
UH, SO THAT WAY, WHEN YOU'RE DRAWING THE PLANS, THERE'S SOME GUIDANCE THAT THE COMMUNITY AND THE COUNCIL HAS AGREED UPON.
UH, YOU NEED A STATEMENT THAT YOU'RE GOING TO RESPECT THE VOTING RIGHTS ACT, AND YOU'RE GOING TO WORK TO THE BEST THAT YOU CAN TO WITHIN THE NUMBERS THAT ARE GIVEN THERE TO, TO COMPLY WITH THE VOTING RIGHTS ACT.
UM, AND THEN YOU NEED TO TALK ABOUT, UH, MAKING SURE THAT YOU'RE GOING TO EVERYBODY RECOGNIZE YOU AND DRAW THE DISTRICTS CONTIGUOUSLY HERE.
UH, YOU'RE GOING TO TRY TO MINIMIZE THE NUMBER OF VOTING PRECINCTS.
I WILL TRY TO PUT A NUMBER ON THAT.
THAT'S JUST SOMETHING, ONCE YOU DRAW A PLAN, THAT'S USUALLY THE QUESTION, WELL, HOW MANY PRECINCTS DID I SPLIT? AND THEN HOW CAN WE MAYBE TWEAK THEM? UM, AND YOU KNOW, ARE THEY GOING TO BE GEOGRAPHICALLY COMPACT? AND, UH, AGAIN, THE IMPORTANT PART HERE IS ABOUT YOUR RESPECT AND YOUR COMMUNITIES OF INTEREST.
IF THERE'S A COMMUNITY THAT'S VERY IMPORTANT, YOU MAY WANT TO CONSIDER MENTIONING THAT OR HIGHLIGHTING THAT YOU DON'T HAVE TO, BUT THE MORE SPECIFIC YOU CAN PUT IN YOUR RESOLUTION OR TALK ABOUT AND DOCUMENT, THIS IS ABOUT DOCUMENTATION TO HELP SUPPORT THE RECORD.
SO IF YOU GET CHALLENGED LATER, UM, YOU'VE GOT A SOLID RECORD OR EXCUSE ME, A SOLID RECORD TO STAND DOWN, BUT IT ALSO ALSO HELPS YOU COMMUNICATE WITH THE PUBLIC WHAT'S IMPORTANT.
WHAT ARE YOU HEARING FROM, WHAT ARE THE COMMUNITIES TELLING YOU? WHAT ARE YOU SEEING THERE? SO THAT'S THE BASIC PRINCIPLES YOU HAVE TO GO THROUGH.
UM, AND THIS POINT WAS CHAIRMAN LESTER'S QUESTIONS.
THAT'S ALL THAT I HAVE, BUT I'LL BE GLAD TO ANSWER ANY QUESTIONS.
AND IF I JUST MAY ASK, MAYBE IF COUNSEL, COUNSEL CAN GO FIRST.
BEFORE WE GO TO THE QUESTIONS, YOU KNOW, AS A RESULT OF THIS MEETING, COUNCIL WILL NOW BEGIN THE PROCESS OF SETTING A TIMELINE, A PUBLIC HEARING SCHEDULE AND COMMENTS FROM, UM, OUR PUBLIC TO, UM, CONSIDER THE OPTIONS OF THE NEW MAP.
ONCE THOSE OPTIONS HAVE BEEN IDENTIFIED AND PUBLIC COMMENT PROVIDED COUNSEL WILL THEN DECIDE, WHICH IS THE BEST OPTION AND SEND THAT PACKET TO THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND FISCAL AFFAIRS.
AND UPON COMPLETION OF THAT PROCESS, SOUTH CAROLINA WILL DRAFT AND ENACT THE NEW DISTRICT MAPS.
SO NOW IT'S YOUR OPPORTUNITY TO ASK ANY QUESTIONS.
THIS PRESENTATION WILL BE AVAILABLE TOMORROW.
BRIAN, THANK YOU, MR. RAINWATER.
