[EL] Evenwel Amicus Brief of LA and 19 Cities and Counties

[David Ely]

One point I would like to emphasize relative to the “Virtual Representation” discussion in this brief is the importance of an identity of interest between voters and represented non-voters for the legitimacy of the this concept as described by John Hart Ely (no relation as far as I know).  What distinguishes the Virtual Representation embedded in the US Constitution and historical practice from  the discredited theory used to justify the denial of franchise to disfavored groups, is the relationship between the voters and non-voters who live in the same communities, are governed by the same laws, and interact with their government and community  on nearly identical terms, with very similar interests at stake.  These factors are the basis of what have become known as “Traditional Redistricting Criteria”. The dual equalization idea that the Evenwel argument suggests would seriously undermine that identity of interest by combining concentrations of Voters in some communities with concentrations of non-voters in very different communities, often with conflicting priorities and interests.

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