Lawsuit against Dodge City’s voting districts could affect other Kansas communities

More than half of the population in Dodge City, Kansas, is Latino. But in the past 20 years members of the community argue they have never had the power to elect city officials of their choice.

A federal judge heard arguments last week in a lawsuit that aims to change this, with critics of Dodge City’s current local government structure arguing it denies representation and voting rights to its Hispanic and Latino residents.

The outcome of the case holds major consequences for the Southwest Kansas city. And if Dodge City loses, other Kansas cities may face their own legal challenges or calls for change.

The lawsuit, filed in 2022 by the ACLU of Kansas and other voting rights groups on behalf of two Dodge City voters, argues that Dodge City’s at-large voting system violates federal voting rights law because it denies Hispanic and Latino residents who live in the same part of the city the ability to elect representatives of their choosing.

Several other Kansas communities also use at-large voting systems – where every city council member must be elected by a vote from the entire city, rather than a specific district.

A ruling against Dodge City’s system could cause “a fundamental change” in how some communities elect representatives, said Spencer Duncan, a lobbyist for the League of Kansas Municipalities.

“We’ve taken the approach of sitting back and watching because I’m not sure anyone knows how it’s going to shake out,” Duncan said.

Long-criticized system

At-large voting districts have long faced criticism for limiting the influence of individual communities in cities and raising the bar for a resident to be elected to local office.

“They allow a majority block, so a majority of voters within a locality can control 100% of outcomes even if that majority is pretty slim,” said Yurij Rudensky, a senior fellow at the Brennan Center for Justice.

At-large voting systems, Rudenkey noted, establish a dynamic where it is possible for a community’s entire governing body to live in the same part of a city. It is harder and more expensive to mount a campaign in an at-large district, he said, and the type of person who runs for office is then limited.

As a result, he said, communities can be shut out of their local governments without a seat at the table.

Attorneys for the ACLU of Kansas said this has been particularly clear in Dodge City, where Latino residents live in compact neighborhoods of the city. If the city’s representation was split into geographical districts, the attorneys said, the community would be able to elect officials from within those neighborhoods.

But under the current system, ACLU attorney Kunyu Ching said, Latino residents struggle to even connect with their elected officials because they live across town and work conflicting hours.

“If you can’t hear from a significant segment of the population how are you even going to know an issue exists,” she said.

In a motion to dismiss the lawsuit, Dodge City argued the form of government was neutral and that a lawsuit brought by two residents should not change the voting system for the entire community. The lawsuit, it argues, couldn’t prove that the entire Hispanic community in Dodge City would vote alike.

Communities across Kansas, including Lawrence and Manhattan, use at-large voting systems. A ruling against Dodge City wouldn’t immediately force those cities to change their system. To prove a community violated voting rights laws a variety of factors impacting the representation of racial minorities must be met.

But it could spark lawsuits in those cities or cause those communities to rethink their voting systems out of concern.

Duncan said the question of district or at-large systems has often come down to a philosophical question about representation and whether it is better for local officials to represent specific neighborhoods or a full community.

“There’s really good arguments on both sides,” he said.

In Lawrence, elected officials are already thinking about making a change. In November Lawrence residents will vote on whether to retain its current at-large voting system or move to individual districts.

“We had a committee to go ahead and look into it and bring back information and we thought it would be prudent to push it forward,” Lawrence Mayor Bart Littlejohn said.

State Rep. Christina Haswood, a Lawrence Democrat, said she could see value in moving to a district by district system but wanted to see more data on who has historically run for office in Lawrence.

“It’s always such a hard ask to get folks from diverse backgrounds and experiences to run for office itself,” Haswood said. “I think our city commission is not diverse currently, as well, which makes me a little concerned on that end. I’m always open to new structures.”

Some communities, like Wyandotte County, the most racially diverse in the state, include at-large seats alongside districts in local government. Under its unique combined county and municipal government structure, the Unified Government of Wyandotte County/Kansas City, Kansas, has 10 elected commissioners split into eight districts and two at-large seats.

Rudensky said whether a mixed system dilutes voting power is dependent heavily on a local community.

“It does work,” Commissioner Andrew Davis, 8th District, said of the current setup. He noted there is racial diversity in the governing body that reflects the population.

Davis raised other Kansas cities contemplating the conversation of in-district versus at large representation on public bodies, including Lawrence, saying it’s a conversation he expects will continue to be had — especially as the state becomes more diverse.

Davis said the district boundaries have been created with a focus intended on representation.

“From a Wyandotte County perspective, I think we do this pretty well.” Davis said of the district map-making in Wyandotte County.

“I think it’s one of the better processes,” he added. “I think there are others that should mimic what we have.”