UM, YOU SAID THAT WE WERE NO LONGER UNDER THE DEPARTMENT OF JUSTICE GUIDELINES.
IS IT STILL POSSIBLE FOR US TO SEEK AN OPINION OF THE DOJ IN REGARDS TO ANY PLAN THAT WE HAVE? UM, THAT'S A GOOD QUESTION.
I REALLY DON'T KNOW YOUR ANSWER, BUT LET ME SHARE THIS WITH YOU.
THE DEPARTMENT OF JUSTICE GUIDELINES, UM, WHAT THEY LOOKED AT WAS A SECTION FIVE ANALYSIS, WHICH WE LOOKED AT MORE ISSUES LIKE RETROGRESSION
[00:30:01]
IN, IN, IN, IN DECLINE IN LOWERING THAT THAT PERCENTAGE OF THE, YOUR MINORITY VOTERS, THE SUPREME COURT DECISIONS NOW HAVE SHIFTED TO A SECTION TWO ANALYSIS.SO IT'S PROBABLY WORTH A CALL TO THEM TO ASK THEM, BUT I DON'T KNOW WHAT, HOW MUCH INFORMATION SINCE THEIR ROLE HAS BEEN DIMINISHED IN THIS, IN THE STANDARD HAS CHANGED.
I'M NOT SURE WHAT TYPE OF RESPONSE THEY WOULD GIVE YOU, BUT I WOULD, I DON'T THINK THEY WOULD, UH, I THINK THEY WOULD WELCOME A CALL.
OTHER QUESTIONS, I'M SURE AS WE GET INTO THIS, THERE WILL BE MORE QUESTIONS.
THE MICROPHONE WILL BE COMING TO YOU MOMENTARILY AND SEEKING TO BE SURE THAT, UH, UH, MINORITY COMMUNITIES OF INTEREST TO RECOGNIZE, FOR EXAMPLE, IN THIS COUNTY, THERE SEEMED TO BE TWO THAT ARE REALLY VERY HEAVILY MINORITY WAY MORE THAN A POPULATION.
UM, IF, IF IT'S SUCH A ZEAL TO DO THAT, IT SEEMS LIKE IT CAN, IT IS NOT COMPATIBLE WITH COMMUNITIES OF INTEREST.
AND SO YOU SORT OF GUARANTEE THAT THE MAJORITY WINS AND NON-COMPETITIVE DISTRICTS BECAUSE YOU'VE TRIED TO PROTECT THE MINORITY.
AND JUST BY ANALOGY, IT APPEARS THAT SOUTH CAROLINA HAS KIND OF DONE THAT WITH HAVING SIX OF SEVEN, UM, CONGRESSIONAL SEATS REPRESENTED BY MAJORITIES AND ONLY ONE MINORITIES WHEN IT APPEARS THAT THAT DISTRICT HAS BEEN SO DRAWN TO BE ASSURE OF A MINORITY IN WHICH THAT ONE, BUT THEY CANNOT WIN ANYTHING ELSE.
AND, BUT IT, IT ALWAYS A PRINCIPLE OF COMPETITIVENESS WITHIN A COMMUNITY, WHICH SEEMS TO BE A VALID PRINCIPLE HERE TO HAVE A ROBUST, UH, REPRESENTATION.
I DON'T, UNFORTUNATELY I'M NOT INVOLVED IN THE HOUSE OR CONGRESSIONAL WE'RE WE'RE HERE.
THAT'S WHY THE SUPREME COURT HAS LAID OUT THIS BALANCING TEST IN SECTION TWO.
AND THAT'S WHY IT'S SOMETHING YOU HAVE TO CONSIDER.
I REALLY WISH THIS WAS SO SIMPLE, OR WE COULD PUT ALL THESE DECISIONS INTO A PROGRAM AND RUN IT AND IT WILL SPIT OUT ONE ANSWER.
BUT WHEN THE COURT LOOKS AT IT, YOU KNOW, YOU HAVE TO LOOK AT THAT COMPACTNESS ISSUE.
