In plaintiffs' action challenging a district's method of electing school board members claiming that the election process dilutes the voting strength of African-American voters, an order holding that the school board election system violates Section 2 of the Voting Rights Act of 1965 is vacated and remanded where: 1) the district court erred by considering only the elections that took place between 1984 and 2004; and 2) district court's application of the second and third Gingles factors was based on factual and legal errors.
Argued: September 24, 2009
Decided: December 21, 2009
Opinion by Circuit Judge Duncan
For Appellant: Allan Lee Parks, Jr., Parks Chesin & Walbert, PC
For Appellee: Laughlin McDonald, ACLU