Harlingen's switch to single-member districts draws federal scrutiny

HARLINGEN — A letter from the U.S. Department of Justice has placed a cloud over the first Harlingen City Commission election since the switch to single-member districts.

The letter from Christopher Coates, chief of the Voting Section at the department's Civil Rights Division, asks for a long list of additional information about city election preparations before the agency approves any change to voting procedures previously in place.

City Attorney Brendan Hall said the city had submitted all the information the Justice Department requested and would provide any additional information it required.

The Justice Department is asking for a copy of maps for all districting alternatives considered by the city; instructions given to the firm that developed the maps; copies of all documents related to districting proposals, including notes, summaries, minutes, tapes and transcripts of all discussions and meetings; election returns by precinct for all elections in which a minority candidate has participated since 1999; the place of residence of each incumbent city commissioner; and copies of all newspaper articles about the districting proposals.

Justice Department officials declined to answer questions Tuesday on whether federal officials could halt the election or whether the results could be invalidated if federal officials don't approve the district map on which the polling is based.

The department letter sent to Austin attorney David Mendez questioned the city's efforts to protect the voting rights of Hispanics.

Mendez is the consultant who prepared maps of single-member districts and other documents for the May 9 election.

Hall said Tuesday that he had seen the Justice Department letter and that there was no reason to call off the polling.

He and Mayor Chris Boswell did not reply Tuesday to a list of questions from the Valley Morning Star, which also posed the questions to the Justice Department.

Department spokesman Alejandro Miyar responded: "We do not speculate about events that have not occurred."

The Star's questions were:

>> What is the city's recourse if the Justice Department ultimately determines that the district map used for the May 9 election is faulty?

>> Can a candidate who loses the election challenge the election results because it was held without Justice Department approval of the map?

>> Why has the city or its consultants taken so long to submit maps and other criteria to the Justice Department itemized in the April 27 letter?

>> Given the date of the November election on the single-member district issue, was it impossible to have federal approval of the single-member district map in time for the May 9 election?

>> Is there any way that the May 9 election could be canceled or postponed?

As of Tuesday, an unofficial total of 257 people had voted on early ballots, the city secretary's office reported.

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Allen Essex is a reporter for the Valley Morning Star.