UM, WHERE ARE, WHERE ARE THE DISTRICT? WHERE ARE THE MINORITIES? AND IS IT SUFFICIENT TO DRAW A DISTRICT THERE? UM, YOU GET INTO SITUATIONS WHERE GOVERNMENTS HAVE GONE WRONG IS THAT THEY WILL, UM, TAKE A STRONG MINORITY AREA, BUT DIVIDE THAT INTO THREE DISTRICTS AND SPLIT UP THAT VOTING STRENGTH.
THAT'S WHAT THE COURTS DON'T LIKE.
THE OTHER END OF THAT SPECTRUM IS, UH, THEY WILL REACH TOO FAR AROUND THE COUNTY, PUT TWO MINE IN MINORITIES TOGETHER.
SO IT'S REALLY A DATA-DRIVEN DECISION.
YOU HAVE TO LOOK AT THAT, BUT AGAIN, LIKE THE COURTS HAVE SAID, YOU HAVE RACE AS A FACTOR.
IT CAN NOT BE THE PRIMARY FACTOR.
AND, BUT YOU'VE GOT ALL THESE PRIMARY FACTORS YOU HAVE TO LOOK AT.
SO IT IS A BALANCING TEST, UM, ON YOU, JUST IN, UH, THAT YOU HAVE TO CONSIDER AND ALL THESE PRINCIPLES, AND YOU MAY HAVE TO GO HIGHER A LITTLE BIT LOWER ON THE DEVIATION TO HELP COMMUNITIES OF INTEREST OR, OR ONE OF THESE OTHER FACTORS.
UM, FOR, FOR EVERYBODY TO UNDERSTAND KIND OF WHERE THE, WHERE THE BRIGHT LINES ARE AND THEN WHERE THE GRAY AREAS ARE ON HOW YOU PUT THIS TOGETHER.
MR. CHAIRMAN, BEFORE I FORGET IF I MAY JUST END IT, YOU SAID TWO THINGS, ONE MAKE SURE COUNTY COUNTY COUNCIL IN THE NOSE.
I DON'T KNOW IF HE HAD SAID THAT IT'S LIKE AN ORDINANCE AND NOT A RESOLUTION.
UM, SO IT DOES TAKE THREE READINGS, ALL THE COUNTIES, YOUR PRIMARY, EXCUSE ME, YOUR FILING SEASON OPENS ABOUT THE MIDDLE OF MARCH.
SO THE SOONER YOU CAN GET THIS DONE BEFORE MARCH THE BETTER, UM, YOU KNOW, JUST TO HELP EVERYBODY UNDERSTAND.
THAT'S WHY WE SAID, WE'LL, WE'RE GOING TO SET A TIMELINE SCHEDULE, PUBLIC INPUT TO ENSURE THAT THIS IS AN OPEN AND WELL THOUGHT OUT PROCESS.
OTHER QUESTIONS THAT YOU MIGHT HAVE, UM, FIRST OF ALL, TO THANK MR. RAINWATER FOR BEING HERE AND THANKS THE COUNTY FOR SETTING UP THIS OPPORTUNITY TO HEAR THE PRESENTATION.
SO IN THE CITY, WE HAD A DECREASING AMOUNT OF MINORITIES, BUT A PRETTY DRAMATIC INCREASE IN THE AMOUNT OF NON-MINORITIES.
SO AS WE START TO SORT OF LOOK AT THE COUNTY AND DRAW THESE NEW DISTRICT LINES, IS THERE SOME GRACE FOR MINORITY DISTRICTS IN TERMS OF THAT, THAT DEVIATION, BECAUSE IT SEEMS LIKE IT'S GOING TO BE AWFULLY HARD TO KEEP UP MINORITY DISTRICT.
IF THIS, YOU KNOW, AT THAT 17,000 NUMBER IN THE DEVIATION, ALONG WITH ALL THE OTHER DISTRICTS, WHEN WE'VE GOT MINORITY SORT OF MOVING OUT AND NON-MINORITIES MOVING IN.
