Judge rules against putting all Austin City Council seats on November ballot
A local judge has ruled for Austin in a redistricting lawsuit that seeks to vacate five City Council seats and put them on the ballot with the five other council seats in the November election.
On Tuesday, state District Judge Lora Livingston granted the city's motion for summary judgement — a win for the five council members whom the lawsuit seeks to make run for re-election before the end of their current term.
The ruling came down a week after lawyers presented arguments in Livingston's Travis County courtroom.
The city issued a statement: “We are pleased with the judge’s ruling that confirms our charter requirement for staggered terms, originally passed by Austin voters, complies with the law.”
More: Texas Supreme Court will hear bid to put every Austin City Council seat on November ballot
But Tuesday's ruling doesn't mean the case is over. The Texas Supreme Court will review the arguments and will have final say. Earlier this month, an appeals court ruled for the city.
In siding with Austin, Livingston ruled that a council member can represent residents whose homes the city recently moved into a different district through a redrawing of Austin's council districts map.
According to the lawsuit, 24,000 residents who lived in a council district scheduled to be on the November ballot were moved into a district that is not.
This was done in an effort to distribute the city population evenly among the 10 districts. The city's charter calls for redistricting every 10 years to coincide with the U.S. Census Bureau's findings.
Previously: Lawsuit aims to put every Austin City Council seat on November's ballot
Tuesday's ruling does not affect the five district representatives who are term-limited or who are running for reelection. Nor does it affect the mayor, who runs citywide and is chosen by voters in all 10 districts.
But for now, it's a win for the five council members whose seats aren't up for reelection until November 2024. Those are Vanessa Fuentes, Chito Vela, Mackenzie Kelly, Leslie Pool and Alison Alter.
In contemplating her decision, Livingston told lawyers last week she had to balance competing voters' rights arguments. Although some voters were moved into districts represented by someone for whom they did not get a chance to vote, the existing voters in that same district voted for that representative believing he or she would get four years in office before running again.
Lawyer Bill Aleshire brought the lawsuit on behalf of 12 residents whose homes were made part of a new district. He argued that voters, not the city, should have a say in who represents them at City Hall.
"I have deep respect for Judge Livingston. I am disappointed that this court does not think the Texas Constitution mandates giving redistricted voters an equal vote on who represents them on the Austin City Council," Aleshire said of the ruling.
This article originally appeared on Austin American-Statesman: Lawsuit fails to put all Austin City Council seats on November ballot
