A Department of Justice (DOJ) lawsuit alleges that Pennsylvania's Hazleton City Council election violates federal law because not enough “Hispanic preferred candidates” were elected. – without defining what candidates Hispanics prefer.
Ministry of Justice sued of A town with a majority Hispanic population On Tuesday, voters across Hazelton voted to elect city council members in their districts, saying the system doesn't give Hispanic residents a fair chance to participate and that the ordinance's provisions He claimed that there was a violation. voting rights law Prohibits restricting voters on the basis of race. Legal experts told the Daily Caller News Foundation that the complaint fails to prove unlawful discrimination and appears “worthless” on its face.
“What the complaint completely fails to address is that Hispanic candidates are losing elections not because of their race, but because of their politics,” said Hans Spakovsky, senior legal fellow at the Heritage Foundation. “If they run as Democrats, they will lose.'' a former Justice Department attorney told DCNF.
he helped the agency Implement the Voting Rights Act under the Bush administration.
“In the 2023 mayoral election, incumbent Republican Jeff Cuzat will won by a landslide We got 61% of the vote,” von Spakovsky said. His opponent, Vianni Castro, a Hispanic Democrat, received only 28% of the vote.
Department of Justice files voting rights lawsuit against city of Hazleton, Pennsylvania
🔗: https://t.co/uS78vR8kOd pic.twitter.com/Dzi6GHDlnQ
— Department of Justice, Civil Rights Division (@CivilRights) January 8, 2025
hazleton I voted In 2016, they supported former Democratic presidential candidate Hillary Clinton, but in 2020, 55% chose Republican President-elect Donald Trump in 2024, and 62% chose Republican President-elect Donald Trump.
The 10-page lawsuit alleges societal discrimination prevents “Hispanic-first candidates” from winning one Hazleton City Council seat. The Justice Department does not define “Hispanic candidate” in either case. The complaint also used the term “Hispanic candidates preferred by Hispanics.”
The Justice Department argues that Hazleton's at-large voting system is unconstitutional because of “discrimination in education, employment, housing, and law enforcement” and “disparities” between Hispanic and white residents. Lawyers said white voters in Hazleton continually blocked the victory of Hispanic-backed candidates by voting for other candidates. He acknowledged “low turnout among Hispanic voters,” but blamed this on “barriers to political participation.”
The Justice Department declined to comment further on the basis or evidence for that claim.
Biden's Justice Department previously used the law to: sue georgia over the Election Integrity Act of 2021, which would mandate voter ID and other Republican-backed policies. The label of the outgoing president is affixed. “Jim Crow 2.0” federal judge Refuses to block this law in 2023, Georgia saw record turnout last time middle and general election Since the law was passed.
Another Justice Department lawsuit against the 2021 Texas law was unsuccessful. federal appellate court In October, it upheld nearly all of the provisions. Other Republican-controlled states, including Florida and Alabama, are also in legal battles with Biden's Justice Department over their own election integrity policies.
Eric Jaffe, an attorney with a Washington, D.C.-based law firm, filed an amicus brief in 2021 asking a federal court to dismiss the Georgia lawsuit. In a phone interview with DCNF regarding the Hazleton case, he called the Justice Department's interpretation of the Voting Rights Act overly “aggressive.”
“What they think is discriminatory is demographic changes that don't align well with election results,” Jaffe told DCNF.
Hazleton became almost hispanic In 2016, it was 52%, according to National Geographic. Jaffe said the recent timing of the changes cast further doubt on Justice Department lawyers' accounts of historical oppression.
Jaffe said voters elect the attorney general, president and other officials through popular elections, and the city “doesn't need to be constantly changing.” [their] A voting system that makes it fair for all ethnic groups.”
“Frankly, I don't trust the Justice Department's claims because I don't trust the credibility of the lawyers within the Civil Rights Division where I previously worked,” von Spakovsky told the DCNF. spoke. “There is also no evidence that Hispanics suffer the discrimination necessary to test claims under Section 2 of the Voting Rights Act.”
The next head of the Trump administration's Office of Civil Rights “should carefully consider this case and dismiss it unless there is actual evidence to justify it,” von Spakovsky said.
“The fact that this lawsuit was filed at the last minute in the final stages of the Biden administration also raises the question of whether this is a frivolous lawsuit,” von Spakovsky said, adding that President Trump's looming threat this month He said this while referring to his appointment. (Related: Biden Justice Department pours more than $100 million into 'restorative justice' DEI efforts for K-12 students, new report finds)
Beyond issues that matter to voters, the Justice Department said ethnic hostility and other “barriers” are keeping Hispanic-leaning candidates from office.
“At least one Hispanic candidate received threatening phone calls during the campaign, including from people shouting obscenities,” the complaint states, adding that the candidate's name and sources were not included. The quotation and date were not disclosed. “Candidates believed the calls were tied to anti-Hispanic sentiment.”
The Justice Department's complaint seeks a court order requiring a new election method that the Biden administration deems fair to Hazleton.
Coosat Mayor and City Council President Jim Perry opposed it. statement To media companies. They said the Department of Justice notified the city of a legal complaint last month and that the city is “refuting” claims of unfairness against Hispanics.
“While the City has been working in good faith with the Department of Justice in recent weeks to address concerns, it appears that the lawsuit was hastily filed this Tuesday night before meaningful discussions could take place,” they said. .
“The City of Hazleton's current large-scale system provides equal voting rights to all citizens, regardless of race or gender,” they said.
Officials also said the city is preparing a referendum question for voters to address issues raised by the Justice Department.
Left-wing voting activists sued Hazleton last year called for changes to the school board's at-large election system, arguing that the system is unfair to Hispanics and violates the same laws cited by the Justice Department. Board of Education rejected They allege discrimination, and the lawsuit is still pending.