SO AGAIN, IS THERE, IS THERE A LARGER AMOUNT OF DEVIATION THAT'S PROVIDED TO BE ABLE TO KEEP A MINORITY DISTRICT INTACT? I DON'T KNOW IF I'M ARTICULATING THAT WELL, BUT, UM, I MEAN, YOUR DEVIATION HAS TO BE, IT HAS TO BE LESS THAN 10%, AND I THINK THAT'S A FACTOR THAT THE COUNTY CAN CONSIDER.
UM, IS IT MORE IMPORTANT TO HAVE A 9% DEVIATION
[00:35:02]
TO, TO HELP, YOU KNOW, IF IT'S NEEDED TO HELP WITH A MINORITY AREA? UM, IF YOU CAN'T GET ENOUGH POPULATION THERE, DO YOU, DO YOU MAKE IT A LITTLE BIT LOWER? THAT'S JUST, THAT'S JUST ONE OF THE BALANCING FACTORS, UM, THAT Y'ALL HAVE TO CONSIDER.IT HAS TO BE CONSIDERED EACH LOCAL JURISDICTION.
CAN WE PUT THAT SLIDE BACK? THAT ONE RIGHT THERE.
YOU HAVE A, OH, I HAVE ONE QUESTION ON A ONE COMMENT.
THE FIRST QUESTION IS WHEN YOU DESCRIBE MINORITY, WHAT DOES THAT MEAN? I'M CHINESE MIGRANT.
AM I MAJORITY? AM I WHITE ON MY MINORITY OR WHAT THAT IS A SEPARATE CATEGORY.
UH, WE DID NOT LIST THAT FOR SPACE, BUT THE ASIAN COMMUNITY IS, UH, IN THE ONES AND TWOS PERCENT FOR THIS COUNTY.
UH, HISPANICS ARE A LITTLE BIT LARGER IN AREA, BUT THEY'RE NOT LARGE.
THEY'RE NOT AS LARGE AS THE, UM, UH, BLACK POPULATION.
AND WHAT HAD LOOKED AT THE MAP IS THAT WHEN YOU, WHEN YOU LOOK AT THOSE COMMUNITIES, THEY'RE KIND OF INTERRELATED CLOSER WITH, WITH THE BLACK COMMUNITY.
IT DOESN'T, THEY DON'T SEEM TO BE LARGE ENOUGH TO CONSTITUTE A ORDER TO QUALIFY FOR A MAJORITY MINORITY DISTRICT.
WE CAN PROVIDE THAT TO COUNCIL.
IF YOU'D LIKE TO SEE THE RACIAL MAKEUP OF ALL THE, OF ALL THE RACES AND ETHNICITIES, THAT FAIR WOULD BE GREAT BECAUSE THIS IS MY SECOND PART APOLOGIZES TO THE COUNCIL PEOPLE.
UM, IT'S MORE COMMON IN START A QUESTION, BECAUSE IT SEEMS LIKE YOU HAVE, THE CONSTITUTION SAYS WE SH RACE SHOULDN'T BE CONSIDERED AS PART OF THE DECISION, BUT THEN YOU HAVE THE LETTER PART SAYS, UM, VOTING RIGHTS ACT AND ALSO COMMUNITY OF INTEREST.
SO MIKE COMMENT IS COMMUNITY INTEREST.
WHAT DOES THAT REALLY MEAN? BECAUSE MINORITIES ARE NOT ALL MONOLITHIC BECAUSE IF YOU SAY, OKAY, GROUP ALL THE CHINESE TOGETHER IN CHINA, IN TOWN, WELL, WE GAIN MORE POWER.
NO, BECAUSE MAINLAND CHINESE ACTUALLY TEND TO BE MORE CONSERVATIVE BECAUSE THEY EXPERIENCED THE COMMUNISM.
THEN CHINESE WERE BORN IN AMERICA.
SO MY QUESTION IS FOR THE TOWN COUNCIL, IF BY SKIN COLOR, THEN WHY DISTRICT ONE, WHICH YOU HAVE A DISTRICT COUNCIL, MEN WHO'S BLACK YET THE POPULATION IS DECLINING.
SO THAT DOESN'T SEEM TO MAKE SENSE EITHER BECAUSE WE ARE LOSING MORE BLACK POPULATION IN THE BLACK RUN COUNCIL RUN DISTRICT OVER THE PAST DECADE.
SO THE KEY QUESTION FOR ME IS FOR COUNCIL TO COUNT CEDAR IS THAT COMMUNITY OF INTEREST SHOULD REALLY BE NOT RACE, NOT RICH OR POOR, BUT SHOULD BRING US TOGETHER BECAUSE WE ALL WANT BETTER SCHOOLS, LAURA TAXES, SAVOR COMMUNITY, MORE JOB OPPORTUNITIES AND CLEANER ENVIRONMENT.
TO ME, THOSE ARE COMMUNITIES OF INTEREST.
AND WE SHOULD NOT BE USED AS A PONG BY THE POLITICIANS IN WASHINGTON, D C WHO WANTS TO SEPARATE PEOPLE AMONG RACES AMONG ECONOMIC STATUS, BECAUSE IN AMERICA IT REALLY SHOULD BE.
WE, THE PEOPLE VERSUS THE PEOPLE WHO ARE THE RULING CLASS.
SO I JUST WANT TO MAKE THAT CLEAR IN TERMS OF COMMUNITY, TO COMMUNITY, TO OF INTEREST.
IF YOU THINK THAT IT'S GOING TO BE A WRECK ON THE RECORD FOR, UM, FOR PUBLIC TO SPEAK.
UM, ONCE AGAIN, THIS INFORMATION WILL BE AVAILABLE ON THE COUNTY WEBSITE TOMORROW.
ALL OF THE COUNTY COUNCIL MEMBERS WILL BE RECEIVING A COPY OF THIS.
WE WILL BEGIN THE PROCESS AS QUICKLY AS WE CAN, UH, TIME MARCHES ON W W WE HAVE TO HAVE THREE PUBLIC READINGS OF THIS, UH, BY ORDINANCE, WE'LL HAVE SEVERAL HEARINGS ON THIS LOTS OF INPUT BEFORE WE FINALLY DECIDE ON WHAT WE THINK IS THE BEST WAY OF SETTING UP OUR DISTRICT.
SO THANK YOU ALL FOR COMING THIS EVENING.
[00:40:09]
THE COUNTY COUNCIL IS DOING THE WORK OF REDISTRICTING, CORRECT? THAT'S CORRECT.NOW, ARE YOU INVITING ANYONE TO ASSIST WITH THE REDISTRICTING THAT IS NOT A MEMBER OF COUNTY COUNCIL.
WE'RE GOING TO HAVE SEVERAL PUBLIC INPUT SESSIONS ON WHAT WE DO AND HOW WE DO IT.
THIS IS NOT GOING TO BE DONE BEHIND CLOSED DOORS.
THIS WILL BE OPEN DISCUSSED SEVERAL TIMES BEFORE A DECISION IS FINALLY MADE.
SO YOU WILL HAVE NUMEROUS OPPORTUNITIES TO WEIGH IN.
WELL, BUT MY, THAT IS NOT EXACTLY THE QUESTION, BUT THANK YOU.
THANK YOU FOR, UH, TAKING SO MUCH EXTRA TIME TO LET SO MANY PEOPLE HAVE INPUT.
THE QUESTION IS, IS THERE ANYONE IN THE FINAL DECISION-MAKING PROCESS WHO IS NOT A MEMBER OF COUNTY COUNCIL? SO WE WILL TALK TO OUR REPRESENTATIVE AND SAY, HEY, I WANT THIS, I WANT THAT.
I WANT THIS, BUT ULTIMATELY THE COUNTY COUNCIL PERSON WILL VOTE.
ASSUMABLY BASED ON THE INPUT OF THOSE THAT SPOKE WITH HIM OR HER.
HOWEVER, IF THEY HAVE AN AGENDA, THEN SPEAKING WITH THEM WILL NOT ALLOW INFLUENCE.
SEE, YOU'RE JUST, SO WHAT I'M SAYING, IS THERE AN OUTSIDE AGENCY WATCHING THE PROCESS, LIKE THE LEAGUE OF WOMEN VOTERS, EVERYBODY'S GOING TO BE ABLE TO SEE EXACTLY WHAT WE DO.
THIS IS ALL GOING TO BE TELEVISED.
AND THAT YOU'LL HAVE OPEN FORUMS WHERE PEOPLE CAN COMMENT.
BUT YOU WILL NOT HAVE ANY TYPE OF OUTSIDE EXPERT ADVISORIES.
WE WILL SEEK WHATEVER EVER MEANS.
WE NEED TO, TO DO THE DECISION, BUT, BUT YOU HAVE TO UNDERSTAND YOUR DULY ELECTED OFFICIALS, THIS BUFORD COUNTY COUNCIL HAS THE OBLIGATION TO SET THE MAP.
SORRY TO TAKE SO MUCH TIME, MR. CUNNINGHAM.
UH, MY QUESTION'S REALLY SIMPLE.
UM, WELL, WE HAVE AN OPPORTUNITY TO ALSO HAVE THIS SOUTH OF THE BROAD MEETINGS PUBLIC, OR IS EVERYTHING GOING TO BE KEPT IN NORTH OF THE BROAD? OH NO.
W W WE WILL HAVE THIS, UH, I WOULD HOPE IN SEVERAL PLACES, YOU KNOW, THE BEAUTY OF IT IS WHEREVER WE MEET.
IT DOESN'T MATTER WHERE WE MEET, AS LONG AS THE POPULATION GETS TO SEE HERE AND HAVE INPUT.
THAT'S A GOOD THING, BUT, BUT TO HAVE IT PUBLICLY IN THE CITY OF BUFORD, CITY OF BLUFFTON HILTON HEAD, WHEREVER, WE'LL TAKE THAT INTO CONSIDERATION BECAUSE OBVIOUSLY WE WANT AS MUCH INPUT AS WE POSSIBLY CAN.
UM, THE LAST TIME WE DID REDISTRICTING BUFORD COUNTY, THE STATE, UH, PRESENTED TO US A DRAFT PROPOSAL THAT MET ALL THE TECHNICAL REQUIREMENTS AND THEN COUNTY COUNCIL HAD AN OPPORTUNITY TO ADJUST THE MAP ACCORDING TO COMMUNITIES OF INTEREST, ET CETERA, ET CETERA.
WHEN, AND I ASSUME THAT THE SAME PROCESS WILL BE HIT, WILL BE DONE THIS TIME, THAT THE STATE DEPARTMENT OF REVENUE.
I SPOKE TO MR. RAINWATER AND ASSURED HIM THAT WE WILL BE LEANING ON HIM, UH, GOING THROUGH THE PROCESS TO ASSIST US.
AND SO THIS DRAFT OR THIS DRAFT REPORT WILL BE COMING OUT TOMORROW.
I'M WONDERING IF THE DRAFT MAP WILL ALSO BE REVEALED, UM, AND WHAT KIND OF TIMELINE WE'LL HAVE FOR THAT? YES, THANK YOU.
AND I WAS TRYING TO CLARIFY THAT IN MY PRESENTATIONS, BECAUSE OF THE CHANGES IN THE SUPREME COURT DECISIONS, I DON'T FEEL IT'S APPROPRIATE FOR US TO DRAW A MAP, EVEN AS A STARTING POINT TO Y'ALL DECIDE ON THIS CRITERIA AGAIN, UM, OUR OFFICE AND OUR PREDECESSOR, WHO'D DONE THIS AND WAS KNOWN
[00:45:01]
NATIONALLY FOR DOING THIS, UM, YOU KNOW, PRETTY FAMILIAR WITH DEPARTMENT OF JUSTICE AND HE KNEW WHAT IT REQUIRED TO GET THROUGH THE DEPARTMENT OF JUSTICE.YOU'RE SOMEWHAT IN UNCHARTED TERRITORIES WITH THE RECENT SUPREME COURT DECISIONS.
AND, AND IN LOOKING AT THOSE DECISIONS, I JUST FAILED.
Y'ALL NEED TO HAVE A DISCUSSION AND TELL US FIRST, OR, OR HOWEVER YOU WHOEVER'S GOING TO DO THIS, UM, TO DECIDE WHAT IS THE DEVIATION THAT YOU WORK FOR? WHAT IS YOUR COMMUNITY OF INTEREST? UM, AND SO I THINK IT'S BETTER FOR Y'ALL TO GO A LITTLE BIT SLOWER BEFORE THAT FIRST PLAN IS OUT THERE.
CAUSE SOMETIMES THOSE FIRST PLANS CAUSE TOO MUCH CONFUSION, AND I DON'T WANT TO DO ANYTHING UNINTENTIONALLY TO MAKE THE JOB HARDER FOR COUNCIL.
UM, BUT I THINK IT'S JUST IMPORTANT FOR Y'ALL TO AGREE ON THESE PRINCIPLES IN ADVANCE BEFORE THAT FIRST PLAN IS DRAWN, BECAUSE THEN YOU'VE GOT THE OPPORTUNITIES TO TWEAK IT THERE.
SO IT'S JUST BECAUSE OF THE COURT DECISION, WE'RE DOING SOMETHING A LITTLE BIT DIFFERENT.
UM, BUT CERTAINLY WHETHER WE'RE DRAWING THE PLAN OR WHATEVER, UM, IT WILL EVOLVE BACK AND FORTH AND IN DISCUSSING ON WHAT'S GOOD AND BAD ABOUT IT.
WELL, FIRST I WANT TO SAY THANK YOU FOR HOSTING THE MEETING IN THE, IN THE CITY OF BUFORD.
UM, SO COUNTY COUNCIL HAS AN ELECTION COMING UP IN NOVEMBER OF 2022.
I BELIEVE THE FILING FOR CANDIDATES IS SOMETIME AROUND MARCH, MARCH.
I ASSUME THIS PROCESS HAS TO BE COMPLETED IN ADVANCE OF THAT 2022 ELECTION.
SO IS THERE A TIMELINE FOR GOING THROUGH THREE READINGS OF COUNCIL? IT TAKES A LITTLE TIME, THE PUBLIC HEARINGS.
UM, WHAT ARE YOU, WHAT ARE YOUR THOUGHTS ABOUT TIMING AND HOW THIS SORT OF PLAYS OUT OVER THE COMING? Y WE HAVE DONE THIS NOW SO THAT WE CAN GO BACK AT OUR NEXT COUNTY COUNCIL MEETING AND BEGIN TO SET THE TIMELINE AND SAY, IT HAS TO BE DONE BY THIS DATE IN ORDER TO GET IT DONE BY THIS DATE, WE MUST SET UP THE FOLLOWING AND THAT'S WHAT WE'RE GOING TO DO SO THAT EVERYBODY IS AWARE OF HOW MANY MEETINGS WE MAY HAVE TO HAVE.
UM, HOW MANY TIMES WE MAY HAVE TO MEET HOW MANY PLACES WE MAY HAVE TO MEET AT.
UH, BUT YOU KNOW, AS MR RAINWATER SAID, OUR FIRST THING IS GOING TO BE TO SET UP THOSE CRITERIA THAT STARTS THE PROCESS, BUT ALSO SETTING THE GOALPOST THAT WE HAVE TO GET OVER IT BY THIS DATE.
AND HOW DO WE DO THAT? SO THAT'S WHAT OUR CHARGE IS.
AND THAT'S WHY WE'RE HERE TONIGHT, STARTING IT NOW, ANY OTHERS.
SO THANK YOU VERY MUCH FOR COMING AND WE WILL BE IN TOUCH WITH YOU OBVIOUSLY MANY TIMES.